Monthly Archives: February 2020
Can Grandparents Seek Visitation Rights Over a Parent’s Objections?
One of the thornier issues in Florida family law is the legal right of grandparents to seek visitation rights with their grandchildren. If you look at the Florida Statutes, i.e., the laws adopted by the state legislature, you will find provisions allowing court-ordered grandparent visitation rights in limited circumstances. But the Florida courts have… Read More »
Does Requesting a State Investigation of Your Ex-Spouse Qualify as “Stalking”?
Domestic violence allegations often come up in the context of divorce proceedings. In some cases, a judge may issue an injunction against a spouse (or former spouse) if there is credible evidence of domestic violence against the other party. At the same time, an injunction is not a weapon to be used simply because… Read More »
What Is “Imputed” Income, and How Does It Affect an Award of Child Support?
Florida courts base child support awards on a series of guidelines written into state law. These guidelines require a judge to consider all sources of a parent’s income when determining their ability to pay child support obligations. And in some cases, the court may assign or “impute” income to a parent who is unemployed… Read More »
Does a Marital Settlement Agreement Override Florida Law Governing the “Cut-Off” Date for Classifying Marital Assets?
Under normal circumstances, Florida law imposes a “cut-off date” for classifying assets as marital or separate in a divorce case. That is, all assets acquired by either spouse after the cut-off date is not subject to equitable division by a judge. However, if the parties enter into a marital settlement agreement (MSA), they may… Read More »