In Florida, child support and timesharing modifications are governed by the principle that changes must reflect the child’s best interests and be supported by evidence of substantial, material, and unanticipated changes in circumstances. As discussed in a recent Florida decision issued in a child support action, the evidentiary burdens in…
Fort Lauderdale Divorce Lawyer Blog
Florida Court Discusses Antenuptial Agreements in Divorce Actions
Discovery is a key component of Florida divorces, as it allows parties to determine one another’s financial status, which in turn allows the courts to determine their rights and obligations. Such disclosure may not be necessary in cases involving prenuptial or antenuptial agreements, however, as discussed in a recent Florida…
Florida Court Rejects Speculative Evidence in Custody Case
While most parents want what is best for their child, they do not always agree with their co-parent as to what is in their child’s best interests, and custody disputes can quickly become contentious. When the courts are asked to resolve custody actions, they are expected to do so based…
Florida Court Discusses Relocation and Parenting Plans
In Florida, parental relocation disputes require courts to evaluate whether a proposed move aligns with the child’s best interests, as outlined in state statutes. The burden of proving a relocation would benefit a child is placed on the party requesting the move. As discussed in a recent Florida ruling issued…
Court Discusses Retroactive Alimony in Florida Divorce Actions
Under Florida law, alimony determinations must be supported by specific factual findings regarding both parties’ financial circumstances. This means, in part, that courts must carefully assess the needs of the receiving spouse and the ability of the paying spouse to meet those needs. The importance of adhering to statutory guidelines…
Florida Court Discusses the Merger Doctrine in Family Law Cases
Under Florida law, issues related to the enforcement of temporary support orders during divorce proceedings must adhere to the principles of finality and jurisdiction. Courts must carefully navigate procedural rules to ensure compliance with interlocutory and final judgments, avoiding errors that could render orders unenforceable. The importance of correctly applying…
Florida Court Discusses Claims of Fraud in Paternity Disputes
Under Florida law, paternity determinations must be grounded in valid evidence and aligned with statutory requirements. Courts must ensure that any findings of fraud or misrepresentation are appropriately addressed and that legal parentage is resolved based on the child’s best interests, as demonstrated in a recent Florida decision addressing claims…
Florida Court Dicusses Grounds for Modifying Alimony Obligations
Under Florida law, courts determining alimony modifications must assess whether substantial changes in circumstances justify altering prior agreements. Courts are required to base their decisions on competent evidence and equity considerations. A recent Florida decision highlights the importance of detailed analysis and evidence when evaluating whether retirement can justify a…
Florida Court Discusses Evidence in Child Custody Cases
Under Florida law, courts making timesharing decisions must base their determinations on the child’s best interests, supported by substantial evidence. When a court’s decision relies on speculative or unsupported assumptions, it risks reversal. A recent Florida decision illustrates the need for competent evidence when ordering significant changes to a child’s…
Interstate Custody Disputes in the Florida Courts
Under Florida law, child custody cases involving multiple states are governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which aims to prevent jurisdictional conflicts and ensure due process. Recently, a Florida court issued an opinion highlighting the importance of procedural fairness when a trial court relinquishes jurisdiction…