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Articles Posted in Paternity

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Will You Be Treated Fairly in Child Support Court?

Do You Know Your Rights in Child Support Court? In a child support case, one cannot be incarcerated if they do not have the present ability to pay.  Bowen v. Bowen, 471 So.2d 1274 (Fla. 1985).  Although this case is binding on Florida courts, the author believes that self represented…

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Do I Need a Domestic Violence Injunction

What is Domestic Violence? Under the Florida Statutes, Domestic Violence is defines as “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offenses resulting in physical injury or death of one family or household member by another family or…

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FLORIDA’S RELOCATION STATUTE, DO I REALLY HAVE TO GET PERMISSION TO MOVE MORE THAN 50 MILES?

This is a question that is often asked by custodial parents.  If you live in Florida the answer is yes.  Florida has a relocation statute, and it is found at §61.13001 in the Florida Statutes.  If you have a minor child and you are divorced or no longer in a…

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What Can I Do if My License is Suspended for Failure to Meet Child Support Obligations?

If Your License is suspended for Child Support Obligations, What Can You Do? Florida law allows one’s driver’s license to be suspended when they fail to meet their support obligation.  If your license is suspended as a result of child support obligations that are not satisfied, you should understand the…

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What Do You Need to Know About Timesharing in Florida?

Why Timesharing is Important? A dissolution can be a very emotional experience for some.  This is especially true when a divorce involves children.  The current rules require that when parties have children, a parenting plan must be developed.  The parenting plan details parental responsibility, timesharing (formally referred to as visitation),…

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What You Need to Know About Mandatory Disclosure in Florida

How do you and your spouse share the finances? Most married couples have their finances mixed together. For instance, it is not unusual for a married couple to share credit cards, savings and checking accounts, real estate, and other property.  When parties go through a dissolution, these finances must be…

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DISESTABLISHING PATERNITY AND TERMINATING CHILD SUPPORT

Few people want to accept responsibility for a lifelong obligation that they were not responsible for.  There is more than one way under Florida law to create a parental relationship with a child.  Not all relationships in today’s society follow the model that involved a two parent family whereby the…

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Do You Need A Prenuptial Agreement?

There may be some negative stereotypes that are associated with Prenuptial Agreements.  Typically, neither party wants to detract from the blissful atmosphere typical prior to a wedding.  However, a Prenuptial Agreement can also help preserve a marriage.  This is because there is certainty as to how things will terminate should…

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Litigation After Divorce. Do You Know Your Rights?

It is important to know your rights following a divorce.  The final judgment of dissolution and the parenting plan determine the legal playing field for the future.  However, most issues are dynamic.  Children get older and their schools change and sometimes their relationship with parents change.  Incomes change, which can directly impact child support…

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Is An Uncontested Divorce In Your Best Interest?

An uncontested divorce is a proceeding to return two married persons to the status of being single in which all of the details of the divorce are reached with an out of court agreement.  As a practicing family law attorney for more than 15 years, it is my opinion that…

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