Under Florida law, courts may enforce alimony provisions from out-of-state divorce agreements but are limited in their authority to modify these obligations. This was illustrated in a recent case in which a Florida court reviewed a trial court’s ruling involving alimony credits from Social Security payments and clarified that an…
Fort Lauderdale Divorce Lawyer Blog
Florida Court Discusses Modifications of Marital Settlement Agreements.
Although Florida law anticipates that parents will provide financial support for their children, the obligation to do so typically ends when the children reach the age of majority. Parties are free to enter into agreements that enlarge their responsibilities, however, and dictate that they will provide support for education or…
Imputed Income in Child Support Actions Explained by Florida Court
Under Florida law, parents are expected to provide financial support for their children. As such, it is not uncommon for one parent to seek child support from their co-parent. When determining an appropriate support obligation in child support cases, the courts will look at, among other things, the party’s income.…
Court Discusses Emergency Orders in Florida Custody Cases
In Florida, the court’s main focus in custody proceedings is what is in the child’s best interest. In some instances, acting in the best interest of a child requires a court to issue temporary orders in response to exigent circumstances. The courts cannot lawfully do so without certain findings, though,…
Maryland Court Discusses the Right to Pursue an Appeal in a Divorce Action
In Florida, people who wish to end their marriage must abide by specific procedural rules when filing their petition for dissolution. Additionally, spouses responding to such petitions are bound by procedural rules as well. If a responding party declines to abide by such rules and fails to file an answer,…
Florida Court Discusses Relocation of Children in Custody Actions
Generally, in Florida custody cases in which both parents have parental rights, the courts will preclude either party from independently relocating a child without their co-parent’s permission or leave of court. As such, if a party does so, a court may order them to return the child in question to…
Florida Court Discusses Classification of Assets in Divorce Actions
It is well established under Florida law that, absent a prenuptial or postnuptial agreement, marital assets are subject to equitable distribution in divorce actions, while separate assets are not. It is not uncommon for a court to mischaracterize an asset, however, and order a separate asset to be divided among…
Florida Court Discusses Evidence Supporting a Dependency Adjudication
Florida family law courts handling cases involving minor children aim to rule in the children’s best interest. Unfortunately, in some instances, doing so requires the courts to declare a child dependent due to the parent’s inability to provide them with proper care. The Department of Children and Families must produce…
Court Discusses Net Versus Gross Income in Florida Divorce Actions
In many Florida divorce actions, one party will seek alimony from the other. In determining whether to grant alimony requests, among other things, the courts will evaluate both parties’ income. Additionally, if one party is not employed, the courts may impute income to them. Regardless of whether a court assessment…
Florida Court Explains Evidence that Warrants a Modification of a Parenting Plan
When determining parental rights in Florida custody cases, the court’s sole focus is what is in the child’s best interest. The Florida courts recognize, though, that circumstances can change, and if they do, it may also alter what is considered to be in a child’s best interest. In a recent…