Alimony
What Happens if the Court Orders an Income Deduction Order (IDO)?
An IDO requires your employer to automatically withhold alimony payments from your paycheck and send them directly to your ex-spouse or through the Florida State Disbursement Unit. This ensures consistent, timely payments and creates a clear payment record. While an IDO can feel invasive, it protects you by providing documentation that payments were made on time, which is crucial if disputes arise later.
What if Alimony Is Not Paid?
Failure to pay court-ordered alimony can result in serious consequences, including contempt of court charges, wage garnishment, suspension of your driver’s license or professional licenses, liens on your property, and even jail time in extreme cases. The unpaid amount continues to accrue as a judgment against you with interest. If you’re unable to make payments due to changed circumstances, it’s critical to petition the court for a modification immediately rather than simply stopping payments.
How Is Alimony Calculated in Florida?
Florida courts consider multiple factors when calculating alimony, including the length of the marriage, each spouse’s income and earning capacity, the standard of living established during the marriage, each party’s age and health, and contributions to the marriage (including homemaking and child-rearing). The court also examines each spouse’s financial resources, education levels, and the time needed for a dependent spouse to gain education or training for self-sufficiency. Unlike some states, Florida doesn’t use a strict formula, giving judges considerable discretion—which is why experienced legal representation from Kenny Leigh & Associates is essential to ensure fair treatment.
Child Custody
If Both Parents Share Custody, Does Anyone Pay Child Support?
Yes, even with shared custody, also known as time-sharing, one parent typically still pays child support. Florida includes shared custody details when determining child support.
When Can My Child Decide Which Parent To Live With?
In Florida, there is no specific age at which a child can legally decide which parent to live with. However, judges may consider a child’s preference if the child is of sufficient age, maturity, and understanding to express a reasonable preference. The child’s preference is just one factor among many that the court takes into consideration. The judge always makes the final decision based on the child’s best interests, not solely on the child’s wishes.
What Is a Parenting Plan, and Do I Need One?
A parenting plan is a required legal document in all Florida custody cases that outlines how parents will share responsibilities and time with their children. It details the time-sharing schedule, how parents will make decisions about education, healthcare, and religion, how parents will communicate, and how they’ll handle disputes. Every custody case in Florida requires a parenting plan approved by the court, whether parents create it together or the judge imposes one after trial.
What if We Cannot Agree on a Custody Arrangement?
If you cannot reach an agreement, Florida courts require you to attend mediation, where a neutral mediator helps you negotiate a resolution. If mediation fails to resolve all issues, your case will proceed to a final hearing, where a judge will make custody decisions based on the child’s best interests. The judge will hear evidence and testimony from both parents, consider factors such as each parent’s ability to care for the child, and issue a court order that establishes parental responsibility and outlines time-sharing arrangements. This is why having experienced legal representation from Kenny Leigh & Associates is crucial. We ensure that your voice is heard and your rights are protected when custody decisions are presented before a judge.
Child Support
How Do I File for Child Support in Florida?
Child Support requests are filed with the court by petition, either as part of a divorce or paternity case or as a standalone action. You’ll need to establish paternity if the parents aren’t married and provide financial information, including income documentation.
How Do I Calculate Child Support?
Florida uses an “income shares model” where both parents’ net incomes are combined and applied to state guidelines that determine the basic child support obligation based on the number of children. The amount is then divided between parents proportionally to their incomes, and adjustments are made for health insurance, daycare costs, and overnight timesharing.
How Far Back Can Child Support Be Claimed?
In Florida, child support can generally be claimed retroactively back to the date the petition was filed, or in some cases up to 24 months before filing. Support typically cannot be ordered before the child’s birth, and the court has discretion on retroactive amounts based on the circumstances.
Can I Request Modification of Child Support in Florida?
