Family law courts in Florida have to negotiate enforcing orders versus protecting parental rights. In the case of Wolf v. Wolf, the Second District Court of Appeal confronted a situation where that line was crossed when a contempt proceeding that was meant to punish disobedience was used to dramatically alter child custody. The Wolf decision stands as an important reminder…
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Family Law and Marital Law
Understanding How Florida Courts Evaluate Alimony: Lessons from Parker v. Parker
Alimony is often one of the most difficult parts of a divorce in Florida. When a couple splits up, one person might genuinely need financial help moving forward, while the other might feel the amount being asked for is way too much or simply not fair. Since alimony can shape both people’s financial futures for years to come, Florida courts…
What Ramirez v. Gregory Teaches About Contested Child Support in Florida
Child support is one of the most important and disputed issues in family law. Whether parents were married, separated, or never together, Florida law requires that both contribute to the financial well-being of their child. But disputes can arise over how much support is owed, how it should be calculated, and whether retroactive (past-due) support can be ordered. The case…
Are There Any Legal Reasons to Stop Paying Child Support?
The State of Florida takes a parent’s duty to pay child support very seriously. Courts can garnish your wages, intercept your tax returns, and even send you to jail for nonpayment of child support. Nonetheless, there are some legally valid reasons to stop paying child support. In this article, the Tampa, FL, child custody lawyers at , will discuss legal…
Relocation Case Prevents Court from Making Prospective Rulings Concerning the Welfare of a Child
If you want to relocate with your child, you need the other parent’s permission. Failing that, you need to obtain the court’s permission to move forward with the relocation. This is exemplified in the case of Arthur v. Arthur, 54 So. 3d 454 (Fla. 2010). In this article, we’ll discuss the importance of this case for Florida law. Background of…
The Importance of Financial Disclosure in Prenuptial Agreements
When you sign a prenuptial or postnuptial agreement, it’s important that both parties have attorneys to represent their interests. One party would not present the other with a prenuptial agreement to sign without having a lawyer weigh the risks and benefits. In addition, both parties must make full financial disclosure by disclosing their assets and liabilities during the drafting of…
When Am I Allowed to Ask for a Reduction in Child Support Payments?
If you’ve recently lost your job, lost an income stream, or are otherwise in dire straits financially, you can ask the court to modify your child support payments. You do, however, have to prove that there has been a “substantial change in circumstances” that’s impacting your income. In this article, the Tampa, FL, child custody attorneys at , will discuss…
When Will the Courts Order a Drug Test During a Florida Custody Case?
In Florida custody cases, the courts prioritize the best interests of the children. When one parent accuses another parent of unfitness, the courts will address the matter in a variety of ways. It is well within the court’s power to order that one parent be drug tested to determine if they’re fit to parent their children. If they fail the…
How to Ask the Court for a Reduction in Child Support Payments
If you want to petition the court for a reduction of child support payments, you have to establish several factors. Firstly, you must establish that a substantial change in circumstances has occurred, such as the loss of a job. Second, you need to prove that the substantial change is involuntary and permanent. Failing these, the court will likely deny your…
Father Contests Equitable Distribution in Florida Family Law Case
Before you can equitably distribute the marital estate, you must determine what assets and debts belong to it. In other words, the court must decide what constitutes marital property and what constitutes the property of the individual spouses. Generally speaking, all property acquired during the marriage is considered a part of the marital estate. Property acquired before or after the…