Recent Blog Posts
Florida Appellate Review of a Dating Violence Injunction
In Florida, domestic violence injunctions are civil orders that can have major consequences for both parties. The injunction can restrict an individual’s ability to contact or approach another person, have a profound impact on child custody, and even lead to criminal penalties if the injunction is violated. Due to these factors, Florida law requires… Read More »
Florida Family Law Case Details What Happens When One Spouse Gets More Than Half the Marital Estate
Florida law starts every analysis of equitable distribution with the presumption that all marital assets and debts should be split evenly between the two spouses. However, this presumption is not absolute. A court can order an unequal distribution of marital property if it finds that one of the statutory reasons justified a departure. In… Read More »
When Business “Pass-Through” Income Can Inflate Florida Child Support
In Florida, child support disagreements often hinge on one key factor: income. While some parents receive a regular paycheck, others operate businesses or report earnings on tax returns that don’t necessarily represent the actual funds available to cover support obligations. This distinction is critical because support calculations must reflect a parent’s true financial capacity,… Read More »
Dissipation of Assets Results in Unequal Distribution of the Marital Estate
The equitable distribution law in Florida grants the court the authority to deviate from the equal distribution of marital property if one of the spouses intentionally dissipated or wasted marital property before the divorce. In the event that the court must address the dissipation of assets, it must make factual findings and use strong… Read More »
Understanding Durational Alimony Under Florida Law
Within the past few years, Florida’s alimony laws have undergone substantial changes. Gone is permanent alimony, which has been replaced by durational alimony. In this article, we’re going to discuss a case related to an alimony award. The former husband appealed the award claiming that the trial court abused its discretion when awarding durational… Read More »
What Happens When One Spouse Wastes Assets from the Marital Estate?
Equitable distribution is not necessarily equal distribution. In cases where one of the spouses intentionally dissipates (or wastes) marital assets, trial courts have the authority to favor one spouse over the other when dividing the marital estate. Not all dissipation of funds is considered legal dissipation, however. In this article, we’ll discuss a real… Read More »
Do I Have to Pay Alimony if My Former Spouse Lives with a New Partner?
Florida law states that alimony or spousal support is meant to address a former spouse’s financial needs. If the spouse enters into a “supportive relationship” with another person, the court presumes that they don’t need alimony anymore. So, if a former wife moves in with a new partner, the former husband can petition the… Read More »
Contested Paternity and Genetic Testing in Florida Family Law
Contested paternity cases raise some of the most sensitive Florida family law questions, especially in cases where there is already a legal father of the child. Although genetic testing seems to clearly resolve the issue of biology, Florida courts have uniformly held that biology is not enough to resolve the issue of paternity. In… Read More »
Contested Custody and Relocation Under Florida Law
The most difficult type of contested custody cases involves parental relocation with the child. When a parent seeks to relocate a child a great distance from the other parent, the trial court has to weigh their competing claims and determine whether the relocation should proceed. In weighing this evidence, the trial court must make… Read More »
Contested Paternity and the Limits of DNA Evidence in Florida
Paternity disputes can be emotionally charged and legally complex, especially where a child is already deemed to have a legal father. Advances in technology have made it easier to prove biological parentage, but it is noteworthy that Florida courts have consistently held that paternity is not just a matter of DNA but instead is… Read More »