Blog Posts in 2012
52 results found. Viewing page 1 of 3.
Go to page
Posted on Dec 31, 2012 By Joanna Chapman
Florida Statute 61.13001(2) allows for parents to forgo the formal process of petitioning the Court to relocate with a minor child(ren) if there is agreement by the parties. This section applies to ...
Continue reading "Relocation by Agreement" »
Posted on Dec 3, 2012 By Kim Byrd
Your child support or alimony can generally be modified upon a substantial change of circumstances such as a reduction in your income. The restriction is that the reduction in income must be ...
Continue reading "Effect of Retirement on Support Obligations" »
Posted on Nov 20, 2012 By Kim Byrd
I have a family member whose ex-husband recently passed away. At that time my family member learned that she was not the only beneficiary of the ex-husband’s life insurance policy as was ...
Continue reading "Life Insurance and Secondary Addressee" »
Posted on Nov 8, 2012 By Joanna Chapman
Florida Statute §61.141(1)(b) provides a basis to modify alimony based on an alimony recipient being in “supportive relationship.” Typically, when an alimony recipient remarries, ...
Continue reading "Supportive Relationships After Divorce" »
Posted on Oct 18, 2012 By Kim Byrd
Florida family law courts have consistently denied parental or visitation rights sought by anyone who is not a child’s biological or legal parent. These courts cite the privacy provision of the ...
Continue reading "Parental Rights of Non-biological or Legal Parents" »
Posted on Oct 17, 2012 By Joanna Chapman
All parties to a Florida divorce proceeding with minor children or a paternity action that involves issues of parental responsibility are required to complete the “Parent Education and Family ...
Continue reading "Parenting Course Requirement" »
Posted on Oct 16, 2012 By Kelly Tobaygo
Florida does not have a statute regarding annulments. This means that all of the law in this state regarding annulments is case law which was created by the court system. While the word annulment ...
Continue reading "Annulments: A Common Misconception" »
Posted on Oct 15, 2012 By Blair Chan
In speaking with potential family law clients, the following situation arises often, “My former spouse and I were divorced in another state and my child now lives in Florida. My former spouse is ...
Continue reading "Enforcing Timesharing Rights from Out of State" »
Posted on Oct 12, 2012 By Kelly Tobaygo
When calculating income for child support purposes, the Florida family law statutes allow the courts to consider in kind payments and impute the full amount of these payments as income to the person ...
Continue reading "Imputed Income for Child Support" »
Posted on Sep 27, 2012 By Joanna Chapman
Since 1984, Mediation and Diversion Services in Hillsborough County offers a mediation service for parties navigating family law related issues. The program has evolved since 1984 and is now equipped ...
Continue reading "Mediation and Diversion Services" »
Posted on Sep 26, 2012 By Blair Chan
For many years the bankruptcy courts drew a distinction between support payments and property distribution (equitable distribution) payments in determining whether an obligation in a family law court ...
Continue reading "Property Distribution in Bankruptcy" »
Posted on Sep 25, 2012 By Ellen Ostman
I have recently blogged about how Florida is a no fault divorce state. Read part of this ruling from a Texas court in 1899 to see how things were different back then. Evidence in a suit for divorce ...
Continue reading "No Fault Divorce - Part Four" »
Posted on Sep 24, 2012 By Ellen Ostman
I posted last week about Florida being a no fault divorce state. Read the portion of the following case from California in 1897 to see how things have changed over the years. A finding that defendant ...
Continue reading "No Fault Divorce - Part Three" »
Posted on Sep 21, 2012 By Ellen Ostman
I recently blogged about Florida's position that divorces in this state are "no fault". Read the following snippet from a divorce case in Michigan from 1868 to see the contrast. Courts ...
Continue reading "No Fault Divorce - Part Two" »
Posted on Sep 20, 2012 By Ellen Ostman
“THE ONE CHARM OF THE PAST IS THAT IT IS THE PAST” – Oscar Wilde Some clients who come in for consultations are confused as to what a “No Fault” divorce is. ...
Continue reading "No Fault Divorce - Part One" »
Posted on Sep 19, 2012 By Kelly Tobaygo
There are many reasons why people might separate without getting a legal divorce, knowing that eventually the divorce is inevitable. What most people don’t contemplate, or might not even be ...
Continue reading "Separation Agreements" »
Posted on Sep 18, 2012 By Damien McKinney
A recent Fifth District Court of Appeals case dealt with an injunction filed against a family member. In Morris v. Mascia, the appellee filed a petition seeking an injunction for protection against ...
Continue reading "Can I seek an Injunction for Protection Against Domestic Violence against a family member?" »
Posted on Sep 17, 2012 By Stann Givens
“Do I have to answer that?” If you’ve ever watched any of the multitudes of courtroom dramas that have been depicted on television or the movies over the years, you have no doubt ...
Continue reading "Answer the Question, Please" »
Posted on Sep 14, 2012 By Damien McKinney
I recently had a case where the Mother lived in Illinois. The Father took the child and absconded to Florida and wouldn't tell her where the child was located. The Mother petitioned the Court in ...
Continue reading "Custody Orders From Other States" »
Posted on Sep 12, 2012 By Damien McKinney
A recent Second District Court of Appeals case dealt with the Former Wife’s use of the Former Husband’s turbo-prop experimental airplane. In McCord v. McCord, the parties entered in to a ...
Continue reading "Use of Husband's Private Airplane" »
Posted on Sep 11, 2012 By Damien McKinney
When judges in Florida make a decision about your children and the custody, (or timesharing ) schedule for each parent they use the “best interest of the child” standard that is set forth ...
Continue reading "Best Interest Factor #4: Stability" »
Posted on Sep 10, 2012 By Damien McKinney
This fall, HBO will air a documentary about how divorce affects children. DON'T DIVORCE ME! KIDS' RULES FOR PARENTS ON DIVORCE addresses this important subject, allowing kids to offer do's ...
Continue reading "New HBO Documentary About Divorce" »
Posted on Aug 30, 2012 By Joanna Chapman
Florida has passed a new law that provides for a new type of Injunction to protect those who have become victims of Stalking. This law, which becomes effective October of 2012 will allow for a person ...
Continue reading "Additional Protections for Stalking and Cyberstalking Victims" »
Posted on Aug 29, 2012 By Joanna Chapman
When a party in a family law case has a child support or alimony obligation, they can opt to have such funds deducted from their paycheck directly through an Order of the Court. The funds go directly ...
Continue reading "Implementation of the Federal Income Withholding Order" »
Posted on Aug 28, 2012 By Kelly Tobaygo
When a child is born outside of marriage, changing that child’s surname to match that of his or her father’s may not be as easy as a simple petition to the court, as paternity alone is not ...
Continue reading "Changing a Child's Name" »
52 results found. Viewing page 1 of 3.
Go to page