Category Archives: Family Law
Imputing Income in Florida Divorce Cases: What Courts Require Before Increasing Support Obligations
In many Florida divorce and support cases, a spouse is likely to claim that they earn far less than their potential to earn. Such a reduction in earning capacity will have a direct effect on how much alimony and child support should be awarded. The Florida legal system tries to address such situations using… Read More »
Florida Courts Consider Child’s Preference in Custody Case
Child custody disputes frequently involve a post-divorce situation where one party wants to change an existing custody agreement. The law in Florida will not readily grant a change in custody. The party seeking a change would have to prove that a significant change in circumstances has occurred, which will ultimately be beneficial for the… Read More »
When Courts Go Too Far: Enforcement Limits in Florida Parenting Plan Disputes
Family law disputes over parenting plans are some of the most frequent, as well as heated, matters handled by the Florida courts. When a parent does not obey an order from the court regarding a parenting plan, the other parent can have them brought before the court for contempt. Yet, courts are also required… Read More »
Can Retirement Justify Alimony Modification in Florida? A Look at Good Faith and Financial Reality
In most cases, alimony is usually determined upon divorce according to the economic situation of both spouses at the point of separation. However, what occurs when there are changes in the financial status of one of the spouses, especially in the event of retirement? Can one spouse use retirement as the basis for cutting… Read More »
How Much Discretion Do Florida Divorce Judges Have? Understanding the Limits of Fairness in Property Division and Alimony
Trial courts in Florida divorces have to make tough calls on alimony and equitable distribution of property between the separating spouses. The decisions can affect the finances of the disputing parties for a long time to come. However, what authority does the court exercise while making such decisions? In this article, we’ll review a… Read More »
Uneven Distribution of the Marital Estate
In most Florida divorces, the court has to make an equitable distribution of the couple’s property or the marital estate. This means that the distribution has to be fair but not necessarily equal. Most people think that the marital estate is split in half every time. In most cases, it is, but in many… Read More »
Florida Family Law Case Addresses Child Relocation
Relocation cases tend to be emotionally charged. One parent stands to lose access to the child if the other parent moves. The timesharing schedule needs to be completely rewritten, and the move will impact the child’s status quo. In Florida, there is a particular statute that deals with relocation cases, and the courts must… Read More »
Florida Court Addresses Contested Alimony Award
One of the most contested issues in Florida divorce cases is the award of alimony to one of the spouses. Even if both parties have agreed that the marriage is no longer working, they may have differing opinions on the awarding of support, the amount of support, and the type of alimony. The Florida… Read More »
Attorney’s Fees in Florida Divorce Cases: Can I Be Forced to Pay My Spouse’s Legal Fees?
Attorney fees are often awarded in Florida family law cases to equalize the playing field between spouses. The court has broad discretion to grant an award of attorney fees to one party to pay the fees of the opposing party under Section 61.16 of the Florida family law code. However, this discretion is not… Read More »
Florida Prenuptial Agreements and Contract Enforcement: When Is a Prenup Not Enforceable?
Prenuptial agreements provide spouses with predictability and control over financial rights in the event of divorce, but they also create a number of complex issues regarding fairness, disclosure, and judicial enforcement. In this article, we’ll discuss a case in which the Florida Supreme Court decided an issue at the heart of contested prenuptial agreements:… Read More »
