The current law in Florida provides that a parent cannot relocate or change the location of their principal residence if that change of residence will be more than 50 miles from their current residence. If a spouse is considering a move that is more than 50 miles away, they must obtain either the written consent…
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Child support is calculated initially by adding together each of the parties respective gross incomes. What can you do if one of the parties is out of work and unemployed? Do you have the right to impute income to the unemployed parent? Florida law authorizes a court to impute monthly income to a voluntarily unemployed…
Continue reading ›Alimony is an area of the law that requires a fact intensive investigation by the court. When a court decides to either award an alimony claim or deny an alimony claim, the court is required to consider all of the statutory factors set forth in Florida Statute 61.08(2). If a final judgment fails to consider…
Continue reading ›A financial affidavit must be filed in an initial divorce proceeding as well as in supplemental dissolution proceedings. Florida Family Law Rule of Procedure 12.285 (e)(1) requires the service and filing of a financial affidavit in supplemental dissolution proceedings within 45 days of service of the initial pleading on the respondent. In child support modification…
Continue reading ›A parenting plan is a written contract between the parents of minor children. Parenting plans are subject to court approval. At a minimum, a parenting plan must include the following: (1) A description as to how the parents will share and be responsible for the daily tasks associated with the upbringing of the child; (2) the…
Continue reading ›It is understandable that some spouses who are divorcing are not necessarily in the mindset to cooperate with one another. After all, fighting and disagreements have likely played a role in the decision to end their marriage. However, refusal to come to an agreement regarding one or more issues in a divorce can cause serious…
Continue reading ›When two people get married, it often makes sense to combine finances. Spouses open joint bank accounts and combine their incomes to help each other pay off debts–both pre-existing debts and new ones acquired during the marriage. In many situations, spouses may depend on one another to be able to cover their monthly bills. This…
Continue reading ›A major issue between parents who split up is who will get custody of their child. In many cases, if you do not particularly like the other parent or believe he or she may be irresponsible in some way, you may want to obtain sole custody rights. However, getting sole custody in Florida is extremely…
Continue reading ›Facing a court case involving your children can be emotional and stressful. The following are only some of the questions that are frequently asked of child custody attorneys regarding this type of case in Florida. Can I get sole custody of my children? It is important to note that instead of the terms “joint custody”…
Continue reading ›Many different religions have different requirements for ending a marriage, such as a declaration of nullity in Catholicism or the practice of talaq in Islam. However, none of these practices ends a legally valid marriage in the eyes of the law in the state of Florida. Instead, Florida has many requirements and steps that you…
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