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Tag: child-support

  • Mental-Health Issues in Florida Family Law, Part 2

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    In the second part of this series, we are discussing whether a person’s mental health issues are relevant to a family law case. In simple terms, this means that if a person’s mental health affects their ability to earn money or take care of a child, it may be important in a family law case.…

  • Domestic Relations Obligations: Dischargeable or Not in Bankruptcy?

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    This article explains how bankruptcy law and state laws determine whether family court obligations can be discharged in bankruptcy. The bankruptcy court looks at the U.S. Bankruptcy Code and relevant state laws to make this determination. There are two main sections of the Bankruptcy Code that deal with matrimonial debt, and they were changed in…

  • Putting the Brakes on Litigation: Stays Pending Review

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    If you want to appeal a court decision, you may need to ask the court to put a “stay” on the decision so that it doesn’t take effect while you appeal. This is important because if things keep moving forward while you’re trying to appeal, it could make the appeal pointless. In Florida, there are…

  • We’re Back: The Appellate Court Said You Didn’t Find Anything

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    Trial attorneys work hard to prevent appeals in divorce cases, as they can be emotionally and financially draining. One common reason for appeals is the lack of detailed findings in the final judgment. The court has emphasized the importance of paying close attention to the details in divorce cases to avoid unnecessary appeals and expenses.…

  • Too Little, Too Late? Trial Court Motions for Rehearing and Their Appellate Implications

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    The rule for asking for a rehearing in a Florida court can be tricky. You can bring up new things in a rehearing, but it’s not always guaranteed that they will be considered. It also depends on your specific case and which court it will be appealed to. Over time, there have been conflicts in…

  • The 2003 Amendments to the Florida APA

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    A new law in Florida, CS/CS/SB 1584, was passed to make administrative hearings faster and address recent court decisions. It doesn’t change who can request a hearing, but it does clarify the reasons for challenging rules. This is similar to past bills but with some changes. In simple terms, a new bill is changing the…

  • Field Notes on the Establishment of Administrative Child Support

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    In simple terms, just like Tolstoy said all happy families are the same, but each unhappy family is unhappy in its own way, the same can be said for child support cases. There are a lot of different opinions and disagreements when it comes to child support. In Florida, parents can go to court or…

  • DOAH: Bringing Impartiality and Fairness to Administrative Litigation Since 1975

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    DOAH was created in 1975 to settle disputes between Florida state agencies and the people they regulate. It was formed because there was a lot of distrust of executive power in Florida and agencies often acted without published policies. This led to inconsistency and made it difficult for people to challenge agency decisions. DOAH was…

  • How do you deal with a situation where the non-custodial parent possesses the finances to make child support payments but still refuses to do so?

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    What happens when the non-custodial parent has money to pay child support but still will not pay? What happens if there is a failure to pay child support in Florida? Testimonials from other individuals who have faced a similar challenge shed light on potential courses of action. If a parent ordered to pay child support…

  • What if I require child support during the divorce proceedings in Florida?

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    If you have initiated a legal action for the termination of marriage and you require child support, you must submit a request for interim child support. This grants the court the power to issue a child support order while the termination of marriage action is ongoing.

  • How can child support be modified in the state of Florida?

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    Child Support can be modified through a supplemental petition for modification of child support. In order to be eligible for a modification in the child support amount, an individual would have to demonstrate that there has been an unforeseen significant and substantial change since the previous order was issued. This implies that either expenses have…

  • What is the obligation of a parent to financially support their child?

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    Child support is the responsibility of a parent to provide financial assistance for their child. Factors taken into account when determining child support include the parent’s total and income after taxes, costs like child care expenses, and any special requirements the child may have. Additionally, the custody arrangement between the parents is also considered.

  • What does Mandatory Disclosure entail in a divorce case in Florida?

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    In Florida, as part of the Discovery procedure, there is a requirement called Mandatory Disclosure. This rule necessitates the exchange of specific documents between the parties involved so that each spouse can have complete knowledge of the other spouse’s financial situation. Mandatory Disclosure is applicable in any case seeking permanent financial relief, such as child…

  • What Do I Say to the Court?

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    The Court may inquire about the contents of your petition and seek clarification. The Court will make a decision on whether to grant a temporary order based on the information provided in your petition and your responses. Inform the Court if you wish to have the opposing party excluded or if you require temporary child…

  • How is Child Support/ Alimony Enforced?

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    How are child support payments paid? In cases where a person is not paying Court Ordered support, the individual entitled to receive the support (the “obligee”) can initiate legal action by filing a motion for contempt. The person who intentionally ignores a court order is liable to be imprisoned. Enforcing a child support order in…

  • What changes are occurring in family law, especially regarding divorce and custody?

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    What areas fall under the practice of family law? What areas are covered in the field of family law? What aspects are covered by family law? Marriage, legitimacy, adoption, child abuse, divorce, annulment, property division, alimony, parental responsibility, child custody and visitation, are some of the areas. In the past, legal firms and attorneys were…

  • How is the amount of child support determined in the state of Florida?

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    How will my child support obligation be determined? How is child support/ Alimony determined? How Much Child Support Will I Receive? The courts in State X will review the financial records of both parents and the needs of the child, including their healthcare and schooling, before determining how much child support will be awarded. The…

  • Why would I be compelled to submit Chapter 11 bankruptcy rather than Chapter 13?

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    What is the distinction between Chapter 7 and Chapter 13 Bankruptcy? If you are incapable of fulfilling the means test and are ineligible for Chapter 7 bankruptcy, you might be eligible for Chapter 13 bankruptcy. However, Chapter 13 bankruptcy imposes debt limitations, so you will have to assess your debts and assets. If your unsecured…

  • What are the exceptions to the means test for Chapter 7 bankruptcy?

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    When is it advantageous to file Chapter 7 bankruptcy? What does Chapter 7 Bankruptcy entail? Due to the nature of Chapter 7 as a liquidation bankruptcy, it necessitates the sale of your assets to repay your debts. If you possess no assets other than those that are exempt, filing Chapter 7 might prove advantageous. To…

  • What is Covered by Child Support?

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    What does child support entail? The role of a parent is widely recognized as both challenging and fulfilling. In cases of divorce or separation, parenting responsibilities are divided. Often, one parent is granted a significant amount of parenting time (or custody) while the other parent is not. In such instances, it is obligatory for the…

  • What if I require financial assistance?

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    The legal system does have different criteria for determining financial support, commonly referred to as spousal maintenance. Moreover, there are specific guidelines for child support too. Once again, each situation is unique, and the specific types of spousal maintenance that can be awarded will be determined by the family’s needs and the party’s capacity to…

  • What is typically resolved in a separation agreement?

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    Answer: Essentially, every aspect except the divorce proceedings themselves. Nevertheless, it is important to recognize that the answer is not always straightforward, as the law is rarely clear-cut. A separation agreement, which is a legally binding contract between the parties involved, aims to address and resolve all matters pertaining to the marriage. These matters include…

  • How can I legally avoid paying child support in Florida?

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    First, all child support in Florida must be calculated according the child support guidelines. So to legally avoid paying child support, you need to manipulate the factors used in the calculation in order to produce a child support amount that is as close as possible to zero. In my experience, judges will allow you to…

  • What is a dispute that falls under Florida collaborative family law?

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    A Florida collaborative family matter is a disagreement, a deal, a demand, a complication, or a concern that needs to be resolved. The matter is outlined in a participation agreement for collaborative law and stems from chapter 61 or chapter 742 of the Florida Statutes. Collaborative family law matters encompass union, separation, distribution of marital…