Resources for Family Law

A Parenting Plan is a written document that outlines how parents will share responsibilities for their child after separation or divorce. It typically addresses time-sharing schedules, decision-making authority, communication, transportation arrangements, and other matters affecting the child’s welfare. Florida courts generally require Parenting Plans in cases involving minor children.

Florida courts determine time-sharing based on the best interests of the child. There is no automatic preference for either parent. Courts evaluate the family’s circumstances and seek arrangements that support the child’s health, safety, stability, and ongoing relationship with both parents whenever appropriate.

Courts consider numerous factors, including each parent’s ability to meet the child’s needs, encourage a positive parent-child relationship, communicate with the other parent, provide a stable environment, and support the child’s educational, emotional, and developmental well-being. The child’s best interests remain the guiding consideration.

Yes. A Parenting Plan may be modified when there has been a substantial, material change in circumstances and the proposed modification serves the child’s best interests. Courts evaluate each request based on the specific facts presented.

A parent who does not comply with a Parenting Plan or time-sharing order may be subject to court enforcement proceedings. Depending on the circumstances, the court may order makeup time-sharing, require compliance with the existing order, award attorney’s fees, or impose other remedies authorized by Florida law.

Florida law recognizes limited circumstances in which grandparents may seek visitation rights. Whether visitation may be granted depends on the specific facts of the case and the applicable legal requirements. These matters are often highly fact-sensitive and evaluated on a case-by-case basis.

Holiday schedules, school breaks, summer vacation, and special occasions are typically addressed within the Parenting Plan. Parents may agree to a schedule, or the court may establish one when necessary. The goal is generally to provide predictability and clarity while serving the child’s best interests.

Yes. Florida law encourages parents to share parental responsibility whenever appropriate. Shared parental responsibility generally allows both parents to participate in major decisions involving the child’s education, healthcare, and other significant matters affecting the child’s welfare. In some situations, the court may grant one parent greater decision-making authority when circumstances warrant.

Equitable distribution is the process of dividing marital assets and liabilities during a divorce. Florida courts begin with the presumption that marital property and debts should be divided fairly, which is often, but not always, an equal division. Courts may consider various factors when determining what distribution is equitable.

No. Florida is an equitable distribution state, not a community property state. This means marital assets and debts are divided according to what the court determines is fair under the circumstances rather than automatically being divided equally.

The marital home may be sold and the proceeds divided, awarded to one spouse, or otherwise addressed as part of the overall equitable distribution of marital assets and liabilities. The outcome depends on factors such as ownership interests, financial circumstances, and whether minor children are involved.

Retirement accounts accumulated during the marriage may be considered marital assets subject to equitable distribution. Depending on the type of account and the circumstances of the case, a portion of the retirement benefits may be divided between the spouses.

A business interest may be subject to equitable distribution if it is determined to be a marital asset or if its value increased during the marriage under certain circumstances. Business valuation and division issues can be complex and often require careful financial analysis.

Marital debts, like marital assets, are subject to equitable distribution. The court considers the nature of the debt and the circumstances of the parties when determining how liabilities should be allocated between spouses.

Generally, assets acquired before the marriage, as well as certain inheritances, gifts, and other property specifically recognized by Florida law as nonmarital, may remain the separate property of one spouse. However, issues involving commingling or appreciation can affect classification.

Florida family law requires full and accurate financial disclosure. If a spouse conceals assets, the court may take appropriate action after the information is discovered. Hiding assets can affect the court’s decisions regarding equitable distribution and other financial issues in the case.

Yes. Florida courts may award alimony in certain cases when one spouse has a demonstrated need for support and the other spouse has the ability to pay. Alimony is not automatic and depends on the specific circumstances of each case.

When determining whether alimony is appropriate, Florida courts evaluate a variety of factors, including the length of the marriage, the parties’ financial resources, earning abilities, and the standard of living established during the marriage.

Courts may consider factors such as the duration of the marriage, each spouse’s income and earning capacity, age, health, financial resources, contributions to the marriage, and responsibilities involving minor children. The court reviews the unique facts of each case before making a determination.

Yes. In some circumstances, alimony may be modified when there has been a substantial change in circumstances after the entry of a court order. Whether a modification is appropriate depends on the specific facts of the case and the applicable law.

Yes. Certain events may support the reduction or termination of alimony, depending on the type of alimony awarded and the circumstances involved. The court must review the facts and applicable legal requirements before modifying or terminating an existing obligation.

When a party fails to comply with a court-ordered alimony obligation, the receiving party may seek enforcement through the court. Depending on the circumstances, the court may order payment of arrears and utilize other enforcement remedies authorized by Florida law.

Remarriage may affect certain alimony obligations depending on the type of alimony awarded and the language of the applicable court order. The impact of remarriage can vary based on the facts and legal issues involved.

Potentially. Florida courts may consider whether a supportive relationship exists when evaluating a request to reduce or terminate alimony. These situations are highly fact-specific and require a court’s review of the circumstances presented.

Florida uses statutory child support guidelines that consider factors such as each parent’s income, the number of children involved, healthcare costs, childcare expenses, and the amount of time each parent spends with the child. Courts use these guidelines as the starting point when determining support obligations.

In most cases, child support continues until a child reaches the age of 18. However, there are circumstances under Florida law where support may continue beyond age 18, such as when a child remains dependent due to certain qualifying conditions.

Yes. Child support may be modified when there has been a substantial change in circumstances, such as a significant change in income, time-sharing arrangements, or the needs of the child. Any modification generally requires court approval.

Child support calculations may take into account more than basic living expenses. Courts may also consider costs such as health insurance premiums, childcare expenses, and certain other child-related expenses authorized under Florida law.

The amount of time a child spends with each parent may affect the child support calculation. Florida’s guidelines take time-sharing arrangements into consideration when determining each parent’s financial responsibility for the child.

When child support is not paid as ordered, the receiving party may seek enforcement through the court. Florida law provides various enforcement tools, which may include income deduction orders and other legal remedies designed to encourage compliance with support obligations.

Yes. Florida courts generally address health insurance coverage for minor children as part of child support proceedings. The cost of providing health insurance may be factored into the overall child support calculation.

In certain circumstances, Florida courts may award retroactive child support. Whether retroactive support is appropriate depends on the specific facts of the case and the applicable provisions of Florida law.