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The Florida Premarital (Prenuptial) Agreement Statute

October 8, 2015 by  
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The Florida Premarital (Prenuptial) Agreement Statute provides some definitions, formalities, minimal restrictions on what the parties to a premarital or prenuptial agreement can agree to and states some of the circumstances when it will be unenforceable.  Beyond the statute there is case-law dealing with premarital and prenuptial agreements to consider.  If you want to consider a  premarital or  prenuptial agreement you should contact an attorney to help.

If you need to talk to a lawyer or attorney about a premarital or prenuptial agreement contact our lawyers and attorneys to arrange a consultation on (786)539-4935

The statute provides:

61.079 Premarital agreements.

(1) SHORT TITLE.—This section may be cited as the “Uniform Premarital Agreement Act” and this section applies only to proceedings under the Florida Family Law Rules of Procedure.
(2) DEFINITIONS.—As used in this section, the term:

(a) “Premarital agreement” means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.
(b) “Property” includes, but is not limited to, an interest, present or future, legal or equitable, vested or contingent, in real or personal property, tangible or intangible, including income and earnings, both active and passive.
(3) FORMALITIES.—A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration other than the marriage itself.
(4) CONTENT.—

(a) Parties to a premarital agreement may contract with respect to:

1. The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
2. The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
3. The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
4. The establishment, modification, waiver, or elimination of spousal support;
5. The making of a will, trust, or other arrangement to carry out the provisions of the agreement;
6. The ownership rights in and disposition of the death benefit from a life insurance policy;
7. The choice of law governing the construction of the agreement; and
8. Any other matter, including their personal rights and obligations, not in violation of either the public policy of this state or a law imposing a criminal penalty.
(b) The right of a child to support may not be adversely affected by a premarital agreement.
(5) EFFECT OF MARRIAGE.—A premarital agreement becomes effective upon marriage of the parties.
(6) AMENDMENT; REVOCATION OR ABANDONMENT.—After marriage, a premarital agreement may be amended, revoked, or abandoned only by a written agreement signed by the parties. The amended agreement, revocation, or abandonment is enforceable without consideration.
(7) ENFORCEMENT.—

(a) A premarital agreement is not enforceable in an action proceeding under the Florida Family Law Rules of Procedure if the party against whom enforcement is sought proves that:

1. The party did not execute the agreement voluntarily;
2. The agreement was the product of fraud, duress, coercion, or overreaching; or
3. The agreement was unconscionable when it was executed and, before execution of the agreement, that party:

a. Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
b. Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and
c. Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.
(b) If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility.
(c) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.
(8) ENFORCEMENT; VOID MARRIAGE.—If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.
(9) LIMITATION OF ACTIONS.—Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party.
(10) APPLICATION TO PROBATE CODE.—This section does not alter the construction, interpretation, or required formalities of, or the rights or obligations under, agreements between spouses under s. 732.701 or s. 732.702.

“We Want Prenup, We Want Prenup”, Prenuptial Agreements Are Not Just For Celebrities

September 24, 2015 by  
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“We want prenup” was a term thrown into the popular culture of the time by Kanye West’s song “Gold Digger”.  While people often think of a prenuptial agreement as reserved for celebrities and the mega rich any couple can benefit from one. 

Prenuptial and premarital agreements are agreements entered into by parties contemplating marriage that set forth the rights and obligations of each party in the event of death, divorce, and even during the marriage.  They can be used to delineate the assets, debts, and income that may be marital and divided should the marriage fail, and those that may remain separate and not be divided in the event of divorce.  There are only a few things that they can’t be used for which mostly relate to child issues, like determining child custody, a parenting plan, or child support.

Nobody goes into a marriage thinking it will fail but its best to plan for contingencies, just like we get insurance to protect things we own.  Prenuptial agreements can offer certainty and help to reduce the transactional costs should the worst happen and the marriage result in a divorce, leaving less to fight about and with both parties knowing where they will stand.  While it can be a little uncomfortable discussing a prenuptial agreement with a fiancé, having a prenuptial agreement can help people stay friends down the road if the relationship results in a divorce by taking the acrimony out of the divorce process itself.  If you think it’s hard to talk about consider it may be easier to negotiate with a party that loves you and wants to marry you than one that wants to leave you and divorce you already.  If you are losing the relationship with the person you thought was the love of your life you may thank yourself and they may thank you also for not adding a fight in divorce court to the process.  For the frugal among you, the cost is likely to be much less than a divorce with contested financial issues.

