Florida provides five types of alimony: Temporary, Bridge-the-Gap, Rehabilitative, Durational or Permanent.
TEMPORARY ALIMONY:
Temporary support is available to sustain a spouse during ongoing divorce proceedings.
Temporary support is available to sustain a spouse during ongoing divorce proceedings.
If a mother is married, the mother’s husband at birth is the legal father of the child.
If the mother is unmarried when the child is born, but later marries the child’s father, the husband becomes the legal father.
But if the child is like 40% of the babies born in Florida to unmarried mothers, they do not have a legal father until their father establishes paternity.
A common misconception is that if the father’s name is on the birth certificate, he has legal status as the father. Even if a father signs a child’s birth certificate, he will still need to establish paternity through an order of the court. This court order will grant him parental rights, such as time-sharing (formerly called visitation or custody).
A paternity determination can be obtained by Petition (a request filed with the court) by either the father or the mother. The mother must file for a determination of paternity in order to obtain child support from the biological father. A paternity petition must be filed by the biological father to give the father parental rights, including time-sharing (formerly called visitation or custody) with the child.
When either party contests Paternity, (claiming that the assumed father is not the biological father), the court may require the child, mother, and alleged father to submit to certain tests. The test results are admissible in evidence and will be weighed along with other evidence of the paternity of the alleged father. If the genetic testing shows a statistical probability of paternity equals or exceeds 95%, there is a presumption of paternity. Currently, genetic testing is generally more than 99% accurate.
If paternity is established in a court proceeding, the court may award retroactive child support for a period up to 24 months from the date the paternity action was filed.
Children deserve to have a legal father. Fathers have the right to experience the joys (and sometimes heartache) of being a parent. Moreover, parents have a moral and legal obligation to support their biological children.
Unmarried biological parents are recommended to move quickly to establish paternity for the sake of their children.
Hoffman, Larin & Agnetti, PA has been helping South Florida’s families for over 35 years. Call us at 305-653-5555 or email us at [email protected] for a FREE consultation with one of our experienced Family Law Attorneys.
Both parties are legally obligated to follow the executed parenting agreement as written. If one party wants to make changes, they need to get the court to issue a Modification Order. Unfortunately, it’s not uncommon for one parent to choose to ignore what they don’t like. If one parent denies the other their scheduled visitation or refuses to cooperate with the parenting agreement, the other parent can take the following actions to protect their family’s best interests.
To back up your claim that the parenting plan has been violated, start gathering evidence by documenting each issue that arises. Keep detailed records, including the time the other parent drops off and picks up the children, whether they were on time, late, or didn’t show up, and any other violations of the agreement. Most parents use either a journal, diary, or calendar to keep track of their notes. You should also save text messages, voicemails, audio recordings, and video evidence that can help establish violations of the parenting agreement.
Before turning to the court, call out the other parent’s behavior and the specific times they violated the terms of the custody agreement. Remind them that if they continue to break the agreement, you will be forced to have an attorney intervene on your behalf. You can also ask your attorney to send a letter to the other parent’s attorney explaining that they aren’t following the parenting plan. By confronting the other parent and discussing the issue, you can determine whether or not their behavior was intentional. It also demonstrates that you are willing to enforce the legal provisions of the custody agreement.
If the direct approach doesn’t work, your attorney will need to file a motion for contempt with the court. This will force the other parent to appear in court and explain to the judge why they have chosen to defy their agreement. Before you file the motion for contempt, make sure you have the documentation to back up your claim.
Hoffman, Larin & Agnetti have been representing Family Law clients throughout Broward, Dade and Monroe counties for over 35 years. Our Family Law attorneys can help you with Divorce, Pre-Nuptial Agreements, Custody and Parenting Plans, Domestic Violence and all areas of Family Law.
Call us for your FREE consultation at 305-653-5555 or complete our form at www.hlalaw.com
UPDATE 1/18/22:
Read more here
1/10/22:
For many families, a pet is considered another member of the family (sometimes the most loved part of their family).
So it’s no surprise that custody of a pet can become contentious.
So who does get Fido?
Although you and your soon-to-be-ex may view your pet as a member of the family, Florida’s divorce laws do not. Florida courts treat pets as marital property, not family members.
And as property, your cherished pet will be part of the equitable distribution along with your furniture, coin collection, or other assets.
Your pet is considered personal property, which means pet custody, timesharing, and visitation are not concepts open for discussion. This means your pet’s future will be determined as part of the equitable distribution of assets. The court will determine if the pet is a marital or nonmarital asset, who takes care of the pet and often, the judge will award it to the parent who has physical custody of the children.
If the pet was acquired before the marriage, it is considered a non-marital asset. The person who brought it into the marriage keeps it after the divorce.
If the pet was acquired during the marriage, it is considered a marital asset and will be treated as property. One party will get custody and there are no visitation mandates under Florida law.
Instead of allowing the court to determine which spouse gets to keep the pet, you could negotiate a shared pet custody schedule. That way your pet will not be treated as property in court and both spouses can divide spending time with it. You can discuss pet custody in negotiations, mediation, and/or the collaborative divorce process.
