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When a Florida court resolves your timesharing dispute, it is going to impose certain requirements: things that must happen and things that must not happen. One of the important things to know, especially if you are the parent who does not have majority timesharing, is that the law limits the sort of restrictions that can be placed on your timesharing. A limitation on timesharing should only be placed if it is genuinely necessary, and the court order should explain why it is needed. If it doesn’t, then you may be able to get that order overturned. For information and advice about how this and other legal rules may impact your case, be sure to contact an experienced South Florida family law attorney.

As an example, take the case of R.B. and B.T. The two lived in Austin, Texas and were in an on-and-off relationship over a period of roughly five years. The relationship produced a pregnancy and, shortly before the baby was born, the mother relocated to St. Petersburg, Florida. The father remained in Austin.

The relationship was, in the words of the court, “acrimonious” and “volatile.” After the child’s birth, the mother filed an action for paternity and requested adjudication of timesharing and child support. The father did not contest paternity. With regard to timesharing, the court ordered that the father received visitation of one weekend per month, to occur in St. Petersburg, until the child reached age five. After the child’s 5th birthday, the father was to receive two weekends per month: one in St. Petersburg and the second in St. Petersburg or Austin, whichever the father preferred.

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In this blog, and likely in other sources, you’ve read pieces emphasizing the importance of not “going it alone” in your family law case, but instead obtaining a skilled South Florida family law attorney to represent you in your action. That’s advice is effective for many reasons. One is that, while you may think that your case will simply come down the resolution of factual disputes, almost any type of case (whether it’s family law or something else) can be greatly helped by a legal professional with in-depth knowledge of the procedural rules in effect in Florida.

As a real-life example of this, here’s the case of D.S. and A.S. The Seminole County couple was in court over a child support dispute. The mother, A.S., wanted the father, D.S., to pay more child support (in terms of duration). She filed a “petition for modification of child support.” The trial court in Seminole County referred the case to a general magistrate.

There might be several strategic or tactical reasons why you might prefer that your case not be heard by a magistrate. This father found himself in that position and timely filed a written objection to the referral to the magistrate. Despite the promptly lodged written objection, the case still went forward before the magistrate and the mother was successful, with the magistrate extending the father’s child support obligation for an additional one year.

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If you need a modification in the alimony you’re receiving, your case requires more than proof that you need more support and that your former spouse can afford to pay more in support. You need evidence that a substantial change in circumstances has taken place. That can be a key stumbling block for some litigants’ alimony modification cases because without the right kind of proof to establish this change, a judge cannot give you the modification you seek. To make sure you have the evidence required to get the support you need, be sure to put a knowledgeable South Florida family law on your side.

In seeking a modification of alimony, it may make good sense to provide the court with multiple possible changes in circumstances. Here’s an example: S.M. was a former wife from the Tampa Bay area who went to court seeking a modification of her alimony. The amount of alimony had originally been set in a “nominal alimony award” contained within the final judgment of dissolution in the couple’s case.

In S.M.’s situation, she had been receiving support from her daughter and her sister, but those two women ceased being able to continue that support. Those women’s inability to continue supporting her was a substantial change in circumstances, she argued. The ex-wife argued that there were additional changes, as well. Her insurance costs had gone up following the divorce. She possibly owed her sister certain sums for various expenses, and the ex-husband had begun negotiating with lenders on the property where the ex-wife was residing, which forced her to rent a new place to live.

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There is a tendency among some people to believe that certain types of cases are ones that don’t really require the aid of a skilled attorney. Family law matters can be one example. Parties may think that their cases are simple enough that they don’t need an attorney or they may think that they cannot afford legal representation. With all the ways that a case can “go wrong,” and all the severe consequences that can arise if your family law case does veer south, whether it is a divorce action, a parental responsibility case or some other area of family law, it is more viable to argue that you can’t afford not to have a knowledgeable South Florida family law attorney on your side.

Here’s an example: K.E. and D.M. were former spouses who were in court because the husband had filed a request to modify timesharing, the couple’s parenting plan and the child support obligation. Generally, many of these issues often require multiple varieties of proof. As the parent seeking modification, you may be required to prove that substantial change of circumstances has occurred before the judge will even consider the modification you desire. If you clear that hurdle, you may need to show additionally forms of proof related to issues like the best interest of the child.

