Collect Child Support A lot of questions posed to Miami family law attorneys revolve around the collection of child support payments. Under Florida Statute 61.1301 (2014), most child support payments are made by income deduction (commonly referred to as "garnishment"), which is typically established when the Florida...
Waive Child Support Arrears? Is it possible to waive child support arrears? We were recently asked whether our firm would be able to facilitate an agreement between an ex-husband and ex-wife in which the ex-wife agreed to relieve the father, who was delinquent in child support...
Adultery in Florida Is Adultery Illegal in Florida? Under Florida Statute §798.01, whoever lives in an open state of adultery shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Where either of the parties living in...
Separate Maintenance Sometimes a marriage is not quite working out, but you are not (yet) ready for an actual divorce. Additionally, there are instances where a couple may be ready to separate but are not legally entitled to divorce at that moment. In both these cases,...
Name Change under Florida Law From time to time, people may need to adopt a name different from that of the name that they were given at birth, adoption, or chose at the time of their marriage. Choosing the right Florida attorney to help you with the...
No-Fault Divorce Is it necessary, under Miami, Florida law, to prove wrongful conduct such as adultery, in order to obtain a divorce? The answer is no, Florida is a "No-Fault Divorce" state. Under Florida's Marriage Dissolution Act of 1971, it is no longer necessary to prove that...
Florida Parenting Plan Florida Parenting Plan. In a Florida Dissolution of Marriage (Divorce) Proceeding, if the divorcing couple has minor children they must devise a "Parenting Plan”. What must be included within the plan? In a Florida Divorce proceeding, a parenting plan must (at the minimum) describe in...
What is a Parenting Plan? In a Florida Dissolution of Marriage (Divorce) Proceeding, if the divorcing couple has minor children they must devise a "Parenting Plan". Of course, the first question that I am usually asked after telling my client that we need to develop a "parenting...
For some reason, a common search term that people use to find this site is "What is Divorce". What is Divorce? It's a complicated question. There are some philosophic, esoteric ways to answer this, but it should be viewed simply as a process that two people go...