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Being served can be a scary feeling. Seeing your name on legal documents and reading “A lawsuit has been filed against you” just might be one of your Top 10 scary moments. Unfortunately, pretending you didn’t receive the papers served on you won’t make the case go away. What Happens If I Don’t Respond? If you’ve been served any documents, you have twenty calendar days to file responsive documents and serve them on the other side. Contrary to popular belief, twenty days does include weekends and holidays. If you fail to file or serve any documents within twenty days…Read More

The Courts find that it is in the best interests of minor children to have frequent and ongoing communication and contact with both of their parents. However, that doesn’t always mean that it’s in the children’s best interest to have equal timesharing with both parents, especially for school-aged children. *Enter The 60/40 Schedule* A 60/40 schedule works well for parents that still want to exercise substantial time with the child(ren), but aren’t able to figure out a 50/50 time sharing schedule with fewer exchanges. Perhaps alternating weeks is too long to be away, and all other options lead…Read More

Divorce, separation, and/or a breakup is hard enough on parties emotionally, mentally, and physically, but when you throw children into the mix, it only gets more complicated. A big issue to tackle during any Divorce or Child Custody/Support matters is time-sharing. The Florida Courts utilize the word time-sharing, instead of using “custody.” However, time-sharing is the amount of time that the child, or children, are spending with each parent. Recently, there has been a push towards normalizing parents sharing 50/50 time-sharing with their children. In fact, there has been a trend towards creating a rebuttable presumption that 50/50 time-sharing is in…Read More

Florida Family Law Rule of Procedure 12.285, Mandatory Disclosure, establishes all of the financial documents that must be provided to the other side/the other sides attorney in initial and supplemental family law cases. Why Are These Documents Required? Mandatory Disclosure requires parties to disclose certain financial information and documents to the other side in order to paint a clear and accurate picture of each party’s finances. This disclosure can either aid the parties in reaching a fair agreement, or assist a judge in dividing assets between the two parties fairly and equitably. What Documents Are…Read More

If You Have A Timesharing Agreement For Your Child(ren), Put It In Writing, And File It With The Court! In 2020, over 47% of all births in the State of Florida were children born to unwed Mothers. Why is this important? Florida Statutes have not caught up with the realities of our modern day society – more children are born to parents who are unwed. Pursuant to § 744.301(1) Florida Statutes, a mother of a child born out of wedlock is the natural guardian of the child and is entitled to primary residential care and custody of the child unless the Court…Read More

On August 25, 2022, the Florida Supreme Court amended Florida Rule of Civil Procedure 1.530 and Florida Family Law Rule of Procedure 12.530. The Supreme Court of Florida finds that filing a Motion for Rehearing is required to preserve an objection to insufficient trial court findings in a final judgment. Supreme Court of Florida No. SC22-756 IN RE: AMENDMENTS TO FLORIDA RULE OF CIVIL PROCEDURE 1.530 AND FLORIDA FAMILY LAW RULE OF PROCEDURE 12.530 What Is A Motion For Rehearing? Fla. Fam. Law. R. P. 12.530 A Motion for Rehearing is a Motion filed by…Read More

Equitable Distribution is the “formal” term to describe the process of dividing marital and non-marital assets and liabilities (debts) of the parties. The Court strives to create an equal distribution between the parties, unless there is a justification for an unequal distribution. What Would Justify An Unequal Distribution Of Assets And Liabilities? In awarding an unequal distribution of assets and liabilities, the Court considers the following: What did each party contribute to their union? Is either party a stay-at-home dad or stay-at-home mom? What are the economic circumstances of these parties? What are the respective salaries…Read More

In the State of Florida, each parent has a fundamental obligation to support his or her child, whether their child is a minor or a legally dependent child. Fla. Stat. §61.29. This child support obligation is impose by the state not one parent to the other. Fla. Stat §61.30 – Child Support Guidelines Child Support Guidelines is the starting point used to determine a child support award. The following are amounts used when calculating Child Support Guidelines: Gross Income Gross income for child support purposes includes: one’s salary/wages, bonuses, commissions, allowances, overtime, and tips, business income from self-employment, partnership,…Read More

Consider the Best Interest(s) of the Child(ren): When establishing or modifying parental responsibility and/or a parenting plan, including a timesharing schedule, the best interest of the child remains the primary consideration. A presumption that an established timesharing schedule is in the best interest of the child(ren) is created when ratified by the Court. In order to modify that which is already in existence, there must be a showing of substantial, material, and unanticipated change in circumstances and a determination that the modification is in the best interest of the child(ren). This is an extraordinary burden to meet. What Does Not Constitute A Substantial Change In Circumstances? The…Read More

Florida Statute Section 61.08 Since 1980, Section 61.08 Florida Statutes has provided the statutory authority for a court to award a spouse alimony in a divorce proceeding. Most recently amended in 2012, Florida’s alimony laws provide five distinct forms of alimony that may be awarded. The Statute additionally provides specific language identifying appropriate alimony remedies. Today, (03.22.2022) the types of alimony available are temporary, bridge-the-gap, rehabilitative, durational, and permanent. Alimony awards can be paid periodically, as a lump sum payment, or both. How Will The Court Determine My Eligibility For Alimony? Section 61.08(2) Florida Statutes instructs Courts to a multi-step analysis in determining whether…Read More