Support awards in a family law case are generally made based upon the actual income of the parties involved in the proceeding. However, often times it becomes necessary to impute income to either the husband or the wife, if either of them are underemployed or intentionally making themselves unemployed. Who has the burden of proof…
Continue reading ›Child support awards in Florida are always subject to modification, based upon many different reasons. In connection with a proceeding for the modification of child support, the question of retroactive support becomes important. In other words, if an increase in child support may be appropriate, at what point in time does that increase become effective?…
Continue reading ›Florida law does in fact require an obligor to either acquire or maintain life insurance in order to secure a child support obligation. This is found in Florida Statute 61.13(1)(c). What does this mean exactly? A judge does not have the discretion to order any amount he or she pleases. The amount of life insurance…
Continue reading ›There has been much discussion in Florida regarding alimony reform, but it has not arrived just yet. In order to understand the future of alimony, you have to be familiar with the current laws in Florida regarding alimony. Alimony is governed by Florida Statute 61.08. The initial step for a judge in deciding whether to…
Continue reading ›In today’s economy, we see more and more people struggling to find employment. As a result, people are searching over a broader market area then they would normally be looking at, and as a result, more employment opportunities become available to individuals in other states. This brings up the ever difficult decision a trial judge…
Continue reading ›In dissolution of marriage actions, attorney’s fees are frequently awarded when there is a large disparity in the parties incomes. Generally speaking, the underlying premise is to “put the litigants on an even playing field.” Both parties should have the ability to retain and be represented by competent counsel throughout the dissolution of marriage proceedings.…
Continue reading ›Yes, it is possible to have the court vacate a paternity decree after it has been entered, even if years have passed by. The remedy is found in section 742.18, Florida Statutes (2006). This statute creates circumstances under which a male may disestablish paternity or terminate a child support obligation when he receives “newly discovered…
Continue reading ›The effective date of the amendments were on October 1, 2008, and the changes were to have prospective application only. The changes could not be utilized to effectuate any modifications to agreements that were previously entered into by individuals prior to October 1, 2008. See the case of Hahn v. Hahn, (Fla. 4th DCA 2010)…
Continue reading ›Placing a value on jewelry is a more difficult question. There is ample case law that sets forth the principle that valuations must be based upon competent evidence. Noone v. Noone, 727 So.2d 972, (Fla. 5th DCA 1998); see also Knecht v. Knecht, 629 So.2d 883 (Fla. 3d DCA 1993). In Lassett v. Lassett, 768…
Continue reading ›Florida, and in particular south Florida, is suffering from the economic downturn experienced by the rest of the country. Foreclosures are at an all time high in Palm Beach and Broward County; families are losing their homes at an unprecedented pace. This situation makes relocation a very real possibility for many families after divorce. Single…
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