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Generally speaking, the Florida courts will award alimony payments based on the recipient’s need and the payer’s ability to pay. The courts also consider factors like the length of the marriage. In many cases, disputes over alimony arise. That was the issue in one Florida court case involving a wife who alleged her husband was underemployed. In this article, the…
In Florida, the court can order one party to pay the legal fees of the other in specific situations. The court must determine that the party paying the legal fees engaged in egregious or meritless litigation conduct. The court can assign legal fees to this party as a means of discouraging such behavior. These are known as Rosen fees. They…
The State of Florida requires parents to provide financial support to their children. The obligation to do so ends when the child turns 18, the age of majority. However, if the parent did not provide financial support to the child when the child was still a minor, the parent who is owed child support can recover child support retroactively even…
The Florida courts will only grant modifications to child support payments when the individual who is petitioning the court for the modification can prove that a substantial change has occurred to warrant such a modification. Typically, “substantial changes” include changes to an individual’s income or when the children start spending more time with the paying parent. In one case, Sadeh…
The termination of parental rights is a serious matter in Florida. In some cases, a parent can voluntarily surrender their parental rights to a child as in the case of adoption. In other cases, the court will find cause to terminate a parent’s parental rights because the court has determined that they are a threat to the child’s wellbeing. In…
Employers often request that employees sign non-compete agreements as a condition for hire. Confidentiality and non-disclosure agreements are similar agreements and they are often simply clauses incorporated into employment contracts. When such agreements comply with Florida and Tampa employment law, courts uphold them and employees are liable for contract breaches. The reason for such agreements is generally to protect company’s…
Some couples won’t even address the concept of a prenuptial agreement prior to getting married. They don’t want to “jinx” their marriage with the possibility of a divorce. However, studies have shown that Millennials have a much better opinion of prenuptial agreements than previous generations. And prenups aren’t just for the ultra-rich. Prenuptial agreements are simply contracts that spell out…
Stepparents are legally allowed to adopt children from a previous marriage in Florida. There are several reasons why you may want to do this. You may want to formalize your parental rights over the children or ensure that your relationship with them is legally binding under Florida law. Parents have specific rights over their children which are not available to…
In Florida, a parenting plan is the document that determines the custodial agreement between two parents. During a Florida divorce with children, the courts will expect the parents to present a parenting plan to the court for review. If the parents cannot come to an agreement, then the courts will decide the matter for them. This is also true for…
In Florida, custody refers to legal decision-making power over the child. A parent who has legal custody of a child has the power to make decisions concerning the child’s schooling, health care, religious upbringing, and more. While Florida courts used to favor mothers in custody matters, that is no longer the case. Today, the courts presume that both parents should…