Under Florida Statute 61.13, a court may modify a parenting plan or time-sharing schedule only if the moving party proves a substantial, material, and unanticipated change in circumstances since the last order and demonstrates that the requested modification is in the child’s best interests. This...
Failure to Schedule Hearing in Florida Family Court is a serious procedural issue that can delay divorce, child custody, alimony, and enforcement proceedings. When the other side refuses to cooperate with hearing coordination in Miami-Dade County family court, the delay can create financial harm and...
Whether evidence is "Admissible evidence" in family law matters is governed primarily by the Florida Evidence Code and related case law that defines what a judge may consider when deciding issues such as child custody, alimony, equitable distribution, and child support. Understanding admissible evidence Florida...
How far behind on child support before jail in Miami? It's a common question that we receive. In Florida, there is no specific dollar amount or number of missed payments that automatically results in incarceration. A Miami family court may order jail only after finding...
What Constitutes Sufficient Financial Disclosure for a Florida Prenuptial Agreement? Financial disclosure for a Florida prenuptial agreement is legally sufficient under section 61.079, Florida Statutes, when the agreement is not unconscionable and the challenging party either received fair and reasonable disclosure, expressly waived disclosure in writing,...
Divorce without a lawyer in Florida is legally possible, but it requires strict compliance with Florida procedural rules and financial disclosure obligations. In Miami and throughout Florida, individuals may file for dissolution of marriage without hiring an attorney, often referred to as proceeding pro se....
Self employment income issues present unique financial and evidentiary challenges in family law litigation. When one spouse operates a business, owns a professional practice, or earns income through independent contracting, the court must determine the spouse’s true economic income in order to calculate child support,...
Proving parental alienation in Florida court requires a careful combination of legal strategy, credible evidence, and a clear understanding of Florida family law. When one parent intentionally undermines the child’s relationship with the other parent, courts may consider that conduct when determining or modifying parental...
A Florida spousal support waiver in a prenuptial agreement is enforceable if it was executed voluntarily, with fair financial disclosure, and without fraud, duress, coercion, or overreaching under section 61.079, Florida Statutes. However, courts will invalidate or limit a Florida spousal support waiver if enforcement...