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Child Support
The title, “Domestication of a Foreign Order”, implies the order needing domestication is from outside the United States. While this is true in some instances, the majority of orders in this category result from moving to another state outside the state where the order was adjudicated. We live in a mobile society. Many people move from...
Even in the best of circumstances surrounding the break-up of a family with minor children, meaningful and polite communication is often difficult to achieve.This is made even more difficult when one of the main reasons the marriage broke down was poor and sometimes volatile communication. While a judge can order reasonable communication it s...
Having one’s parents separate, whether from within a marriage or a living-together arrangement, can be, and often is, devastating for children of any age. It is particularly difficult for minor children or those with special needs who depend on parental support and care. In most states, there are guidelines and requirements for post-judgmen...
As was pointed out in Part One of this three part discussion on parenting after a divorce or relational break-up, that many states, Florida in particular, are firm advocates of both parents taking equal responsibility in the continued raising and nurturing of their children, biological and/or adopted. The term “In the best interest of the c...
The definition of co-parenting as defined in the online Your Dictionary “is a process where two parents work together to raise a child even though they are divorced or separated and no longer live together. An example of co-parenting is when a divorced mother and father share legal and physical custody of a child.” Couples who have never ...
Child support is mandatory in the state of Florida. It doesn’t matter if the parents of a minor child ever married or even lived together. “In the best interest of the child” is the standard for the Florida Statutes regarding the care and nurturing of minor children, and child support is an important part of being able to maintain that ...
Mandatory disclosure refers to the in-depth financial disclosure required by Florida law for most legal actions where monetary information is pertinent to the case or where there will be a monetary award as part of the final settlement, such as child support, alimony, and/or debt satisfaction. Both parties in the legal action must submit a ma...
No Duty To Pay For College, Car Etc. What does “duty” mean when it comes to paying for your children’s needs? First, let’s look at the legal definition for “duty”, the one found online at Black’s Law Dictionary: “In its use in Jurisprudence this word is the correlative of right. Thus, whenever there exists a right in any pe...
Before answering the question as to why choose a family law attorney vs. a general practice attorney it is important to understand the areas of law practiced by each. A Family Law Attorney practices in the areas of law dealing directly with issues involving families in civil court matters. These issues include child support and its arrears...
In the last 10 years, the use of social media worldwide has exploded. “There’s a whole generation of people for whom tweeting is as natural as breathing, for whom the word ‘friend’ has become a verb, and for whom Web 2.0 is the only media platform they know,” write authors Marisa A. Tradatti and Anna C. Horevay. Facebook now has ove...
For much of history, and indeed until the last forty or so years, the fate of a minor child, 18 being the age of emancipation, was totally in the hands of the parents or legal guardian. Minor children were “seen but not heard” and even in a courtroom setting decisions were made for them as to what was most convenient and in the best inter...
One of the most important and most difficult aspects of determining the final outcome of a dissolution of marriage (divorce) in the State of Florida is deciding on the income allotted to each spouse. This amount, will of course, determine how much spousal support (alimony) will be paid/received and, if minor children are involved, how much ch...
A Marital Settlement Agreement, as defined by Nolos Plain English Law Dictionary is “The document that sets out the terms of a divorce settlement between two spouses. The marital settlement agreement (MSA) is usually incorporated into the final judgment so that it has the force of a court order.” Areas covered in a MSA include division of...
In almost all instances, when a couple is going through a disillusion of marriage (divorce) probably the most contested and important item is the financial outcomes which will largely determine the future of each spouse. While it is true parental timesharing (custody), when there are minor children involved, probably ranks the highest concern...
Most frequently a forensic accountant’s role in a divorce (now termed dissolution of marriage) is in the courtroom as an expert witness. As an expert witness the forensic account is allowed to testify in his/her area of expertise even though never having, been witness to any occurrence relating to the lawsuit. The areas of expertise of a fo...
As each state has their own set of Family Law guidelines (statutes), for the purposes of this blog, guidelines for the state of Florida Child Support Laws, which include retroactive situations, will be used. In Florida Family law, the term “in the best interest of the child” is used frequently and in a sense becomes the goal or mission of...
First, let’s a look at the terms final judgment and child support: Final Judgment: This is the finished document signed by the presiding judge overseeing a couple’s dissolution of marriage. It will contain the ways in which each spouse will govern their obligations to each other and to their children (if there are any). Each case is di...
Divorce or the severing of a relationship where a child or children have resulted, is rarely easy or without dissension. One of the most frequently asked questions is how much Child Support Calculations will be awarded. This is a concern from both the standpoint of how much money one parent (this can be either the mother or the father and is ...
Parents are legally duty-bound to provide support for their children and it is considered the right of the child to be fed, clothed, and safely cared for in a nurturing environment. While this supportive care is not always a reality, when there is a divorce or dispute with children involved, the rationale of child support is to make sure that...