To modify child support, you must file a Supplemental Petition for Modification and demonstrate a “substantial change in circumstances” (typically at least a 15% or $50 change in the calculated amount). Common reasons include significant changes in income, alterations in timesharing arrangements, or adjustments in the child’s needs. It’s best to hire a child support attorney to ensure the modification request is filed correctly.
How Does Child Support Back Pay in Florida Work?
Child support arrears (back pay) in Florida accrue when ordered payments aren’t made and become a judgment that doesn’t expire, with annual interest. The state can enforce collection through wage garnishment, tax refund interception, license suspension, and contempt proceedings, and arrears remain owed even after the child turns 18.
What Does the DOR Do?
The Florida Department of Revenue oversees child support payments and helps Florida citizens locate parents, establish paternity, determine assets, and establish and modify child support orders. The department monitors payments and helps a parent take action if the other parent does not pay their support on time.
Divorce
How Long Does It Take To Get a Divorce in Florida?
Uncontested divorces typically take 4-6 weeks from filing. In contrast, contested divorces can take several months to over a year, depending on their complexity and court schedules.
Can I File for Divorce in Florida Without a Lawyer?
While you can file for divorce without a lawyer in Florida, the process involves completing court forms correctly and following specific procedures. We strongly recommend that you hire a lawyer to ensure that your concerns and desires are represented throughout the proceedings. While you can file for divorce without a lawyer in Florida, the process involves completing court forms correctly and following specific procedures. We strongly recommend that you hire a lawyer to ensure that your concerns and desires are represented throughout the proceedings.
How Do I Contest a Divorce in Florida?
To contest a divorce, you file an “Answer” to your spouse’s petition within 20 days, outlining which issues you disagree with (such as asset division, alimony, or child custody), which typically leads to negotiations or trial.
Does Kenny Leigh & Associates Handle Military Divorces?
Yes, Kenny Leigh & Associates handles military divorces and lists it as one of their practice areas, with their firm specializing in family law exclusively for men throughout Florida.
Marital Assets
Are Cars Considered Marital Property in Florida?
Yes, cars purchased during the marriage are considered marital property in Florida, regardless of whose name is on the title. If you bought a car before getting married, it remains your separate property. However, if marital funds were used to pay off a car loan or make improvements to a pre-marital vehicle, your spouse may have a claim to a portion of its value.
What Is a Non-Marital Asset?
A non-marital asset is property that belongs to only one spouse and is not subject to division in divorce. Non-marital assets include property owned before the marriage, inheritances received in one spouse’s name alone, gifts given specifically to one spouse by someone other than their partner, and property designated as separate in a valid prenuptial or postnuptial agreement. These assets remain with their original owner after divorce, unless they were commingled with marital property.
What Is Considered Marital Waste in Florida?
Marital waste occurs when one spouse intentionally depletes, dissipates, or destroys matrimonial assets. Examples include excessive gambling, spending money on an extramarital affair, making lavish purchases to spite the other spouse, selling assets for less than their value, or giving away marital property without consent. When marital waste is proven, Florida courts can compensate the innocent spouse by awarding them a larger share of the remaining marital assets.
Modifications and Contempt
When Can I Modify My Divorce Decree in Florida?
You can request a modification when there’s been a substantial, material, and unanticipated change in circumstances since the original decree. This applies to child support, alimony, custody, and timesharing arrangements. For example, significant income changes, job loss, remarriage, or a child’s changed needs may warrant modification. However, property division is generally final and cannot be modified.
What Happens if My Ex-Spouse Violates Our Divorce Decree?
You can file a motion for contempt to enforce the court order. Suppose the court finds your ex-spouse willfully violated the decree (such as failing to pay support or denying court-ordered visitation). In that case, they may face penalties including fines, attorney’s fees, make-up timesharing, wage garnishment, or even jail time. The court will determine if the violation was intentional and what enforcement measures are appropriate.
Do I Need To Prove My Ex-Spouse Could Comply With the Divorce Decree?