If you want to talk to us about a prenuptial agreement please contact our office to arrange a consultation on (786)539-4935

Florida’s Fourth District Court Of Appeals Weighs In On Prenuptial Agreements And Interspousal Gifts

September 4, 2015 by  
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In Hooker v. Hooker, the Fourth District Court of Appeals held that where the Husband purchased two properties with funds that could be traced to his premarital assets, which were kept separate by the parties’ prenuptial agreement, and the prenuptial agreement provided that any appreciation of those assets would remain separate, the only way the Wife could claim an interest in either property was by interspousal gift.

The Court then considered whether an interspousal gift had been made in regard to either of the two properties.  With respect to the property that constituted the parties’ primary marital residence through the majority of marriage and was the  site of a business in which the Wife was extremely involved, none of the facts found by trial court evidenced a clear and unmistakable intention on part of Husband to make a gift.

With respect to a second home, the facts evidenced that there had been an interspousal gift so the Wife had an interest in that property.  The court held that there was intent, delivery or possession, and surrender of dominion and control.  The Husband bought the property in a location where the Wife wanted to live, told the Wife the home was for both of them, and sent the Wife a card for their wedding anniversary with a picture of the property.  The Wife purchased  furnishings and incidentals for the home from her separate funds.  Delivery was made at the time the Wife obtained keys to property to use as her summer home.  The Wife then had unfettered access to the home and made decisions on the care and maintenance of property. The Court also held that appropriate findings had been made under the statutory factors for there to be an unequal equitable distribution of the parties interest in the property.

If you need to talk to a lawyer or attorney about a prenuptial agreement, your divorce, the division of assets and liabilities, the classification of marital and non-marital property, its valuation under the law, unequal equitable distribution, and presenting the legal arguments and evidence to the court, contact our office to arrange a consultation on (786)539-4935

Why Consult A Lawyer? Can’t I Get By Without One?

August 3, 2015 by  
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Almost every aspect of society and interaction in the United States is regulated by laws.  Whether its in the personal sphere dealing with property ownership, relationships, individual rights, health, injuries, immigration, having children, marriage and divorce , or the business sphere dealing with business formation, business relationships, taxation, employment issues, and contracts.

Most of us try to get by without involving a lawyer in our day to day lives, events, and decisions but sometimes it is better to try to get help from a lawyer to get the advice and assistance you may need earlier than being left with a bigger problem later.  I am not suggesting you ask a lawyer what to eat each day but whenever there is the potential for something to have a major impact on your life it is best to consider the legal ramifications with a lawyer first.  If not, you run the risks of not having protected yourself or being on the wrong side of the law should things not go as planned.  The right lawyer should be able to answer your questions or direct you to someone who can be it another lawyer, accountant, professional, or other source.

For instance, talking to a lawyer before getting married would give you an idea of what to expect from the law in the event of a divorce so you can protect yourself as best as possible if it ever came to that.  Presumably nobody enters into a marriage truly planning for a divorce and not everyone wants a prenuptial agreement but you should know what the consequences would be if the relationship went wrong for whatever reason and ended in a divorce.   In Florida, premarital property is not usually divided in a divorce case, however by commingling money earned during the marriage with the premarital property it may be transmuted into marital property which is subject to division.  This is just one way premarital property or a portion of it may be subject to division. You may want to know that before you commingle the funds rather than learning it for the first time as part of the divorce process itself.  

Similarly at the end of a marriage, if you are attempting to go it alone through the legal process you are not likely to realize the nuances of the law and how they affect your specific situation and make mistakes. 

While I have used marriage and divorce as an example the benefits of consulting a lawyer earlier rather than later the concept applies to most major events and decisions.  The logic applies equally to business decisions like where to incorporate, what business entity to choose, how to structure a business, hiring and employee relations, licensing, regulatory compliance, contracts, franchising, non-compete agreements, or almost anything else you care to consider.  The moral is the same get the advice you need earlier rather than later when it can be of more help to avoid the issues rather than dealing with the issues when they come up the hard way and finding out what you could have done much better to protect yourself had you known then what you learned when they did come up the hard way.

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 practice in the areas of divorce, Family law, and Civil Litigation.  We are licensed to practice law in the State of Florida. This is intended for informational purposes only and is not meant to constitute legal advice, or solicit clients outside of the State of Florida.

