Family Law

An Income Withholding order is a uniform order that instructs the employer of a paying parent to withhold child support or alimony from that employee’s paycheck. The employer sends the funds to the Child Support Disbursement Unit where it is then disbursed to the receiving parent. If a parent is terminated from an employer who is following an Income Withholding…

The initial answer would be the state that initially had jurisdiction to enter the original order continues to have the best claim for jurisdiction for a modification of the order; however, if both parties have moved from that state, the court’s would look to the home state of the children at that time. A home state is defined as the…

In Florida, there is an actual guideline that a court will follow to establish a child support obligation. The base amount is calculated by adding both parent’s net income together and then looking on the chart for the correct number of children. The amount on that chart shows what both parents are expected to spend on their children. The court…

NO. Your inheritance, if it was given to you and you alone is a separate property free from your spouse’s claims; however, if you combined that money in a joint account with your spouse, he/she may have a claim to it. If you used it to pay marital bills, your spouse could also have a claim to it.

What is the putative father registry? When a father suspects that a women with whom he has had sexual relations becomes pregnant with potentially his child, he must register. The purpose of the registry is to permit a man alleging to be the unmarried biological father of a child to preserve his right to notice and consent in the event…

Alimony, if awarded in a long term marriage, is most often permanent and will last until the receiving spouse remarries or a substantial change occurs, for instance if the paying spouse retired. Divorcing your second husband does not then make your first husband begin making payments again. The second husband might be required to pay alimony; however, the second marriage…

I am the father and want to be the primary parent of my children, is that possible? After October 2008, the legislature removed the designations, Primary and Secondary Parents. Now the parties are simply referred to as, “Parents.” After 2008, the issue is what timesharing that each parent is entitled to exercise. And yes, a father can get the majority…

In Florida, if you do not have a relationship with the party against whom you want the restraining order, one altercation will not get you a restraining order. It has to be at least 2. However, you have two options. You can either call the police and request that they issue a trespass warning to your neighbor or file criminal…

In Florida, you must have lived in Florida for at least six months, thereby becoming a Florida resident in order to file for divorce.  You can certainly look into filing in the state you moved from, but that state will also have residency requirements necessary to file for divorce.

The actions for which you are basing your petition to obtain a restraining order must have occurred in the same state in which you file.