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…
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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 ›Fraud can happen in a wide variety of circumstances and divorce is no different. Courts depend upon information provided by each spouse in order to issue final judgments on issues such as child support, child custody, spousal support, and equitable division of property and debts. If one spouse provides false information in an attempt to…
Continue reading ›Many divorced couples are able to agree on visitation and custody arrangements that allow both parents to continue to have a meaningful relationship with their child. Even if you do not have primary custody of your children, you have the right to regular visitation with them. Though many couples stick by their original custody and…
Continue reading ›Child support awards are always subject to modification. There are a multitude of reasons which would justify a modification, such as a loss in employment, change of custody, increase in income, etc. The question which often arises is when does the modification, if granted, commence. The case of Webber v Webber, 56 So.3d 822 (Fla.…
Continue reading ›Unreimbursed Medical Expenses for minor children is an issue that arises in every divorce case involving children. The question to be addressed is which parent pays for these expenses. It seemed that for a very long time the unwritten rule was that each parent is responsible for these kind of expenses on an equal, 50-50…
Continue reading ›Generally speaking, personal service of the initial divorce petition and summons on your spouse is necessary in order to effectuate full relief. The concept of due process of law mandates that all parties involved be afforded the opportunity to have notice of the proceedings and opportunity to be heard. What happens however, when you don’t…
Continue reading ›What is the significance of the concept of imputed income and its application to alimony and child support? Imputed income can become a very significant and important aspect in a divorce proceeding when we are talking about alimony and child support obligations. Florida law provides that a trial judge shall impute income to an unemployed…
Continue reading ›The two part question that is frequently asked of me is “how long will this take and how much will it cost?” That’s not always an easy question to answer. It depends. It depends on what the issues are that are involved; it depends on whether or not there are minor children; and it depends…
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