Generally speaking, a divorce should be a private matter. The proceeding often times involves sensitive and personal issues, which should not be made public. However, in Boca Raton, Fort Lauderdale and in other courtrooms throughout south Florida, contested divorce proceedings are conducted everyday. Many times someone will say something, in a fit of anger or…
Continue reading ›Equitable distribution of retirement accounts in Florida, including 401(k) accounts, is governed by Florida Statutes 61.075. To first determine if in fact a particular retirement account is a marital asset, you first have to understand the definition of a marital asset. A marital asset is defined as any asset acquired during the marriage, either individually…
Continue reading ›The divorce process becomes more complicated when there are minor children involved. This is especially true when one parent wishes to relocate. Relocation With Minor Children in Florida is governed by Florida Statute 61.13001. If a parent wishes to relocate from south Florida cities such as Boca Raton, Delray Beach, Fort Lauderdale, or from anywhere…
Continue reading ›The length of a marriage becomes one relevant consideration for the court to consider in a divorce case if alimony is an issue in the proceedings. The Florida legislature has attempted to bring some standardization to the awards of alimony in divorce proceedings. Alimony has historically been that unknown “wild card” in contested divorce cases.…
Continue reading ›Over the years, I have had the opportunity to discuss child support issues with many parents. A frequent question that often arises is whether one parent has the right to waive the receipt of child support from the other parent? The answer to this question is simple, NO! There are scores of cases in Florida…
Continue reading ›In Florida, no grounds for divorce are required other than the fact that the marriage must be irretrievably broken.. As a matter of fact, you can find this provision under Florida Statutes 61.043, which indicates that all one need do in a petition for dissolution of marriage is to assert that the marriage is irretrievably…
Continue reading ›Child support is designed to cover the basic necessities of life for a minor child, such as food, clothing and shelter. Every state has “Child Support Guidelines in place, and Florida is not excluded. Florida Statute 61.30 deals with the support of minor children, and includes the child support guidelines adopted by the Florida legislature.…
Continue reading ›Currently there are four types of alimony awarded under Florida law. Florida Statute 61.08 provides for the possibility of an award for Bridge-the-Gap, Rehabilitative, Durational, and Permanent Alimony. Although permanent alimony is “still on the books”, there have been strong movements forming in south Florida and across the country for the reform of alimony, including…
Continue reading ›Under Florida law, terms such as custodian, primary custodian,and any other use of the term custody have been abolished. Florida has now adopted what is known as a parenting plan, the provisions of which can be found in Florida Statute 61.13 (2)(b). A parenting plan must include, at a minimum, certain things, as follows: a…
Continue reading ›Is anyone exempt from paying child support? The answer is clearly NO. Each parent has a responsibility to support their children, not just one parent. This is even true if one parent is wealthy, and the other parent is down and out. Remember the television show, Jon & Kate plus 8? This situation exemplifies the…
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