Articles Posted in Family Law

In Florida family law proceedings, financial support obligations, such as alimony and child support, often depend on each party’s income and earning potential. However, disputes frequently arise when one party is unemployed or underemployed, either voluntarily or in bad faith. To address this issue, courts may rely on occupational evaluations to determine a party’s true…

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 Divorce and family law cases often take months or even years to reach a final resolution. During this time, one spouse or parent may need temporary financial support, child custody arrangements, or exclusive use of the marital homewhile the case is pending. Florida law allows parties to request temporary relief through a temporary needs hearing, ensuring that immediate…

Introduction Divorce can be a complex and emotionally taxing process, but Florida law provides an easier and faster option for certain couples through a simplified dissolution of marriage. This streamlined procedure allows spouses to end their marriage without extensive litigation, provided they meet specific eligibility requirements. This guide explains the simplified dissolution of marriage process in Florida, including eligibility…

Introduction In Florida family law cases, both parties are required to disclose their financial information to ensure fair and equitable decisions regarding child support, alimony, and property division. Florida Family Law Rule of Procedure 12.285mandates these mandatory financial disclosures, which provide transparency in divorce, paternity, and other financial-related family law matters. Failing to comply with Rule 12.285 can lead to sanctions, court-imposed…

Introduction When a parent wants to move with their child after a divorce or custody ruling, they must comply with Florida’s parental relocation laws. Moving a significant distance can impact time-sharing arrangements, parental rights, and the child’s well-being. To prevent one parent from unilaterally relocating a child without the other parent’s consent, Florida law provides clear…

Introduction The hearsay rule is a fundamental principle in Florida law that restricts the use of secondhand statements as evidence in court. In family law cases, hearsay issues frequently arise in matters involving child custody, domestic violence, and child abuse allegations. While hearsay is generally inadmissible, there are several exceptions that allow certain out-of-court statements to be used in…