Boca Raton Divorce Lawyer Blog

No. Child support is a benefit and entitlement for a minor child. Under Florida law, a parent does not have the legal right to waive the receipt of child support. Also, a parent does not have the unilateral right to determine how much he or she wants to pay, nor can the recipient parent due…

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…

This question frequently arises in the context of a subsequently filed bankruptcy proceeding. Generally, the obligor, or person who is obliged to make the lump sum alimony payment, seeks to have the payment or payments discharged through a bankruptcy proceeding. The resolution of these types of situations is of course dependent upon the intent of…

We now know that a 17 year marriage is considered a long term marriage under Florida law. A long term marriage raises the presumption of permanent alimony. The new alimony statute lists various criteria that the trial judge should consider in making the determination to award permanent alimony, but it doesn’t tell us how much…

Equitable Distribution of marital assets is governed by the provisions of Florida Statute 61.075(1). That section provides that, in distributing marital assets and liabilities, a court “must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors….” What factors then, would…

Although a dog is viewed as a member of the family, no one in a divorce case is going to end up with custody of the pet. A dog, or any other animal, is considered personal property, and personal property is divided between the parties pursuant to the equitable distribution provisions of Florida law. This…

Maybe yes, or maybe no. The fact that such a large indebtedness exists, in and of itself, is not the determining factor that may lead to incarceration. The court must first determine how much of that debt can be presently paid by the obligor. This amount becomes the “key” to the jailhouse cell for the…

Just when you were thinking about all the different ways in which you were going to spend your tax refund, reality sets in, and you realize that the IRS has intercepted your money. How can they do this; is it really possible; can the IRS take my refund and apply it against child support that…

Some areas of the law are “black and white” in that based upon a prescribed set of facts, you knew exactly where you stood. Some areas are “gray”, which is especially true in the context of a divorce case, where the family court judge presiding over the case has a wide range of discretion .…

As the old cliche goes, “nothing is forever”, including either the award of or agreement to pay permanent alimony. Support obligations are always subject to modification. However, in order to justify a modification of alimony, the petitioning or moving party must prove (1) a substantial change in circumstances; (2) that the change was not contemplated…