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In Florida, three forms of alimony are available: bridge-the gap, rehabilitative, or duration alimony. A court determines whether or not to award alimony by determining whether the party seeking alimony has a need, and the paying spouse has the ability to pay. Bridge-the-Gap alimony is awarded to help a party transition from being married, to being single. It is specifically awarded to assist a party with legitimate, short-term needs. Bridge-the-Gap alimony may not exceed 2 years in length. Bridge-the-Gap alimony terminates upon the death of either party, or upon the remarriage of the receiving spouse. It is important to note…Read More

As of July 1, 2023, permanent alimony is no more in Florida after Governor Ron DeSantis signed SB1416 into law on June 30, 2023. Changes to the law governing alimony awards will apply to any final judgment entered on or after July 1, 2023 include: The elimination of permanent alimony, leaving only bridge-the-gap, rehabilitative, and durational forms of alimony. Rehabilitative alimony is limited to 5 years. Durational alimony may not be awarded for any marriages less than 3 years in length. An award of durational alimony is limited based on the length of the marriage,…Read More

Law Update: Greyson’s Law In May 2023, Florida Governor Ron DeSantis Signed Into Law A Bill Coined “Greyson’s Law”. Read On For More On “Greyson’s Law.” “Greyson’s Law” is a result of the tragic murder-suicide involving 4-year old Greyson Kessler and his Father, both residents of Broward County. Days before tragedy struck, Greyson’s Mother, Ali Kessler, had filed an emergency petition in Broward County outlining her fear of becoming a victim of domestic violence at the hand of Greyson’s father. Greyson’s father had, days prior, sent a number of disturbing and threatening communications to Ms.…Read More

A common scenario during the initiation of child support proceedings is as follows: My child’s Mother/Father quit their job, or switched from full-time employment to part-time employment. What happens to child support now? Fla. Stat. § 61.30(2)(b) provides that “monthly income shall be imputed to an unemployed or underemployed parent if the unemployment/underemployment is found by the court to be voluntary on the parent’s part, absent a finding of physical or mental incapacity or other circumstances over which the parent has no control. How Is Income Imputed? If the Court finds the parent is voluntarily unemployed or underemployed, the…Read More

For those going through family law cases involving minor children, usually there are two big questions; what will timesharing look like, and what is child support going to be? Before considering child support, it’s important to write out a Parenting Plan. A Parenting Plan is a document that outlines the relationship between the parents, and the minor child(ren). Elements of a Parenting Plan can differ family to family, including specifics about child(ren)’s education, health care, religion, etc. Who Creates A Parenting Plan? A Parenting Plan can be developed and agreed to by the parents through…Read More

If you have a pending Dissolution of Marriage case, or pending Paternity action, you’ve likely received an Order requiring that you attend a “Parent Education and Family Stabilization Course.” A large number of children going through the divorce or separation of their parents each year. Legal proceedings often cause conflicts between parents. Ultimately, children suffer from parental conflict. This could lead to short-term and/or long-term consequences. Therefore, to limit the potential for negative consequences, the courts require a Parent Education and Family Stabilization Course be taken by both parents to provide information to each parent…Read More

The Florida Department of Revenue (otherwise known as “DOR”) is authorized to administratively establish child support obligations. The DOR does not have the ability to determine issues related to a divorce, separation, alimony, spousal support, termination of parental rights, dependency, disputed paternity, or change of time-sharing. What does that mean? First, it’s important to note that the Florida Division of Administrative Hearings (DOAH) is not the same as the circuit court. These two court systems have concurrent jurisdiction. This means that both court systems may enter court orders related to child support at the same time if there is no existing court order of child support.…Read More

Prenuptial agreements are contracts entered into by parties in contemplation of marriage. Prenuptial agreements typically outline the rights and obligations of each spouse. Prenuptial agreements are governed by the law of contracts. For prenuptial agreements, the parties’ marriage is the only consideration required. If the parties execute a prenuptial agreement, and do not marry, then the prenuptial agreement is not valid. What Are Things That May Be Waived In A Prenuptial Agreement? Prenuptial agreements allow parties to waive certain rights and interests in the event of a divorce. For instance, alimony may be waived. Parties may include a provision in their…Read More

If you haven’t had a chance to read our prior post Mediation – What is That? stop here and take a moment to read prior to continuing here! There are two types of mediation – court-ordered mediation, and mediation by agreement of the parties. Typically, regardless if the mediation is court-ordered or by agreement of the parties, you will have a Supreme Court certified mediator nonetheless. Mediation can occur either in person, or virtually. The court may order in-person mediation. However, most mediations take place virtually, via Zoom. Many of my clients attend mediation from the comfort of their home. Statistically,…Read More

What Is Mediation? A mediation is not a court hearing, and Judge’s are not present at mediation. Mediation is an opportunity for the parties to sit (either in person or virtually) to discuss the issues surrounding their case. A mediator is a neutral third party. They have no interest in your case, they are simply there to try to help the parties reach a settlement! A mediator will not say who is right or wrong. They will not take sides. However, a mediator will work with the parties to understand the other side’s perspective. A mediator cannot force you…Read More