Florida

Family Law Attorneys

Family Law

Marital Settlement Agreements

Most family law cases are resolved by settlement between the parties, and not at trial. This settlement, whether done at an informal conference, or at a formal mediation conference, results in an ...
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Agreeing to Overpay Child Support

In family law cases involving children, the issue of child support is always raised. The amount of child support owed from one parent to the other is determined by section 61.30 of the Florida ...
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The Importance of a Well Written Pleading

When a pleading is filed it must contain a factual statement that support a legally recognized claim. For example, to modify a timesharing and parenting agreement or order in a family law case, you ...
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Must a Judge Order Holiday Time Sharing?

A recent case from the Second District Court of Appeals addressed whether it is mandatory to include holiday time sharing in a court ordered parenting plan. In Mills v. Mills, the trial court did not ...
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What does "Temporary Custody by Extended Family" mean?

In situations where a parent is unable to care for their child, often due to criminal, financial or substance abuse issues, a member of the child's extended family may petition the court to be ...
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The Importance of Timesharing Schedules

Most people who have to experience a divorce involving children first-hand hope that their case will be simple, that they will be able to get along with their former spouse once the case is over, and ...
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Imputation of Income

One issue that comes up often in family law cases is imputation of income for child support calculation purposes. It is often asked whether money received by family members can be considered ...
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What is Commingling of Assets?

In general, if a party commingles a non-marital asset with a marital asset, then the non-marital asset converts to a marital asset and becomes subject to equitable distribution in a divorce. One of ...
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Is Involuntary Military Separation Pay Marital Property?

On rare occasions, the US military will terminate a service member involuntarily. It rarely happens, but it is considered an honorable discharge and the service member is given a severance package. ...
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Legal Father vs. Biological Father

When a child is born during a marriage, there is a presumption of legitimacy. It is presumed that the husband of the marriage is the father is the child. This is often true even if it can be proven ...
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Therapist Client Privilege with a Child Patient

One thing that is often argued over in family law cases - both initial divorces, and post-judgment matters - is whether both parents should be able to review mental health and psychological records of ...
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Changing Beneficiaries After a Divorce

The one thing most parties forget to do after a divorce is change their estate plan. Wills, trusts, and beneficiary designations for life insurance and assets should be changed and updated after the ...
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What will the Court do if my Child has Special Needs?

On occasion, I am presented with a unique situation where a client has a child with special needs. The client in this situation is very concerned about the Court taking the minor child's special ...
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When Should a Court Impute Income to an Unemployed Spouse?

Imputation of income to a spouse is very fact intensive. When a court decides to impute income to a spouse, they do so on a case by case basis. Your case might be very different from another case that ...
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Splitting Student Loan Debt

There seems to be an "urban legend" in Florida divorce law that student loan debt is treated differently than other forms of marital debt. I am often surprised that many clients, as well as ...
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Timesharing

It is not uncommon in family law matters for one parent to attempt to alienate a parent from a child. It is also not uncommon for a case to exist where a parent has not seen their child for a very ...
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Starting My Divorce Case

I'm considering getting a divorce. What should I know, and will I need an attorney? What you should know depends on the facts of your case. Most divorce cases can be broken down into 3 main ...
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Child support and taxes

One topic frequently negotiated in child custody and child support cases is who will claim the exemption for the child on their tax return. Parties will often negotiate into their family law ...
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If My Health Deteriorates Substantially, Will I Still Have To Pay My Alimony Obligation?

A recent Fourth District Court of Appeals case addressed a situation where a Husband's health deteriorated so much that he was no longer able to work and therefore could not pay his alimony ...
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Can a Court Deny a Parties Time Sharing Completely?

A recent Fourth District Court of Appeals case addressed if, and when, a Court may deny a parties time sharing with a minor child completely. In Davis v. Lopez-Davis, The wife filed a petition for ...
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Must a Court Make Specific Findings if it Denies Alimony?

A recent Fifth District Court of Appeals case addressed what a court must determine when it denies a party's claim for alimony. In Wright v. Wright the parties were married for eighteen years. ...
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Does The Court Have To Adopt My Custody Agreement?

A recent Fifth District Court of Appeals case addressed whether a court has to adopt the parties custody agreement. In Puglisi v. Puglisi the parties sought to: Modify the custody and visitation ...
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Why do some people delay the final hearing on their uncontested divorce until after the first of the year?

Often people work for many weeks or even months to resolve all of the differences they have in the divorce process. They have gone from a situation of different ideas as to how to handle the parenting ...
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Givens Givens Sparks is proud of Damien McKinney

Damien McKinney, associate attorney with Givens Givens Sparks, competed for the Leukemia and Lymphoma Society's Man of the Year this year. The Man of the Year competition is a fundraising event to ...
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When is it time to bring a forensic accountant in to help with my divorce?

No one wants to spend any more money on a divorce than is absolutely necessary. Bringing in an accounting expert can be costly so there is a decision to make in every divorce as to whether such a ...
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