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SadBoy

Can Exposing a Child to Domestic Violence Lead to a Change in Custody Arrangements?

By WiseLieberman, PLLC |

The general rule in Florida is that a child custody order will not be modified after-the-fact unless there is proof of a “substantial, material, and unanticipated change in circumstances” that the parents did not contemplate at the time. Obviously, something like domestic violence would qualify as such a change. But what you may not… Read More »

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DivParent2

Who Claims Your Children as Tax Dependents After a Divorce?

By WiseLieberman, PLLC |

In 2018, federal law made significant changes to the administration of the child tax credit. A parent may now claim a tax credit of up to $2,000 per child. If the parent owes no income tax, they can still claim a “refundable” tax credit of up to $1,400. Prior to 2018, individuals could claim… Read More »

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DivorceCost

When Can a Florida Court “Impute” Income to an Ex-Spouse in an Alimony Modification Proceeding?

By WiseLieberman, PLLC |

When a Florida court decides cases involving alimony or child support, the judge may “impute” income to one of the parties. Basically, this means the judge assumes the party should have a certain amount of additional income, even if they do not. For example, if one spouse is capable of working but chooses not… Read More »

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FatherDaughter2

Supreme Court Rules Child Taken by Mother to U.S. Rightfully Returned to Father in Italy

By WiseLieberman, PLLC |

Child custody disputes are rarely simple. But they take on an added dimension of complexity when the parents are living in different countries. And many cases are further complicated when one parent accuses the other of “abducting” the child and taking them to another country. To help address such matters, roughly 100 countries, including… Read More »

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Rental Income and Child Support Payments

By WiseLieberman, PLLC |

Florida law establishes a complex set of guidelines for determining child support obligations. The key to these guidelines is looking at a parent’s gross income. Such income includes not just the parent’s normal salary or wages from their job, but also any self-employment or business earnings, as well as certain government benefits, such as… Read More »

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MotherDaughter

Understanding a Parent’s Obligations Under a “Shared Parental Responsibility” Custody Order

By WiseLieberman, PLLC |

Child custody can be broken down into two major subjects: physical custody and legal custody. Physical custody refers to which parent the child actually lives with on a day-to-day basis. Legal custody more broadly covers how the parents will exercise decision-making authority over critical issues affecting the child, such as: What school will the… Read More »

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Does the Length of My Marriage Matter When It Comes to Alimony?

By WiseLieberman, PLLC |

When it comes to alimony, Florida places significant weight on the duration of the parties’ marriage. State law divides marriages into three categories: marriages of less than 7 years are considered “short term”; marriages of between 7 and 17 years are considered “moderate term”; and marriages of 17 years or more are considered “long… Read More »

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MomDaughter2

Will a Court Alter Our Child’s Custody Arrangements If I Don’t Get Along with the Other Parent?

By WiseLieberman, PLLC |

Once a Florida court enters a final judgment with respect to child custody issues, also known as “parenting” and “time-sharing,” there is a heavy burden placed on either parent should they wish to later modify such orders. Essentially, the parent seeking modification needs to prove through “competent, substantial evidence” that there has been a… Read More »

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Grandparents

Can Grandparents Seek Visitation Rights Over a Parent’s Objections?

By WiseLieberman, PLLC |

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 »

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Does Requesting a State Investigation of Your Ex-Spouse Qualify as “Stalking”?

By WiseLieberman, PLLC |

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 »

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