Do you need an attorney to handle your divorce? Not necessarily. Martin L. Hoffman, Esq. shares when to go it alone and when to retain an attorney here.
What to look for in a family law attorney? Many attorneys advertise that they take an aggressive approach; some talk about collaboration.
It is the experienced attorney who knows what approach will produce the optimal outcome for their client.
Why Hoffman, Larin and Agnetti? 35 years of Family Law experience but let our clients tell you.
8.16.22 Update: This post focused on the soon-be-divorced. But these tips are just as relevant for the already divorced, especially when there are children involved. People have a false sense of security thinking that what they post, tweet, pin or tok is really private. It’s not. One family found their family photo being used in an ad in the Czech Republic. Divorced parents raising children is a continuous series of negotiations and compromises. Read the DO NOT at the bottom..these are good rules to help keep the peace.
A client read our post “BEEN INJURED? 5 RULES ABOUT POSTING ON SOCIAL MEDIA” and asked ” Do these rules matter in my divorce?
Yes.
According to the American Academy of Matrimonial Lawyers, 81% of divorce attorneys say they’ve seen an uptick in the number of recent cases where social media evidence was used.
You’re in the middle of your divorce and it’s natural to reach out to your friends and family online for comfort and sympathy. But do you know who else is scouring your social media sites (which are never really private)? Your soon-to-be-ex and their lawyers! And every post, tweet, snap, etc you post during this process can be used in a court of law.
RULE #1: Tell your friends and family…but: Tell them about your intent to divorce but PLEASE ask them not to post about your spouse or his family. Bashing your ex might feel good for the moment but all it really does is rile up emotions. And these posts, pins, tweets or snaps can be used against you. Ask your friends and family to take their comments offline.
RULE #2: Don’t share anything you wouldn’t want a judge or your grandmother to see. If it’s out there, opposing counsel will usually find it. Just don’t’ say, share or do anything your grandmother wouldn’t be exceedingly proud of.
RULE #3: Live your life as if cameras are constantly following you around and taping what you’re doing at all times. Social media provides a direct window into your private world. Only post positive, truthful thoughts and photos, or unplug completely (highly recommended). And tell your friends and family not to tag you in their posts or photos.
RULE #4: Assume everything you do online will be found. If it can be found by opposing counsel, your soon-to-be-ex, or their friends and family, and will be used against you. This also applies to phone and text records, emails, dating sites, and more. Don’t rely on privacy settings. Privacy settings are subject to change and can be difficult to manage effectively. If someone wants to see what you are posting, they will, despite the illusion of a ‘privacy wall’.
*And don’t think you can erase your posts. If the WaybackMachine can locate any webpage from years ago, it can find a nasty post or photo from last week.
RULE #5: If you’re debating whether or not it’s a good idea to share, comment or like something on social media, just don’t do it. Really, just don’t.
RULE #6: Don’t post photos of your children: Wait until you and your ex agree on the approach.
RULE #7: Don’t underestimate the power of social media evidence in the courtroom. Judges and juries are intrigued by social media evidence and they consider it just as persuasive as other evidence – sometimes more so. A post may be worth a thousand words.
Although you may enjoy your social media interactions and appreciate your friends and family commiserating on your divorce, social media silence will be your best strategy before and during your divorce.
To protect your case, do NOT:
Divorce, separation, and child custody cases are wrenching experiences but sharing might harm your case. We advise our clients to go silent on social media before and during their divorce.
In these cases, silence is truly golden.
When you are looking for a family law attorney, why HLA? We are not the largest, nor do we have the flashiest billboards. What we do have is 35 years of representing family law clients throughout South Florida which earned us the reputation as Experienced Litigators with a Reputation for Results. Call us at 305-653-5555 or email us at [email protected] for YOUR FEEE CONSULTATION. Learn why over 85% of our cases come from referrals from our clients and even other attorneys.
Alimony isn’t automatic and it isn’t ordered in every divorce. Florida law provides that in order to award alimony, there must be a determination that one spouse/partner has a need for maintenance and the other has the ability to pay.
The concept of alimony developed during a time when it was common for one spouse to work full-time while the other stayed home to raise the couple’s family or care for the household. While it’s more common today for both spouses to earn a paycheck, alimony is still an option for either spouse to ensure that no one is left destitute or in need of state assistance after the divorce.
But, just like families, alimony comes in different forms.
Every parent has a fundamental obligation to support his or her minor or legally dependent child.
Florida has created a process that simplifies the process of determining child support so that parents can avoid the need for litigation. This system determines the amount of support that each parent should be provided in situations where the parents and child(ren) are not living together in an intact family.
Child support is an issue in the following types of cases:
Florida has established child support guidelines as part of the Florida Statutes*.
STEP #1: COLLECTING THE INFORMATION
Generally speaking, to calculate the child support guideline amount, the following variables must be determined:
Once the above amounts have been determined, you can calculate the child support amount.
