In divorce matters involving children, the courts will generally issue orders establishing the parties’ timesharing and parental responsibility rights. In doing so, the courts’ sole concern is what is in the best interest of the divorcing couples’ children. As such, custody orders are not easily disturbed, and a parent typically…
Fort Lauderdale Divorce Lawyer Blog
Florida Court Explains Grounds for Extending Child Support Obligations
Typically, when a party is ordered to pay child support, the obligation lasts until the child receiving the support turns eighteen. In some instances, however, the obligation can extend past the age of majority. Recently, a Florida court discussed the grounds for extending a support obligation in a case in…
Court Discusses Statute of Limitations for Enforcing Florida Marital Settlement Agreements
It is not uncommon in divorce actions for the parties to develop a marital settlement agreement, which is essentially a contract that sets forth their rights and obligations, or for the court to incorporate the agreement into the final judgment that dissolves the marriage. If a party refuses to comply…
Florida Court Assesses Magistrate Authority in Divorce Cases
It is not uncommon for family court hearings to be conducted in front of a magistrate judge in Florida. If parties do not agree with the recommendations set forth in the magistrate’s report they can file exceptions, but in many cases, the magistrate’s recommendations will be adopted regardless. This was…
Florida Court Discusses Factors Considered in Termination of Parental Rights Hearings
The Florida courts typically strive to protect the parent-child relationship, and will generally attempt to keep the relationship intact. The courts’ main directive in any custody case is determining an outcome that is in the best interest of the child involved, however, and if it requires terminating parental rights, it…
Florida Court Discusses Technological Problems in the Context of Family Law Cases
The spread of COVID-19 altered the landscape of family law hearings. Specifically, many hearings are held remotely, and the parties use platforms like Zoom to participate. While remote hearings provide a safe and convenient means for courts to resolve issues, technological problems can inadvertently impair people’s rights. This was demonstrated…
Florida Court Discusses Imputed Income and Child Support
Florida law imposes an obligation on all parents to provide financial support for their children. As such, when parents share custody of a child, the courts will frequently order one parent to pay the other parent child support. Generally, child support is based on the income of each parent. If…
Florida Court Discusses Third-Party Rights in Divorce Proceedings
Typically, divorce actions and equitable distribution claims only involve two people. In some cases, though, other parties will have an interest in assets that may be subject to equitable distribution and therefore may intervene in dissolution proceedings. Recently, a Florida court evaluated a third party’s right to challenge a ruling…
Court Examines Determinations of Income in Florida Child Support Cases
Under Florida law, all parents have an obligation to financially support their minor children. Thus, in many cases in which parents share custody of a child, the courts will find it appropriate to order one parent to pay the other child support. Child support obligations are calculated, in part, based…
Florida Court Examines Appellate Review of Decisions Terminating Parental Rights
The Florida courts generally aim to preserve the relationship between parents and their children. A court’s primary interest in any action involving a child, however, is what is in the child’s best interest. As such, if a court determines that terminating a parent’s rights will benefit a child, that decision…