A lot of men come to us after finding out the unfortunate news that the child they once believed to be their own, happens to be the biological child of another man. For these men, the newly discovered evidence is shocking and is likely grounds to file for a disestablishment action. For other men, their […]
Should I Pay Child Support Even If There Is No Court Order?
Often times in divorce, men walk through the door and immediately state that their Wife is asking for support; alimony for herself, as well as support for the children. If you’re involved in a new case, the law may allow the support to be calculated retroactively to the date you both separated. If you’re involved […]
How long is it going to take for me to get divorced in Florida?
Depending on where you are in the state of Florida, the flow of a case could be different. For the purposes of this blog, the below will not be an exhaustive list of possibilities, however, if you are getting divorced in Lee/Collier/Charlotte County, the following is a general overview of what you may expect from […]
Relocation With Children After Final Judgment
Once you have received a final judgment in your divorce or paternity action, you may decide that you wish to move and to take the minor child(ren) with you. Florida Statute 61.13001 controls a parent’s ability to relocate with the minor child(ren). If the parents agree to allow the minor child(ren) to relocate, then a […]
Where Do I File My Paternity Case?
When clients prepare to file a petition to determine paternity, there is often confusion about the proper location within Florida (venue) to file the case. Many people mistakenly believe that the only place the petition can be filed is in the county where the mother and child live. However, according to Florida Statute 742.021(1) the […]
How Do Child Support and Alimony Payments Get Taxed In The U.S.?
Pursuant to Publication 504 from the Internal Revenue Service (IRS), child support is not considered taxable income to the parent receiving support payments on behalf of a minor child. Moreover, the receiving parent cannot consider the payments as income for purposes of trying to utilize the child tax credit. With that said, child support is […]
Do Child Support Payments Increase Over Time?
Whether you are going through a proceeding such as Paternity, Divorce, or a Title IV-D action, child support in Florida is calculated using the Florida Statutory Guidelines as explained in Florida Statute 61.30. Once child support is calculated within your action and adopted by final judgment, the child support will remain that amount, unless modified, […]
How Can One Give Up Their Parental Rights?
Parental rights are fundamental, protected by the Florida Constitution, and thus are not easily relinquished. In fact, there are very limited instances in which a parent may give up their parental rights voluntarily. Sometimes we are asked whether giving up parental rights would result in eliminating the responsibility for supporting a child, and while the […]
Duke v. Duke
In Duke vs. Duke, The trial court erred on the face of the Final Judgment of Dissolution of Marriage (no trial transcript was provided, so only errors appearing on the face of the order could be remedied): 1) Alimony: In awarding alimony, the court failed to impute income to the wife based upon income that […]
Do Fathers Have The Same Parental Rights As Mothers?
The answer to this question is not a simple one and can vary depending on the facts, as well as which statute you are focusing on. For the purposes of this article, the focus will be on a man’s parental rights under Florida Statute 744, and how it differs generally from Florida Statutes 61 and […]