Child support payments for a child in Florida is an extremely protected right. The state of Florida has imposed significant penalties against those who choose not to pay child support, including the loss of driving privileges, the loss of professional and other business licenses, and the loss of freedom.. Prior to the imposition of penalties…
Continue reading ›The Florida legislation is attempting to bring uniformity to the subject of alimony in Florida. New legislation now objectively defines a marriage as short term, long term, and moderate term. If a marriage is 7 years or less, it is short term. If the marriage is 17 years or more, it is long term. Anywhere…
Continue reading ›Relocating with minor children involves the consideration of many factors by the court. Although there are many factors involved in this process for the court to consider, the primary factors often become the extent of the involvement of the non relocating parent, the payment history of any child support obligation, and of course, the reason…
Continue reading ›The payment and collection of child support in the state of Florida often times can become a frustrating process. On the surface, the receipt of child support payments should be a straightforward matter. The most effective remedy for the collection of child support is to invoke the contempt powers of the court. What exactly do…
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 ›Calculating the proper amount of child support requires more than simply ascertaining the appropriate net monthly incomes of the parties. A Child Support Guidelines Worksheet must be filed in the particular proceeding. There is no discretion with the court in this regard. Failure to file the worksheet is reversible error. This mandate is found in…
Continue reading ›The age old question, which invariably comes up time and time again. The answer to this question is determined by examining the reason why an engagement ring is given by one party to the other. An engagement ring is a gift made upon the implied condition that a marriage is to occur. If a marriage…
Continue reading ›We all know that divorce is an extremely difficult time for people to experience. Emotions run high, and often time, all sense of reason and reasonableness vanish during divorce proceedings. Some people like to amicably resolve their differences, and move on with their lives. Others, however, would prefer to make their soon to be ex-spouse’s…
Continue reading ›Military retirement benefits are marital assets and subject to equitable distribution. Florida Statute 61.076. The exception is that military retirement benefits that are based on a disability are excluded from equitable distribution. Abernethy v. Fishkin, 699 So2d 235 (Fla 1997). Disability pension and benefits are not marital assets, and are not subject to equitable distribution.…
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