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...
Florida child primary residence determinations are governed by statutory best interest standards, judicial interpretation, and evolving time sharing principles under Florida law. In Miami and throughout the State of Florida, courts no longer use traditional custody labels but instead analyze parental responsibility and time sharing...
Gender Preference in Florida Child Custody Law is a recurring question in divorce and paternity litigation throughout Miami-Dade County and across Florida. Parents often ask whether mothers are favored over fathers in timesharing determinations, or whether courts still apply the historic tender years doctrine. Under...
Marital vs Non-Marital Assets Florida Divorce is one of the most important legal distinctions in any dissolution of marriage case in Miami and throughout Florida. The classification of property as marital or non marital directly determines what is subject to equitable distribution under Fla Stat...
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...
57.105 Motion for Sanctions Florida Family Law is a powerful statutory mechanism under Fla. Stat. § 57.105 that allows a Florida court to award attorney’s fees against a party or attorney who asserts claims or defenses not supported by material facts or existing law. In...
Attorney Fees in Florida Divorce Cases are governed primarily by section 61.16 of the Florida Statutes and interpreted through decades of Florida Supreme Court and District Court of Appeal decisions. In Miami and throughout Florida, courts apply principles of equity to determine whether one spouse...