In this couple’s case, the judge ruled for the father and entered the modification he requested. The mother appealed but she again was unsuccessful. The Fifth District Court of Appeal’s opinion did not indicate whether or not one or both spouses had attorneys at the trial-court level, but, in the appeals court case, the mother proceeded without a lawyer while the father had legal representation.

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You go into court expecting and understanding that yours is a case about one thing. Maybe that one thing is alimony or maybe it’s your spouse’s petition for a domestic violence protective injunction. Once you’re in the hearing, though, the judge starts asking your spouse questions about your timesharing arrangement with your children. At the end, the judge alters your timesharing plan and increases your child support obligation. If that happens, what can you do? Would know how to handle such a scenario? It is not unreasonable for most people to have no idea how to respond. This is just one example among many where it pays to have representation from a skilled South Florida family law attorney, so that you can be sure that your rights are protected.

A very recent case from Miami-Dade County was example of how this can happen and what you can do. L.R.L. and J.R. were a couple who had three children together. After eight years of marriage, the wife filed for divorce in September 2017. The wife filed two petitions, one in 2016 and one 2017, seeking domestic violence protective injunctions. In her allegations, the wife asserted that the husband had a history of bipolar disorder, that he was not taking his medication and he had recently undergone a psychiatric hospitalization.

The husband also allegedly showed up at the wife’s front door between 4:00 and 5:00 a.m. one morning barefoot, half dressed and wearing a hospital sheet. This incident was one of the bases for the wife’s seeking the second injunction in 2017. Although the wife did not seeking any changes to the couple’s timesharing arrangement, the judge nevertheless asked the wife about timesharing. The wife then told the judge that she felt that the husband’s having unsupervised visitation was no longer proper.

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When a court faces a question about the calculation of an alimony obligation, it generally looks at the requesting spouse’s need and the other spouse’s ability to pay. In many situations, that may involve just looking at the income and the expenses of each spouse. There are situations, though, where a court may be legally obliged to consider more than just the respective incomes of the two spouses. One circumstance where that’s the case occurs when one spouse is voluntarily unemployed or voluntarily underemployed. If you are involved in a case that includes issues of alimony and/or child support and your spouse is voluntarily unemployed or underemployed, then be sure you have the skill of an experienced South Florida family law attorney on your side.

J.M. and T.M.’s divorce case was one where alimony was one of the key issues in dispute. In the case, the husband sought to have income imputed to the wife. Intentionally avoiding work, or avoiding working at an income level commensurate with your education and professional experience, can have the impact of skewing the calculation of the proper amount of alimony. When the court decides that this “voluntary unemployment” or “voluntary underemployment” has happened, then the law allows the judge to do what’s called “imputing income” to the spouse who is voluntarily underemployed or unemployed.

In that process, the judge determines how much the voluntarily underemployed or unemployed spouse would be making if he/she were earning up to his/her reasonable capabilities, and then makes a determination about alimony based on that figure, not the spouse’s actual income. This is true whether the allegedly voluntarily underemployed or unemployed spouse is the one seeking alimony or is the one who may be ordered to pay alimony.

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There are many ways that your family law case can go awry, and some of those ways are completely unrelated to the facts of your dispute. You can get tripped up by things like jurisdiction or the statute of limitations. You can also encounter difficulties if you fail to meet discovery deadlines, including those related to expert witness testimony. Severe enough infractions can even lead to your expert being excluded from trial and you being denied a continuance to get your evidence in order. If you find yourself in a family law dispute, be sure to obtain a skilled Florida divorce attorney to avoid these pitfalls and, if it is the opposing party who is delaying, to use the courts to protect yourself and your children.

The issues of delays and continuances were at the center of one recent South Florida divorce case. In this dispute, the wife filed for divorce and asked the trial court to appoint a psychologist who would “interview, test and evaluate” both spouses and their child. This was related to determining parental responsibility, timesharing and a parenting plan. The spouses eventually agreed to a doctor and the examination went forward. Later, the husband hired a different psychologist to give testimony about the first doctor’s report, as well as prepare a report of her own.

