Can the Courtbase a retroactive child support calculation simply on what a party is making now? Under F.S.A. § 61.30(17), an initial support award in a dissolution proceeding may bemaderetroactive to the date of the parents’ separation, but not more than 24 months before the filing of the petition. When determining a retroactive award, the…
Did you know there is a Duval County Court approved website that allows parents to share information online regarding their parenting schedules, school events, keep track of child support and medical expenses, etc.? The website iswww.OurFamilyWizard.com. Judge Karen Cole, 4th Circuit, Duval County Family Law Judge, recently ordered the parties in one of my paternity…
How much pornography is on the computer? Is there child pornography? How did it get there? Did your children have access to view this pornography, even if access was unintentional? The answers to these questions will assist in determining whether criminal charges can be brought and if and how the existence of the pornography will…
Section 751.01 – 751.05, Florida Statutes (2011) permits an extended family member to file for temporary or concurrent custody of a minor child. Here in Duval County, there is a $401 filing fee for this type of Petition. The purpose of this law is to allow an extended family member (a relative of the child…
You may already know that Section 61.13001, Florida Statutes,has many requirements that must be fulfilled by a parent wishing to relocate with a child(ren), when that parent has been awarded, by court order, the status of residential parent, or has majortiy time-sharing with the minor child(ren). Such requirements include filing a Petition, attaching any official…
Parents who file separate tax returns cannot both claim the same children as tax exemptions, this includes divorced parents, unmarried parents or married parents who are filing separately. The IRS may audit both returns if it discovers this error on one parent’s return. The general IRS rule is that the parent who has physical custody…
When a couple divorces and one of the spouses is a member of the armed forces, the former spouse of that military member is still entitled to a percentage of the Survivor Benefit Plan and retirement pension plans, even when the military spouse remarries.Heldmyer v. Heldmyer, 555 So.2d 1324 (Fla. 5th DCA 1990). This percentage…
A Court ordered domestic violence injunction may be dissolved or modifed if there is a sufficient showing of changed circumstances. This is done when one or both parties can show that the events or scenario that caused the injunction to be created no longer exist to justify the injunction to remain in place as originally…
If your marriage lasted for 10 years or longer and you are now divorced, you can receive benefits on your ex-spouse’s record, regardless of if they have remarried, so long as you meet the following requirements: You must be62 years of age or older; You must be unmarried; Your ex-spouse is entitled to receive Social…
If you have never been married to the father of your child and have no current court order in place that deals with custody, or timesharing, then you probably have sole parental responsibility and 100% timesharing by default of the law! Unless and until the father of the child takes some action in court to…