Frequently Asked Questions About Family Law in Florida
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Do I have to be a Florida resident to get divorced in Florida?
In order to get a divorce in Florida, either you or your spouse must have been a resident of Florida for at least six months. The court allows proof of Florida residency to be made by presentation of a valid Florida driver's license issued more than six months before you file for your divorce. If you do not have such a Florida driver's license, a Florida resident who knows how long you have lived here can testify on your behalf, or can complete an affidavit. You may also use a voter registration card to prove residency. -
How is child support determined?
In Florida the specific amount of child support that must be paid by a parent is governed by law. Our Florida lawyers will estimate the amount due in your case based on the financial information you provide. Child support is based on a mathematical formula. The information which is plugged into the formula includes the gross incomes of each party, the amount paid by each party for health care for themselves and the children, the day care expenses paid by each party, the amount of child support ordered and actually paid by either party for other children, and whether the parties are utilizing a time sharing schedule where both parties have substantial time with the children, or whether the children spend the majority of their time with one parent or the other. Substantial time sharing is where a parent has 40% or more of the overnights with a child. -
How does the Court determine custody?
In Florida the Court's no longer award custody. The Court's impose a parenting plan and time sharing schedule. Neither parent is designated as the "custodial" parent and neither parent is designated as the visiting parent. Part of the parenting plan is that parents are expected to co-parent their children. The time sharing schedule determines the schedule of contact between the children and each parent. In determining the specific parenting plan and time sharing schedule the Court is required to determine the best interests of the child. Florida Statutes contains a list of factors the Court is to use to make that determination, and these are referred to as the "best interest factors." -
Will a Court change custody?
As set forth in the answer to the question, "How does the Court determine custody?" the Courts do not award custody any longer, but rather, provide for a parenting plan and time sharing schedule. If the Court previously awarded custody or primary residence (the former terminology utilized by the Courts) in a final judgment, or previously provided for a parenting plan and time sharing schedule in a final judgment, that judgment may be modified IF the party seeking the modification is able to show that there has been a substantial, material and permanent change in circumstances since the entry of the final judgment which warrants a modification of the custody, primary residence or time sharing, and ONLY after the Court finds such a change has occurred may the Court then determine if such a modification would be in the best interests of the child. -
What if I pay child support for another child?
In Florida if you have been previously ordered to pay child support for another child, and you actually pay that support, the amount of support you pay for the other child is taken into account in determining child support for any other children for whom child support is ordered later. -
How does my child's state residency impact custody?
In order for a Court in Florida to have jurisdiction to enter an order granting a party custody of a child, the child must have lived in Florida for six months before the filing of the divorce or custody action. Because of this requirement, you must sign an affidavit, which we will prepare, listing each and every place the child or children who are involved in this case have lived for the past five years, and the names of the adults who have lived with them at each address. -
How is alimony or spousal support determined?
Alimony or spousal support is based upon need an ability to pay. That is, the need of the spouse requesting alimony and the ability to pay of the spouse from whom alimony is sought. Need is determined by taking the net income the requesting spouse earns (or the amount the Court determines that spouse should be earning), and subtracting from that net income the cost of paying for the reasonable and necessary living expenses in the lifestyle to which the parties have become accustomed during the marriage. If the result is a negative number, that is the requesting spouses need. The ability to pay of the spouse from whom alimony is sought is similarly determined by taking the net income that spouse earns (or the amount the Court determines that spouse should be earning), and subtracting from that net income the cost of that spouses reasonable and necessary living expenses in the lifestyle to which the parties have become accustomed during the marriage. If the result is a positive numb -
Will a Court change alimony?
If the alimony is not designated as being non-modifiable, or if the alimony is not lump sum alimony (which is generally non-modifiable), then the Court may reduce, increase, extend or eliminate alimony, so long as the party seeking the modification shows that As set forth in the answer to the question, "How does the Court determine custody?" The Courts do not award custody any longer, but rather, provide for a parenting plan and time sharing schedule. If the Court previously awarded custody or primary residence (the former terminology utilized by the Courts) in a final judgment, or previously provided for a parenting plan and time sharing schedule in a final judgment, that judgment may be modified IF the party seeking the modification is able to show that has been a substantial, material and permanent change in circumstances since the entry of the final judgment which warrants a modification, extension or elimination.
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