How To Get A Modification Of A Florida Parenting Plan?
According to Florida case law, the court will allow modification to a Parenting Plan if one of the parents can provide evidence of a substantial, material, and unanticipated change in circumstances and that modification is in the best interests of the children's...
Is Bonus Income Used To Calculate Child Support & Alimony?
According to Florida case law, if bonus income is regular and continuous then it should be included in making alimony and child support awards: In addition to the equitable distribution concerns, Ingrid has raised some support-related issues, most notably the trial...
Is Real Property Acquired Prior To Marriage A Marital Asset?
According to Florida Law, real property acquired prior to the marriage is generally considered a nonmarital asset. However, if marital funds are used to pay down the mortgage on the property or enhance its value in some way, then resulting equity in the property may...
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...