A “Parenting Plan” is a document created to govern the relationship between the parties relating to the decisions that must be made regarding the minor child. It contains a time-sharing schedule for the parents and child or children. In Florida a judge must begin with the assumption that each parent will have equal time with […]
Turner Wins In United States Supreme Court As Court Opines Additional Safeguards Needed For Civil Contempt Hearings
The United States Supreme Court (hereinafter referred to as “the Court”) issued an opinion on June 20, 2011 in the case of Turner v. Rogers. The case originated in South Carolina, and found its way to the highest court in the land. The only issue that was before the Court was whether a payor (person […]
QDRA – Qualified Domestic Relations Order
A QDRO is a judgment, decree or order for the division of retirement savings plans, pensions, 401(k)s or other retirement accounts. When is a QDRO needed? A QDRO would be needed in a divorce proceeding where there is a retirement savings plan, a pension, a 401(k) or any other retirement account that needs to be […]
Do Fathers And Mothers Have Equal Rights When It Comes To Custody/Time-Sharing With Their Children?
Do fathers and mothers have equal rights when it comes to custody/time-sharing with their children? At a time when most families are two income households and the mother is not always the primary caregiver for the children, this shouldn’t be a controversial question. The first thing to know is that Florida no longer awards custody […]
Parental Alienation Defined
Parental alienation is a social dynamic which occurs most often during a divorce or separation. During this stressful time in a family’s life, one parent can become so angry or fearful, that they begin a conscious or unconscious campaign of alienation against the other parent. The alienation can be as subtle as making a passing […]
Does Paying Child Support And Exercising Visitation Rights Go Hand In Hand?
Most people are under the assumption that if a parent (payor) fails to pay their child support obligation, the other parent (payee) has the right to withhold timesharing between the payor and the child(ren). There are many parents who enter into settlement agreements that specify detailed timesharing arrangements as well as the amount of child […]
How Is Child Support Calculated?
This is one of the most frequently asked questions by individuals involved in a divorce or paternity action. There is both a long and short answer to the question. The short answer is that the Florida Statutes provide a guideline amount for child support. Most attorneys and all judges use a program which they input […]