Earlier this month, Florida’s Fourth District Court of Appeal released its opinion in the matter of Zelman v. Zelman, Case No. 4D14-1858 (4th DCA September 2, 2015). This opinion is noteworthy because it holds that family members have the right to participate fully in guardianship proceedings, even if they are not the petitioner. This
Divorce & Family Law
An Introduction to Alimony in Florida
By Fox Rothschild LLP on
Purpose of Alimony
Florida law allows for several types of alimony, whether it be permanent alimony, rehabilitative alimony or bridge-the-gap alimony, among others. Regardless of the type, all alimony is intended to provide support for a spouse as a result of a divorce. Alimony preserves the economic status spouses enjoyed while married. Alimony is also…
An Introduction to Child Support in Florida
By Fox Rothschild LLP on
The Statutory Guidelines
Florida courts determine the amount of child support a parent owes based on mandatory schedules, or “guidelines,” set forth in Florida Statute § 61.30. The guidelines establish the minimum needs of a child in relation to the parents’ level of income. Parties to a divorce proceeding sometimes misconstrue child support as an…
Understanding Time-Sharing Arrangements of Children in Florida Divorce Proceedings
By Fox Rothschild LLP on
Florida Statute 61.13(2)(c)(1) provides that it is the public policy of the State of Florida that children under the age of 18 have “frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved …” Section 61. 13(2)(c)(1) further provides that Florida has abolished the “presumption for…
What is the Effect of Deeding Non-Marital Property Prior to a Florida Divorce Proceeding?
By Fox Rothschild LLP on
In a Florida divorce, does property that is otherwise non-marital become marital property merely because one spouse added the other spouse to a deed? Florida’s First District Court of Appeal addressed this issue recently in McKee v. Mick, 120 So. 3d 162 (Fla. 1st DCA 2013). In McKee, the trial court classified a…
Florida Supreme Court Addresses Parental Rights Arising From a Same Sex Relationship
By Fox Rothschild LLP on
In November, the Florida Supreme Court issued a decision addressing the parental rights of two women who conceived a child through assisted reproductive technology. The case, DMT v. TMH involved two women who were in a long-term relationship when they decided to conceive a child. To do so, TMH (the “Biological Mother”) provided an egg…
Understanding the Role of a Parenting Plan in a Florida Divorce Proceeding
By Fox Rothschild LLP on
What is the purpose of a parenting plan in a Florida divorce proceeding? The legislature answered the question, in part, when it passed Fla. Stat. § 61.13(2)(c)(1). That section provides:
It is the public policy of this state that each minor child has frequent and continuing contact with both parents after the parents separate or…
Understanding Decision Making Authority Under a Florida Parenting Plan
By Fox Rothschild LLP on
Florida Statute § 61.13(2)(b) governs the contents of a parenting plan following a divorce proceeding. Under chapter 61, parties to a divorce are required to submit a parenting plan in all cases involving time sharing of minor children. Parties are required to submit a parenting plan even when the time-sharing arrangements for children are not…
Recovering Attorney’s Fees in a Florida Divorce: Need Versus the Ability to Pay
By Fox Rothschild LLP on
In a Florida divorce proceeding, courts agree that when considering whether to award attorney’s fees “need and ability to pay” is the primary consideration by the court. The purpose of the fee statute, Fla. Stat. § 61.16, is to insure that both spouses in a divorce proceeding will have a similar ability to obtain competent…
Recovering Attorney’s Fees in a Florida Divorce: Factors Relevant to the Court
By Fox Rothschild LLP on
Florida Statute § 61.16 authorizes courts to award attorney’s fees “after considering the financial resources of both parties.” Section 61.16 permits a court to award only a “reasonable amount of attorney’s fees.” This reasonableness requirement applies to both attorney’s fees and costs associated with litigation during a divorce. The critical issue for the court is…