Boca Raton Divorce Lawyer Blog

Alimony, spousal support, and spousal maintenance all refer to money paid by one ex-spouse to another after a divorce. The idea behind alimony is that, if one spouse depended on the other financially during the marriage, that spouse cannot become financially independent immediately after divorce. Florida alimony laws are quite favorable to the spouse receiving…

In Florida, children rarely testify in court. Even when the children are old enough to provide useful testimony, judges always avoid having minors testify in family law cases unless there is no other alternative. Divorce and custody battles are stressful enough for children and teenagers, and being questioned in a courtroom could cause them unnecessary…

When a court is called upon to create a parenting plan and a time-sharing schedule, the court is required to consider the factors found in Florida Statute 61.13(3). The best interests of the minor children involved in the proceeding should always be the paramount concern of the trial court judge.  One section which should not…

Although there have been several recent attempts to abolish permanent alimony in Florida, all those recent attempts have failed.  Permanent alimony is still alive and well in the State of Florida. So what does this mean to you, either as a potential recipient, or as a potential payor of alimony?  Permanent alimony is generally, as…

Relocating from Florida with minor children can often times present a challenging situation.  The Court must engage in a balancing test between the rights of the parent wishing to relocate against the rights of the stay behind parent. Ultimately, the judge must decide the issue based on the best interests of the minor children. The…

When it comes time for the court to determine and establish a time sharing and parenting plan between the biological parents of a minor child, the court applies the “best interests of the child” test in making its consideration. There are numerous factors that the court will look at in making its determination as to…

The question frequently arises in a divorce case as to whether or not an inheritance is a marital asset or non-marital asset.  The Florida equitable distribution statute which deals with the distribution of assets, both marital and nonmarital, clearly sets forth that assets acquired separately by either party by non interspousal gift, bequest, devise, or…

Supplemental security income or as more commonly known as a SSI  benefits, are in fact included in your income when it comes time to calculating child support in Florida. Florida is, however, in the minority when it comes to utilizing SSI benefits for child support calculations.  Most states exempt this type of income from an…

Although 401K accounts and IRA retirement accounts are generally protected from creditors, they may not have the same protection against an ex- spouse regarding the payment of alimony or child support arrears.  Stated another way, if you are owed either alimony or child support, do you have a right to collect the monies owed from…

Do you have a divorce case, a paternity case, or a supplemental petition for modification of alimony or child support pending before the court?   If you have answered yes to this question, you need to be sure that you have “clean hands” when you proceed to court with your case. What in the world…