STEP #2 WHAT TO ADD IN AND WHAT TO TAKE OUT
Gross income includes wages, commissions, self-employment income, disability benefits, pension, and retirement benefits, workers’ compensation benefits, unemployment compensation, interest and dividends, royalties, and spousal support.
Monthly income may be attributed to an unemployed or underemployed parent if the unemployment or underemployment is voluntary.
Allowable deductions from gross income include:
STEP #3: THE FINAL CALCULATION
After net income for both parents is determined, the income is added together and the Support Guidelines are examined for the joint income calculated. Different amounts are shown in the guidelines depending on the number of children.
The amount of child support is then divided by the parents in accordance with their percentage of the total net income. For example, if the guideline amount is $300 and Parent ‘A’’s net income is 2/3 of the total net income, Parent ‘A” is responsible for $200.
The formula for calculating child support can be adjusted if a parent exercises fewer than 73 overnights.
These guidelines are designed to make the process of determining child support in Florida straightforward, (hopefully) removing the need for litigation. But it isn’t always so simple. If you have minor children and are going through a separation, filing for divorce, defining paternity, or looking to gain or modify custody, speak to an experienced Family Attorney to learn what your rights are.
The Family Lawyers at Hoffman, Larin & Agnetti have been representing families throughout South Florida for over 35 years. Call us at 305-653-5555 for a FREE consultation.
WHY HLA? Perhaps our clients say it best here.
Good luck.
*The child support guidelines are contained in Florida Statute § 61.30.
(*IT IS NO LONGER CALLED “CUSTODY” IN FLORIDA)
When minor children are involved, whether in a dissolution of marriage (divorce) case or in a paternity case, decisions must be made for how the parents will share time with them. The term “custody” is no longer used in Florida law; the time each parent spends with a child is now referred to as “time-sharing”.
A time-sharing arrangement is set out in a “parenting plan” which defines how much contact each parent has with the child(ren). Time-sharing is calculated by the number of “overnights” each parent will have. The number of overnights is a factor in determining the child support that a parent who has minority time-sharing (less than 50% of overnights with the child) will pay-the fewer the overnights, the higher the child support.
Time-sharing is different from “shared parental responsibility”. Shared parental responsibility means the parents will be jointly responsible for making major decisions for the child, including medical treatments, child-care, and education. The court will order that the parental responsibility for a minor child will be shared by both parents irrespective of time-sharing. This only changes if the court finds that shared parental responsibility would be detrimental to the child.
Ideally, the parents will agree (often with the help of an experienced Family Law Attorney) to a time-sharing/parenting plan that allows them to spend time with the children and meets the child’s best interests. Florida’s objective is that each minor child should have frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of childrearing.
The State does not give preference to either parent and there is no presumption for 50-50 timesharing.
If the parents cannot agree on a time-sharing plan, the court will establish the plan. The judge’s primary focus will be to determine what is in the children’s best interest and welfare. While there is no presumption of 50/50 timesharing, judges start with the premise that each parent should spend as much time as possible with the minor child or children, unless there is a reason that the parent is unfit or unable to spend time with them.
The factors the judge will consider in determining time-sharing include:
Time-sharing issues are the most difficult and painful aspects when parents separate. An experienced family law attorney can provide direction and assistance in helping parents reach a time-sharing agreement that is in the best interests of the child(ren) and allows parents to share the rights, responsibilities, and joys, of childrearing.
To schedule a FREE consultation with one of our experienced Family Law Attorneys, call us at 305-653-5555- our receptionists are available 24/7. Hoffman, Larin & Agnetti, P.A. has been representing families throughout South Florida for over 35 years. Read what our clients have to say here.
If you and your spouse have decided to end your marriage, one of the first questions you’ll have is whether you need a divorce lawyer. It’s not a simple question and the answer will depend on your particular situation.
As a general rule, the less that you have to rely on the courts to solve your problems, the more smoothly the divorce will go. But do you need a divorce lawyer? The following information will help you make an informed decision.
If you’re able to work together with your spouse to resolve the legal issues, you may not need a lawyer’s help. These issues include:
Working together with your spouse through the divorce process can have a lot of advantages, including:
If you and your spouse can come to terms regarding the bigger issues in your divorce, you can generally ask the court to grant you a divorce in writing. This is what is typically called an uncontested divorce.
Depending upon the state you live in, you may not even have to appear in court to have your divorce finalized, if you can show that the divorce is uncontested and you have worked everything out. However, many states do require short court hearings when minor children are involved.
Unfortunately, domestic violence is a serious issue for many people. In the state of Florida, victims of domestic violence may be able to obtain a restraining order against their abuser. According to the Family Violence Law Center website, a restraining order is a court order that acts to protect a victim from being abused, threatened, stalked, or harassed. Depending on the circumstances, it may also act to award a victim with custody of any minor children, order visitation and child support, issue court orders with relation to pets and property, and may even require the abuser to move out of a shared residence. A civil restraining order may be beneficial even if a victim has already obtained a criminal protective order, since the civil order can be in effect for a longer period of time, and may address different types of protection.