The trial was scheduled for June 1. The deposition for the husband’s expert was set for May 30. The husband missed many deadlines for disclosing his expert’s report. Finally, on May 25, the husband asked for a continuance of the trial. At the continuance hearing, the husband’s expert said she’d been delayed by computer problems and a death in the family. The trial judge rejected the husband’s request for that delay of the trial. The judge also excluded the husband’s expert from testifying in the case.

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If you want a judge to make changes to your timesharing arrangement in Florida, it is very important to understand in advance what you need. Certainly, you need proof that the change you’re proposing in the best interest of the child. Beyond that, however, you also need proof that a substantial change of circumstances has taken place, and that the change was not something that you and your ex-spouse contemplated at the time of your divorce.. With evidence of that change, the court cannot order any change to your timesharing arrangement. When it comes to making the evidentiary showings necessary to get the timesharing changes your family needs, be sure you have legal representation from a skilled South Florida family law attorney.

The case of M.G. and C.G. was an example of how this process works and what analyses a court must make. The father, M.G., petitioned the court asking for a modification. The mother, C.G., opposed making any changes to the existing timesharing arrangement. (An Oklahoma court had given the mother primary custody in 2010.)

M.G. alleged that several significant changes had occurred since the Oklahoma court’s 2010 ruling. The father alleged that the mother had moved with the boy nine times and enrolled him in five different elementary schools, and that the mother failed to foster communication between the child and the father. The father’s petition alleged that the mother’s husband abused the boy. He also alleged that he had retired from the U.S. Air Force and, now out of the military, was in a better position to provide more care for the child.

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Going through the divorce process can be, and often is, a difficult time, both emotionally and, in many situations, financially. Divorcing spouses may be forced to deplete financial accounts or sell assets to pay for necessary things like living expenses and legal fees. When you do, the expenditure of those assets may impact the outcome of your case with regard to equitable distribution. In any equitable distribution outcome, your goals certainly include not being penalized for depleting assets for legitimate reasons. To make sure you get a genuinely fair equitable distribution, make certain you have the services of an experienced South Florida family law attorney on your side.

For an illustration of the rules regarding the dissipation of marital assets, there’s the very recent case of T.M. and H.M. from Palm Beach County. Each spouse petitioned for divorce in 2016 after nearly 25 years of marriage. The couple’s divorce case covered several important issues, including equitable distribution and child support. After the trial was over, the wife appealed. In her appeal, she objected to several decisions the trial court made regarding equitable distribution as well as the calculation of her income for child support calculation purposes.

The outcome of the appellate argument regarding the equitable distribution of the couple’s marital assets was particularly useful. In T.M. and H.M.’s case, the trial judge awarded the wife her checking account and her savings account. The documents in the divorce case identified the value of the savings account as $13,275 and the value of the checking account as $13,212.

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In your Florida child support case, it is important to understand when a Florida judge can, and cannot, issue a ruling. As one Orlando-area case recently showed, the rules regarding when a court can order child support are much broader than those regarding when a court can determine custody. There is no requirement that Florida be the child’s “home state” under child custody jurisdiction laws. In other words, if you’re in Florida and you need to assert a claim for imposition of a child support obligation, you should reach out to an experienced Florida family law attorney as you may be able to bring your case in this state.

The child support case between R.K. and P.K. was one that involved this type of issue of court jurisdiction. The couple wed in Florida, had a child here and lived as a family in this state for several years. However, at some later point, the marriage broke down, the couple separated and the mother and child relocated to Ireland.

In the summer of 2017, the husband filed for divorce in Brevard County. As part of his court document filings, the father asserted that, under Florida’s child custody jurisdiction laws, Florida courts did not have jurisdiction over the child, so the husband’s pleadings pertained solely to the couple’s issues that did not involve the child. The wife’s court papers asked the court in Brevard County to award child support, ordered that the husband contribute to the child’s uncovered health care costs and to maintain medical insurance for the child.

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