Withholding or deserting support from a spouse has been made a felony of the third degree by Florida’s statute. However, the sheer act of physical separation without the element of withholding support will not constitute the offense. There must be an act of abandonment along with a refusal or neglect to maintain and provide for the spouse without just cause. One who has been found to have willfully failed in providing support which he or she has the ability to provide and who knows that he or she is legally obligated to support…continue reading →
A new custody law is currently making its way through legislature and potentially will substantially change the way time-sharing is structured. Florida’s Senate approved the new time-sharing bill 668 on March 8, 2016. If this bill is eventually passed, it would require courts that are establishing an initial parenting plan to start with equal time with the child for each parent. In essence, equal custody/joint custody as many of you understand it to be. Deviation from this 50/50 requirement can be done only if factors outlined in section 3 of Florida Statue 61.13…continue reading →
Florida does not allow for a parent to waive or contract away his or her right to receive child support. Child support is for the benefit of the child. Provisions relieving parents of their duty to support their child entirely or permanently is against public policy. A final judgement will not be awarded if there is no provisions regarding child support. Each parent has a fundamental obligation to provide support to his or her child. The obligation to not waive or contract away their child’s right to support does not preclude parents from…continue reading →
Unfortunately, the answer to this is no. Your files are considered to be public records and will be made available. If a member of the public wishes to obtain your files, they can. However, there are instances in which certain information can be redacted. One has to file a notice of confidential information within a court filing form in order to do so. This requires the filer to identify, for the Clerk, any confidential information and state where in the document the information is located. Examples of what can be redacted includes, but is…continue reading →
To modify a final judgement providing for custody, the moving parent must show that the best interest of the child will be supported by the modification. When determining the best interests of the child, a court will evaluate all of the factors affecting the welfare and interests of the child and the circumstances of that family, including, but not limited to: the demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required. the…continue reading →
The right to custody of a child may be removed when it has been found that a parent is unfit to be the child’s custodian. When determining the fitness of a parent, the court will consider several factors, including: a parent’s moral unfitness, where it has a direct impact on the child’s welfare; his or her irresponsibility as a parent, especially if the irresponsibility is a pattern; a parent’s mental and emotional health; a parent’s alcohol or drug abuse; and the adultery or marital misconduct of the parent, where it has been shown…continue reading →
When we speak to uncovered medical expenses, we are referring to those medical bills which a child’s health insurance does not cover. This can be either the deductible, co-payments, etc. Parents often come to an agreement regarding who will be responsible for uncovered medical expenses. Many times such expenses are equally split between the two. However, what happens when an agreement cannot be reached? Florida statute § 61.30(8) provides that these expenses can be added to the basic child support obligation of the parents. Any uncovered medical, dental, and prescription medication expenses of…continue reading →
Establishing paternity is the most important step in protecting a parent’s right to visitation, custody, and support. The first thing that is required, when one wishes to determine paternity, is the establishment of legal standing. Legal standing refers to who is eligible to file and be the petitioning party to the paternity suit. Florida statute § 742.011 provides a list of three individuals who are empowered with standing: Any woman who is pregnant or has a child; Any man who has reason to believe that he is the father of a child; or…continue reading →
The court’s standard of what is in the best interest of the child takes into account a number of factors when determining child custody. With that, the preference of the child will be considered if the child is of sufficient age and has the intelligence to express his or her preference. The child must have the maturity that will allow him or her to make a reasonable choice between competing parents and be of ample understanding and experience to express such a preference. The court must also determine whether the child’s preference is…continue reading →
The husband, Howard Elias, appealed an order on temporary child support in his pending divorce proceeding. The trial court concluded that neither party was required to pay child support to the other. The trial court found that the wife’s one million dollar plus annual income was more than enough to provide for the children’s needs. The court treated any expenses, by the husband, towards the children as incidental. Over the husband’s objection, the trial court declined to apply the child support guidelines. However, the appellate court found this ruling to be in error.…continue reading →
