Articles Posted in Family Law Attorney

In Florida family law proceedings, the mental health of a parent or party can be a critical factor in determining child custody, parental responsibilities, and timesharing arrangements. When a party’s mental stability is in question, the court may order a compulsory mental health evaluation to assess their psychological condition and its potential impact on the…

Introduction In Florida family law cases, child support and alimony awards are based on each party’s actual income. However, some individuals may underreport their earnings or intentionally remain unemployed or underemployed to avoid financial obligations. When this occurs, the court may impute income—assigning an income level to a parent or spouse based on what they…

Introduction The Fifth District Court of Appeal of Florida recently issued a ruling in Juan Ulises Ramirez v. Tiffany R. Gregory, a paternity case involving disputes over time-sharing, child support, and health insurance costs. While the appellate court affirmed most of the trial court’s rulings, it found that the award of retroactive child support was improper, because the issue was neither…

Introduction In Florida, a divorce proceeding typically focuses on equitable distribution of assets, alimony, child custody, and support. However, when one spouse commits a wrongful act—such as battery, intentional infliction of emotional distress, or economic fraud—the injured spouse may also have the right to file a civil tort claim within the same dissolution of marriage case. Bringing an interspousal tort claim as…

Introduction Legal representation is crucial in Florida family law cases, but the cost of hiring an attorney can be significant. Recognizing that financial disparities often exist between spouses or parents, Florida law allows courts to award attorney’s fees to one party in certain situations. These awards are designed to ensure that both parties have equal access to legal…

Introduction Child support ensures that both parents contribute to the financial needs of their child after a separation or divorce. In Florida, child support is calculated using a formula based on the Florida Child Support Guidelines, which take into account each parent’s income, time-sharing arrangement, and other relevant factors. Courts use this standardized approach to ensure…

Introduction When parents separate or divorce in Florida, they must create a parenting plan that details how they will share responsibilities for their child’s upbringing. If parents cannot agree on a plan, the court will establish one based on the child’s best interests. Florida law provides specific criteria under Florida Statute § 61.13(3) that courts must consider when determining time-sharing,…

Introduction In Florida family law cases, court orders must be followed, whether they relate to child support, time-sharing, alimony, or other legal obligations. When a person willfully violates a court order, they may be held in contempt of court. While some violations result in civil contempt, others can escalate to criminal contempt, which carries more severe penalties, including fines and…

Introduction Parental alienation occurs when one parent attempts to manipulate or influence a child into rejecting the other parent, often through negative comments, false accusations, or limiting contact. Florida courts take parental alienation seriously because it can damage the child’s emotional well-being and disrupt their relationship with both parents. This guide explains how Florida courts…

Introduction While marriage provides legal rights and protections for couples, some individuals in long-term relationships choose not to marry. Domestic partnerships offer a way for unmarried couples to secure legal benefits similar to those of married spouses. However, Florida law does not recognize domestic partnerships at the state level, which can create legal challenges regarding…