Yes. In contempt cases, you must prove the person could comply with the court order but willfully chose not to. For example, if they failed to pay child support, you’d need to show they had the financial means to pay. If they can demonstrate a genuine inability to comply (like documented unemployment or disability), they may have a valid defense against contempt charges.
Paternity
What are Paternity Rights in Florida?
Paternity rights in Florida include legal rights and responsibilities as a child’s father. Once paternity is established, fathers can seek custody, participate in decisions on education, healthcare, and religion, and maintain a relationship with their child. However, paternity also obligates you as the father to provide child support. For unmarried fathers, paternity must be legally established before exercising these rights either through acknowledgment, a court order, or statutory law.
How Does Paternity Testing Work in Florida?
Paternity testing in Florida involves DNA tests using samples from the alleged father, mother, and child. The court can order these tests or they can be voluntary. Court-ordered tests follow strict procedures to ensure admissibility. Usually, samples are collected via cheek swab and sent to an accredited lab. Results are available in weeks, with over 99% accuracy in confirming paternity or 100% in excluding it. The court can order testing even if one party objects.
What Is Acknowledgment of Paternity in Florida?
An Acknowledgment of Paternity is a voluntary, signed statement by both mother and father claiming the man is the child’s biological father. In Florida, it’s often done at the hospital with a form from the Florida Department of Health. When signed, notarized, and filed, it legally establishes paternity without a court order or DNA test, having the same effect as a court judgment. It creates child support obligations and allows the father to seek timesharing and parental responsibility. This binding document can only be challenged within 60 days or via legal action for fraud, duress, or mistake.
How Do I Pursue the Disestablishment of Paternity in Florida?
Disestablishment of paternity in Florida lets a man challenge his legal paternity. Governed by Florida Statute § 742.18, it requires filing a court petition showing non-biological paternity, usually with DNA evidence and proof of signing an acknowledgment or being adjudicated as the father through fraud, duress, or mistake. The petition must be filed within a year of discovering non-paternity unless exceptions apply. Courts prioritize the child’s best interests; disestablishment can be denied if a parent-child relationship exists or if it harms the child. This complex legal process demands expert legal help due to strict deadlines.
How Do I File for Paternity in Florida?
To initiate a paternity case in Florida, you must file a Petition to Determine Paternity at the circuit court in the county where you, the mother, or the child lives. The petition must include details about both parents, the child, and your request for the court to establish paternity. You must serve the petition on the other parent following Florida’s rules for service of process. If paternity is contested, the court will typically order genetic testing. After testing, a hearing will be held to review the results and decide whether to establish paternity. If paternity is confirmed, the court can also address issues like child support, parental responsibility, and timesharing in the same case. Since paternity actions follow specific procedures and deadlines, consulting with an experienced paternity attorney can help ensure your case is filed correctly and your rights are protected.
Protective Orders and Injunctions
What Is a Court Injunction?
A court injunction is a legal order that requires a person to do something or prohibits them from doing something. In family law cases, injunctions are commonly used to prevent contact, harassment, stalking, or domestic violence. The court issues the injunction to protect one party from harm or unwanted behavior by another party.
What Happens at an Injunction Hearing?
At an injunction hearing, both parties present evidence and testimony to the judge, who determines whether the injunction should be granted or denied. The petitioner (person seeking protection) must prove their case by presenting evidence of threats, violence, harassment, or stalking. The respondent has the opportunity to defend themselves and present counter-evidence. The judge then decides whether to issue a permanent injunction, which typically lasts indefinitely until modified or dissolved by the court.
What Is the Difference Between an Injunction and a Restraining Order?
In Florida, the terms are often used interchangeably, but “injunction” is the official legal term for what many people call a “restraining order.” Florida law recognizes several types of injunctions for protection, including domestic violence injunctions, dating violence injunctions, sexual violence injunctions, stalking injunctions, and repeat violence injunctions. Each type has specific requirements and provides different protections, but all serve to legally prohibit contact or certain behaviors between parties.