Recent Blog Posts
Can I Ask a Judge to Extend Support Obligations Beyond My Child’s 18th Birthday?
It is well understood that parents have a legal obligation to financially support their children until they reach the age of 18. However, if the child is mentally or physically incapacitated, a court may order one or both parents to provide support “beyond the age of 18 years” under Florida law. In other cases,… Read More »
Are a Parent’s Past Medical Records Relevant to a Child Custody Proceeding?
A divorce can bring to light many unflattering and embarrassing facts about a couple into court. But there are limits on how far a court will go before outright violating someone’s privacy. It is critical to note that Florida law guarantees the right to privacy in such things as medical records. So a spouse… Read More »
What Happens If My Spouse Forged My Signature to Take Out a Loan?
In a Florida divorce proceeding, the court will identify any “nonmarital assets and liabilities” that should be excluded from the equitable distribution of marital assets. For example, an asset acquired by either spouse prior to marriage is normally considered a nonmarital asset. Similarly, a debt incurred by just one spouse before marriage is not… Read More »
What Factors Will a Florida Judge Consider in Revising an Award of “Permanent” Alimony?
Under Florida law, a court must consider a number of factors when determining (or modifying) an award of alimony. One such factor is the “financial resources of each party.” But there are other factors as well, such as how long the marriage lasted, the “standard of living” established during that marriage, and the relative… Read More »
How Domestic Violence Allegations Can Affect Disputes Over Child Custody
Domestic violence allegations can have a substantial impact on ongoing divorce and child custody proceedings. Under Florida law, a judge can issue a permanent injunction against a spouse accused of committing acts of domestic violence. In some cases, such an injunction may be in force even if the accused spouse is no longer physically… Read More »
Can a Judge Order Me to Pass a Breathalyzer Test Before Visiting My Kids?
In the context of child custody, a parent always retains a basic right to have a meaningful relationship with their children. So as a general rule, a Florida judge will not outright deny a non-custodial parent visitation rights. But the court may impose certain conditions or restrictions on visitation in order to protect the… Read More »
Will a Court Modify Child Custody Arrangements Because I Recently Moved?
When reviewing child custody and visitation matters, a Florida court must always put the “best interests of the child” first. To put it another way, a judge should not agree to modify existing arrangements simply based on what is most convenient for one of the parents. And previously approved “time-sharing” plans will not be… Read More »
What Is the Role of a Florida General Magistrate in Handling My Divorce Case?
Florida’s family court dockets are typically quite crowded. There are only a limited number of judges available to hear thousands of cases each year. In order to help deal with this workload, Florida law allows circuit court judges to appoint and refer cases to “general magistrates.” These are licensed attorneys who perform many of… Read More »
Can a Florida Court Modify My Child Support Obligation Even If I Move to Another State?
Child support represents an ongoing legal obligation. But while a Florida court may issue a child support order, what happens if the parent–or the child–moves to a different state? Does Florida still retain jurisdiction to decide any future changes to child support arrangements? Or can another state’s courts step in and assume jurisdiction? Understanding… Read More »
