Can A Former Spouse Receive Benefits Accrued After Divorce?
According to Florida Law, a former spouse is not entitled to receive benefits accrued after the dissolution of the parties' marriage: Darwin is correct that current law provides that a spouse should not receive benefits accrued after dissolution of the parties'...
Are Retirement Accounts Part Of A Divorce Settlement?
According to Florida Law, retirement benefits are considered marital assets and thus subject to equitable distribution in the context of divorce. (1) All vested and nonvested benefits, rights, and funds accrued during the marriage in retirement, pension,...
What Factors Does A Court Use For A Florida Parenting Plan?
According to Florida statutory and case law, the court is guided by the best interests of a child and it may evaluate a variety of factors when creating a parenting plan, including, but not limited to the following: (a) The demonstrated capacity and disposition of...
How Much Does Each Parent Pay In Child Support In Florida?
According to Florida law, there is a statute that sets forth a formula, based on net monthly income, that must be used to determine each parent's actual dollar share of child support: According to (9) Each parent's percentage share of the child support need shall be...
Can A Contempt Order Be Used To Modify Child Custody?
According to Florida case law, a contempt order should not be used to modify child custody or visitation arrangements significantly: It is well settled that a contempt order should not be the basis for a change of custody (or extensive visitation) order....
How Is Child Support Determined In 50/50 Custody Cases?
According to Florida case law, in split custody cases where each parent has income and each has custody of one of the parties' two children, the trial court should determine the total child support obligation and each child's share of that obligation. The court should...
Can A Child Testify In A Divorce Proceeding?
According to Florida Family Law Rules of Procedure 12.407, children cannot testify in a divorce case unless a judge has determined that their testimony is relevant and necessary to resolve the issues before the court: No minor child shall be deposed or brought to a...
Do You Have To Show Up For A Restraining Order Hearing?
According to Florida case law, if you are the person against whom a restraining order is being sought, if you don't show up to the hearing you still may be able to challenge the sufficiency of the notice of hearing: Mr. Traughber, who lived in Pinellas County, was...
What Are The Elements For A Stalking Injunction In Florida?
According to Florida law, the elements needed for a stalking injunction include the petitioner specifically alleging that he or she is a victim of stalking because the respondent has either: 1) committed stalking; 2) has previously threatened, harassed, stalked,...
Can I Get A Restraining Order For Past Violence?
According to Florida case law, an isolated incident of domestic violence that occurred years before a petition is filed will not support the issuance of an injunction in the absence of additional current allegations: [A]n isolated incident of domestic violence that...