The jury seems to be out on the question, but Gov. Ron DeSantis has it squarely in front of him. He must decide whether to sign hotly debated legislation that would direct judges in child custody cases to begin deliberation with that presumption, subject to evidence...
Year: 2022
Going down for the third time or third time lucky? Will the governor finally end permanent alimony? Part 2
Many in the Sunshine State are holding their collective breath to see whether Gov. Ron DeSantis will sign a hotly debated bill that would end permanent alimony, establish a procedure for retiring alimony payors to seek termination of their obligations and create a...
Third time the charm? Twice-vetoed alimony bill on governor’s desk, part 1
On March 9, the Florida legislature sent a controversial family law bill to Gov. Ron DeSantis’ desk for consideration. As of this writing on April 1, there is no available news about whether he has decided to sign S.B. 1796. And that will be no small decision. Former...
Missing alimony? Late or partial payments? How do you get the spousal support owed to you?
When your divorce decree orders your ex to pay alimony, you have the right to expect complete and timely payment. A court order created that spousal support obligation and your former spouse has the legal duty to comply. In the real world, unfortunately, sometimes...
Are you worried about your immigration status if you divorce?
Any Floridian in this position should proceed carefully if they want to preserve their right to remain here. The collision of Florida family law and federal immigration law this situation creates is legally complicated and a misstep could increase the risk of removal...
Florida child support: When is income wrapped up like a gift?
It is not unusual for parents of a married adult to give money to the son or daughter or to the couple to help with expenses or for a specific purpose like a down payment on a home or a vacation. Or a grandparent, other relative or friend might do the same. But when a...
Can an extended family member get access or custody of a minor child? Part 2
In part 1 of this post, we talked about Florida’s grandparent visitation law. In part 2, we will identify other potential routes for a child’s relatives willing to step up to help by taking on custodial responsibilities or regular visitation. Such relatives may...
Do Florida grandparents or other relatives of a minor child have custody or visitation rights? Part 1
As often is the case with family law questions, it depends. Several factors may affect the answer, ranging from the health, competence or death of a parent; to the best interest of the child; to the parents’ wishes. To provide a very high-level summary, parents have...
Does your pet have the key to your heart this Valentines Day? part 2
Is Mittens more loyal than your soon-to-be ex-spouse? In part 1, we revisited the treatment of family pets in Florida divorces – basically like personal property. Sadly, in some marriages that are on the rocks, parties develop more feelings for their pets than for...
Florida divorce: Cupid aimed for my spouse but hit my dog, part 1
Your marriage is over, but your furbaby still has your heart Many Floridians have dogs, cats and other pets smaller or larger – or less traditional. Especially during the pandemic, pets play an important role within many households and are part of the family. Lots of...