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What is Shared Parental Responsibility?

November 17, 2017 by  
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“Shared parental responsibility” is where both parents retain full rights and responsibilities with respect to their child and in which both parents confer with each other so that major decisions affecting the welfare of the child will be determined together.  If the parties can not agree they can ask the court to decide the issue or change parental responsibility.
“Sole parental responsibility” means a court-ordered relationship in which one parent makes decisions regarding the minor child.
Where warranted by specific facts a court can order ultimate decision making authority or sole parental responsibility be given to one party. To award sole parental responsibility the court must make a determination that shared parental responsibility would cause detriment or harm to the child.  Sole parental responsibility is not usual and is only given where warranted by the specific facts of the case.

If you have questions about shared or sole parental responsibility in your case please call our office for a consultation.

Alimony Terminated Retroactively

August 10, 2017 by  
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Sometimes a change in circumstances warrants the reduction or termination of alimony.  In the case of Holli Poe Dennis v. Michael Dennis, the First District Court of Appeals for the State of Florida reversed a trial court decision that did not make the termination of alimony retroactive to the date that the Former Wife started receiving a portion of the Former Husband’s military retirement benefits.  The Court reasoned that alimony can be modified retroactively to the date of the filing of a petition for modification, and that where alimony is to be modified there is in fact a presumption that the modification should go to the date of the filing of the supplemental petition.   On the facts before it, the Court held that modification was warranted  retroactive to the date that the Wife started receiving the retirement payments.

If you need to talk to an attorney to discuss if alimony could be modified in your case based upon a substantial change in circumstances contact us for a consultation so we can evaluate your specific situation.

What Is Mandatory Disclosure?

July 6, 2017 by  
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Mandatory disclosure is a Florida family law term referring to the production of a financial affidavit and  financial documents required pursuant to Florida Family Law Rule 12.285 .  The rule applies to most initial and supplemental family law actions like divorce, paternity, and modification actions.  Mandatory disclosure is not required in adoption actions, simplified dissolution cases, contempt cases, domestic violence cases, and cases where a divorce is by publication.  The parties or court may modify these requirements, except a financial affidavit must always be filed in cases as to which the rule applies, and a child support worksheet must always be filed in cases involving children and child support.

A party must gather and provide to the other party each of the types of documents required by the mandatory disclosure rule and provide a certificate of compliance with mandatory disclosure. Required documents include things like pay stubs, tax returns, deeds, bank statements, account statements, and promissory notes.  In an initial or supplemental proceeding the rule requires that mandatory disclosure be completed within 45 days of service of the initial pleading unless there is an objection to the disclosure, agreement or motion for extension of time to do so.

The requirements of mandatory disclosure vary where temporary financial relief is being sought within 45 days of the filing of a petition.

The parties have a duty to update their financial affidavit and documents  whenever there is a material change in their financial circumstances.

If you have questions about your family case or the requirements of mandatory disclosure contact us and we can schedule a consult to help you.

Relocation Judgment That Separated Siblings Reversed

July 6, 2017 by  
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In a relocation case brought pursuant to Florida Statute Section 61.13001, siblings should not be separated from one another unless there is a compelling reason to do so.

In Sickels v Sickels, the Fifth District Court of Appeals for the State of Florida reversed a post divorce relocation judgment that separated two 15 year old twins from their 9 year old sibling by allowing the Father to relocate with the twins to Virginia but providing for the 9 year old to stay  with the Mother in Florida.  The trial court did not make a finding that there was a compelling reason for the 9 year old not to relocate with the other siblings, or that there would be some detriment to the minor child if he relocated with the Father and twins to Virginia. The Appellate Court ruled that absent such findings a judgment separating the siblings could not stand and reversed the judgment sending it back to the trial court for it to either make findings of a compelling reason and detriment to the 9 year old child or not separate the siblings from one another.

If you have minor children and wish to relocate with them it is important that you talk with a lawyer with experience in relocation cases.  If you want to talk to one of our lawyers about your situation please contct our office to schedule a consultation.

If a Change in Circumstances Supports a Change in Child Support You Need to Act Sooner Than Later

June 27, 2017 by  
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Where there has been a substantial change in circumstances like a significant change in income or a change in time-sharing that would justify a change in a child support obligation the Court can only modify the obligation back to the date of the filing of the petition for modification and not before it.  Accordingly, a party seeking a modification will want to file a petition for modification to preserve the date the Court can go back to when modifying child support.  You can not be reimbursed for child support payments made before a supplemental petition for modification was filed regardless of how unfair it may seem in some cases.

If you need to seek modification of your child support obligation or time-sharing schedule you should consult with a lawyer as soon as possible so as to make sure the Court can go back as close as possible to the date of the change in circumstances.  If you need advice in relation to the modification of child support contact us to discuss your situation.

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Disclaimer: The Law Offices of Robert Hanreck, P.A. is based in Miami , Florida and serves clients throughout the State including Miami-Dade and Broward counties. We are licensed to practice law in the State of Florida. This website is intended for informational purposes only and is not meant to constitute legal advice, or solicit clients outside of the State of Florida.