Recent Blog Posts
Does a Couple Have to Stay in Business Together Following a Divorce?
When it comes to dividing marital property in a Florida divorce case, some assets are more easily dealt with than others. For example, it is relatively simple to divide up checking accounts and other cash-based assets. But what if the divorcing couple owns a family or closely held business? Are the parties expected to… Read More »
Why You Should Never Lie About Your Income in a Florida Child Support Proceeding
Florida law establishes a set of child support guidelines that takes into account a number of factors, notably each parent’s respective income, in deciding the final amount of any support payments. Although parents may reach a voluntary agreement regarding child support, a judge must still approve any such agreement in accordance with the guidelines…. Read More »
When Does a Florida Court Need to Account for a Parent’s New Job in Modifying a Child Support Agreement?
Child support is supposed to take into account each parent’s respective financial situation. Obviously, as a parent’s fortunes change over time, so too may the precise amount of child support required. And while a parent cannot avoid child support by, say, voluntarily quitting their job in order to reduce their income, a judge may… Read More »
How Do Florida Courts Decide When to Award Periodic or Durational Alimony?
There are a number of things a Florida court takes into account when deciding whether and how to award alimony in a divorce case. Florida law actually provides for several different categories of alimony. For example, a judge may award periodic permanent alimony–which requires one spouse to pay the other a monthly sum for… Read More »
What Is a “Dissipation” of Marital Assets?
Florida follows the principle of “equitable distribution” in divorce cases. In other words, unless the parties agree among themselves how to allocate any assets or liabilities post-divorce, a judge will order an “equitable division.” Equitable does not necessarily mean “equal,” however, and the court may look at a number of factors when deciding the… Read More »
Do I Need a Judge’s Permission to Relocate with My Child?
There are very specific rules in Florida governing child custody disputes. This includes situations where one parent wants to relocate the child, i.e., the parent wants to move with the child to a different city for any reason. If the child is already the subject of a time-sharing order between the parents (or any… Read More »
How Can Changes in a Parent’s Income Affect Child Support Obligations?
When parents enter into a child support agreement, a court will only allow the parent paying support to reduce his or her obligations under very narrow circumstances. For example, if there is a permanent change in the parent’s income, that would qualify as grounds for asking a judge to reduce support obligations. But even… Read More »
How Long Does “Permanent” Alimony Last in Florida?
In some cases, a court decides to award “durational alimony,” which continues for a specified period of time. In other cases, a judge determines that an award of “permanent alimony” is more appropriate. Despite the name, permanent does not necessarily mean in perpetuity. Rather, Florida law states that by default, an award of permanent… Read More »
How Will Gifts To (or From) Family Members Affect My Divorce?
One of the main issues in any Boca Raton divorce case is the proper division of marital assets. Normally, Florida courts apply an “equitable distribution” rule. In most cases, equitable means a 50/50 split of any property acquired during the marriage. But a judge may depart from a strictly equal division under certain circumstances,… Read More »
Can a Florida Judge Award More Alimony Than a Spouse Requested?
A Florida court may award alimony in a divorce case when the judge makes a “specific factual determination” that a spouse “has an actual need.” There are a number of individual factors the court may consider in making this determination, including how long the parties were married, the relative financial resources of each spouse…. Read More »