 

 

 

 

 

News and Events

November 13, 2012 by  
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11/23/2014 Congratulations to Kira Willig, for her service on the Board of Directors to the Miami Book Fair International for 2014 and it having been a very successful event.

8/24/2013 Michelle Williams, an avid student of Taiko Drumming – a traditional Japanese drumming ensemble style – performed along with members of the South Florida Taiko Dojo as part of the “End of Summer Block Party” fundraising event in support of the SOS Children’s Village in Broward County. The event, sponsored by Health Rehab of Coral Springs, helped raise funds in support of the SOS Children’s Village, a foster care neighborhood located in Coconut Creek which houses up to 75 boys and girls. The Village tries to ensure that these foster children are provided with a safe and secure home, nurturing family, and an array of services to help them overcome their past traumas and help build a successful future for them. These foster children have been removed from their homes by the Courts due to issues of abandonment, abuse and neglect. The Village also allows for brothers and sisters, who are typically separated while in foster care, to reunite and maintain their family connection. In addition, an 18+ After Care program has been established to help the young adults transition out of foster care after they turn eighteen.

4/2/2012 Congratulations to Kira Willig, who has been selected to serve on the Board of Directors of the Miami International Book Fair. The Miami Book Fair International was founded by Miami Dade College and community partners in 1984. Since then it has been recognized as the nation’s finest literary festival.

4/2/2013 Kira Willig was honored to be invited to attend the University of Miami School of Law’s Evening with Esquires on April 2, 2013 as a representative from the marital and family law practice area. This fabulous event gives law students the opportunity to dine and network with attorneys who practice in their desired field. The event has been held twice and Kira has been invited both times.

11/11/12 Michelle Williams participated in Out of the Darkness Walk sponsored by the American Foundation for Suicide Prevention.

11/10/12 We are proud to report Kira Willig was just quoted in a Miami Herald article on the subject of alimony  “Florida Pushes for More Alimony Reform”. Read more here: http://www.miamiherald.com/2012/11/10/v-print/3091532/florida-group-pushes-for-more.html#storylink=cpy

11/3/12 KiraWillig  was a guest speaker at the “Debate or Mediate” seminar held by the Association of South Florida Mediators and Arbitrators in Fort Lauderdale, Florida.

10/20/11 Kira Willig presents to Miami Lakes Bar Association on  drafting and defending prenuptial, postnuptial, and cohabitation agreements, as well as methods to act ethically, protect the client, and limit attorney liability. Read more here: http://cdo.law.miami.edu/?s=willig

7/23/12 Kira Willig was a workshop presenter Florida Dispute Resolution Center 20th Annual Conference for Mediators and Arbitrators.

10/18/11 Kira contributed to The Law School Decision Game: A Playbook for Prospective Lawyers by Ann K. Levine.

5/18/11 Robert Hanreck and Kira Willig give presentation to Judges, attorneys and professionals at Lunch and Learn series on the effective examination and cross-examination of Court appointed professionals.  

 American Airlines sued over injury of disabled passenger in 2003. Read more here:  http://www.aviationpros.com/article/10381643/american-sued-over-injury-in-03

Divorce Lawyers And Family Lawyers

May 16, 2012 by  
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We are divorce and family lawyers who care about our clients and work hard to obtain favorable outcomes for them. Our divorce and family lawyers have assisted clients with contested and uncontested divorce, custody and visitation (parenting plans), equitable distribution, alimony, high asset divorce, prenuptial agreements, marital agreements, child support, domestic violence, relocation, enforcement, issues related to members of the military and armed services, contempt, and modification issues.  We regularly represent clients with divorce and family cases in Miami-Dade and Broward counties.  When needed we have helped clients elsewhere throughout the state.  Our law office is located just across the street from the Miami Family Law Courthouse, the Lawson E. Thomas Justice building. 

Divorce and family law cases can be highly emotional and traumatic.  You need a divorce and family lawyer who understands and can help.  Marriage partners often do not know what the law provides for or requires of them. Court clerks and judges are not meant to give legal advice, only a lawyer should do so. Statutes and court rules must be strictly followed or you can loose your rights. You should consult with a divorce and family attorney to get answers to your questions as to your rights in a divorce, your children’s rights, your property rights and your rights and responsibilities resulting from the marriage. We can understand and analyze your unique situation to help you to make decisions in your best interest and the best interests of your family and help you to try to achieve your goals.

