Setting Aside a Marital Settlement Agreement is a critical issue for spouses in Miami-Dade County and throughout Florida who believe their divorce settlement was procured by fraud, duress, coercion, mistake, or financial concealment. Florida law strongly favors the finality of marital settlement agreements, yet it...
Separate Maintenance Actions are a powerful but often misunderstood legal remedy that allows spouses to seek alimony and child support without dissolving the marriage. In Miami and throughout Florida, this action provides court-ordered financial relief while preserving the marital relationship. Governed primarily by Fla. Stat....
Modification While in Arrears Florida is a recurring and high stakes issue in post judgment family law litigation across Miami and throughout the State of Florida. Parents and former spouses frequently ask whether a person who is behind on child support or alimony can still...
If you are asking whether you can refuse visitation for unpaid child support in Florida, the short answer is no. Florida law clearly provides that timesharing rights cannot be conditioned on payment of child support or alimony. Section 61.13(4)(a), Florida Statutes, expressly states that when...
Collection of Past Due Child Support in Florida is governed by a comprehensive statutory and administrative enforcement framework that treats unpaid child support as a vested legal right. Florida law provides powerful judicial and administrative tools to recover child support arrears, including income deduction orders,...
Understanding the Tax Implications of Alimony in Florida Divorce The tax implications of alimony in Florida divorce directly affect the net financial outcome for both spouses. Under Fla. Stat. § 61.08(2)(h), trial courts are required to consider the tax treatment and consequences to both parties of...