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What Can I Expect at My Initial Consultation?

The first step in almost all divorce cases is an initial consultation with an attorney, or multiple attorneys. Most people arrive for a consultation with a list of questions they want answered or ...
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Can I Spank My Child?

The issue of spanking doesn’t come up in my cases very frequently these days. In general, parents should work together to determine an appropriate discipline plan for their children. The problem ...
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What is an Administrative Support Order?

Florida Statute 409.2563 allows the Department of Revenue to establish administrative child support orders. The Department of Revenue is a governmental agency in Florida that is set up to establish ...
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Must a Divorced Husband Pilot his Former Wife?

Recently, in an appealed family law case, the Second District Court of Appeal made a decision which required a former husband to pilot a private plane for his former wife. This sounds like it may be a ...
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Vague Agreements

The ideal divorce situation for most people is one where everyone agrees on who gets what, everyone walks away happy, and the court case is over quickly. People who are going through a divorce and ...
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Disestablishment of Paternity, Arrearages

A recent Fifth District Court of Appeals case held that a disestablishment of paternity action does not relieve the alleged father of any previously established child support arrearages. In Hickman v. ...
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A Third Party Has Custody of My Child. How Do I Get Him Back?

Sometimes parents have to grant custody of their children to third parties because of life events that are out of their control. Often time this third party is a grandparent or other family member. ...
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Direct Criminal Contempt in Family Law

In family law the word “contempt” is often thrown around as a threat, but what does it really mean? There are two types of contempt: civil contempt and criminal contempt. This is further ...
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Enforcing Timesharing Rights from Out of State

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 ...
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Mediation and Diversion Services

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 ...
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Property Distribution in Bankruptcy

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 ...
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No Fault Divorce - Part Four

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 ...
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No Fault Divorce - Part Three

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 ...
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No Fault Divorce - Part Two

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 ...
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No Fault Divorce - Part One

“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. ...
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Answer the Question, Please

“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 ...
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Implementation of the Federal Income Withholding Order

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 ...
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Non-Probate Assets After Divorce

Beginning July 1, 2012, the law in Florida regarding what happens to most non-probate assets post-divorce has changed and now offers protection for those who did not revise these assets post-divorce. ...
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Additional Judge Assigned to East Hillsborough County Family Law Cases

Beginning August 6, 2012, Hillsborough County will have an additional judge assigned to family law cases at the Plant City courthouse. Division T will be added to the existing division R for a total ...
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What Constitutes Dissipation of Assets

Often divorce clients will report that their spouse is wasting or dissipating their hard earned marital assets. In a recent 1st District Court of Appeals case, Walker v. Walker, the appellate court ...
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Hearsay in Family Court

In family law cases, a party may wish to introduce evidence in court about their spouse based on something they didn’t personally witness or can attest to. Information a party may have about ...
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Can You Get More Alimony After Your Divorce is Entered?

Alimony in the state of Florida can be a very complex issue. The factors to discuss with your Tampa family law attorney range from not only the amount and duration of the alimony award, but also what ...
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Facebook and Divorce

On Friday, May 13 th, the New York Times had a timely article on the negative evidence that people going through a divorce are volunteering by posting on Facebook and other social networks. Just about ...
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Suing your Spouse for Negligent or Intentional Acts

We all know that if someone harms you intentionally, or even by a negligent but unintentional act, you can sue that person in Florida personal injury court for damages. Most people think that it is ...
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Cooperating with Providing Financial Information in your Florida Divorce or Paternity Case

We have discussed earlier the fact that every Florida divorce or Florida paternity case requires that certain information be provided in the "discovery" phase of the case. The natural reaction of ...
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