A trial court is required to make sufficient findings about an individual’s ability to pay alimony. A litigant requesting alimony has the burden of proof on both his or her financial need as well as the other spouse’s ability to pay and meet that need. Gilliard v. Gilliard, 162 So3rd 1147 (Florida 5th DCA 2015).…
Continue reading ›Changing the surname of the minor child after divorce is no simple matter. As a matter of fact, the burden of proof in such a situation is extremely high. The standard for changing the child’s name is whether the change is in the child’s best interests or is necessary for the welfare of the child.…
Continue reading ›Did your divorce case turn out different than you expected? Are you considering a review and appeal of your case? If you’ve answered yes to these questions, you should be prepared to review your conduct through the course of the trial court proceedings. The right to file an appeal is not without limitations. Appeals will…
Continue reading ›The current law in Florida provides that a parent cannot relocate or change the location of their principal residence if that change of residence will be more than 50 miles from their current residence. If a spouse is considering a move that is more than 50 miles away, they must obtain either the written consent…
Continue reading ›Child support is calculated initially by adding together each of the parties respective gross incomes. What can you do if one of the parties is out of work and unemployed? Do you have the right to impute income to the unemployed parent? Florida law authorizes a court to impute monthly income to a voluntarily unemployed…
Continue reading ›Alimony is an area of the law that requires a fact intensive investigation by the court. When a court decides to either award an alimony claim or deny an alimony claim, the court is required to consider all of the statutory factors set forth in Florida Statute 61.08(2). If a final judgment fails to consider…
Continue reading ›A parenting plan is a written contract between the parents of minor children. Parenting plans are subject to court approval. At a minimum, a parenting plan must include the following: (1) A description as to how the parents will share and be responsible for the daily tasks associated with the upbringing of the child; (2) the…
Continue reading ›It is understandable that some spouses who are divorcing are not necessarily in the mindset to cooperate with one another. After all, fighting and disagreements have likely played a role in the decision to end their marriage. However, refusal to come to an agreement regarding one or more issues in a divorce can cause serious…
Continue reading ›When two people get married, it often makes sense to combine finances. Spouses open joint bank accounts and combine their incomes to help each other pay off debts–both pre-existing debts and new ones acquired during the marriage. In many situations, spouses may depend on one another to be able to cover their monthly bills. This…
Continue reading ›A major issue between parents who split up is who will get custody of their child. In many cases, if you do not particularly like the other parent or believe he or she may be irresponsible in some way, you may want to obtain sole custody rights. However, getting sole custody in Florida is extremely…
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