 

Call our divorce and family lawyers for a consultation, get the advice you need, and if you have to go to Court go prepared with us.  Call us to schedule a consultation on (786) 539-4935.

Common Issues In A Divorce Case

In Florida a divorce case is known as a “dissolution of marriage” action. Either spouse can initiative a dissolution of marriage action through the filing of a petition for dissolution of marriage claiming the marriage is “irretrievably broken”. Florida is often referred to as a no fault divorce state. While fault is not considered for the purposes of granting a divorce it may be considered under certain circumstances in the award of alimony, equitable distribution of marital assets and liabilities, and establishing parenting plans.

To obtain a dissolution of marriage it needs to be established that there is a valid marriage in existence, the husband or wife has been a Florida resident for six month before the filing of the petition, and that the marriage has become irretrievably broken. A court can also grant a dissolution of marriage where a spouse has been  mental incapacitated  for at least three years preceding the filing of the petition for dissolution of marriage.

Each divorce and family law case is different and results vary. The distribution of debts and assets, spousal support, and issues concerning children like time-sharing and child support may become hotly contested matters.  If there is no contest on the issues an uncontested divorce based upon an agreement may be the best course.

Below is some basic general information relating to Nuptial Agreements, Dissolution of Marriage/Divorce, Property Division, Alimony, Taxes, Parenting Plans, Child Support, Paternity Actions, Domestic Violence, Relocation and Appeals.  

No two cases are identical so if you want specific information call us to schedule a consultation on (786) 539-4935.

NUPTIAL AGREEMENTS 

There are two main types of nuptial agreements: prenuptial agreements and postnuptial agreements. Prenuptial/Pre-nuptial/premarital/pre-marital/antenuptial/ante-nuptial agreements are agreements entered into by the parties contemplating marriage prior to marriage that set forth the rights and obligations of each party in the event of death, divorce, and during the marriage. Postnuptial/post-nuptial/postmarital/post-marital agreements are agreements entered into after marriage that set forth the rights and obligations of each party in the event of death, divorce, and during the marriage. Postnuptial agreements can be used when no divorce is contemplated or when divorce is not imminent. When divorce is imminent, postnuptial agreements are referred to as separation/settlement agreements.

Nuptial agreements can provide for the protection of assets in the event of divorce of the parties, the distribution of the parties’ assets in the event of the death of a party or the obligations of each party during the marriage.  If you are considering such an agreement it is important you consult with a divorce lawyer who practices in the area of prenuptial and postnuptial agreements to make sure your rights are properly protected.  Call us to schedule a consultation on (786) 539-4935.

To read more about prenuptial and premarital agreements

DISSOLUTION OF MARRIAGE/DIVORCE 

There are two tracks to obtain a divorce in Florida.  The regular dissolution process and  a simplified dissolution process.  The simplified dissolution of marriage is designed to make things simpler when the parties do not have children, are not seeking alimony,  and can agree to the distribution of marital property, assets, and liabilities between themselves. The regular divorce route applies where the parties have children, may be seeking alimony, or have not reached an agreement on the division of marital assets and liabilities. Even when the regular divorce process applies the parties can still come to an agreement.

The divorce process begins a petition for dissolution of marriage. Either the husband, wife or partner in a same sex marriage may file for dissolution of marriage. The petition states what the petitioner is asking the court to do.  Once filed the petition needs to be served on the spouse.  The spouse then needs to file a response to the petition no later than 20 days after having been served with it.  The responding spouse can also file a counter petition if they want to ask the court for something beyond the resolution of the issues raised in the petition itself.

If financial relief is sought in the petition for dissolution of marriage a party is meant to provide a financial affidavit and certain financial documents. Failure to provide this information can result in sanctions.  A financial affidavit must be provided in all dissolution actions. Child support guidelines are also mandatory in all dissolution actions involving minor children and child support.  The requirement to provide financial documents, called mandatory disclosure, can be waived.

Sometimes the parties to a dissolution of marriage action are able to agree on the issues in their case.  If they do, their agreement can be written up and filed with the court as a full agreement.  The court then sets the matter for an uncontested divorce hearing.  At the hearing the court confirms the agreement of the parties, that the grounds necessary for the dissolution of marriage to be granted exist, and that the agreement and final judgment adopting it comply with the requirements of the law.

The parties can also agree to resolve some issues and have the court determine the ones that they do not agree on.  In such circumstances a partial agreement can be filed with the court and a  hearing sought as to the remaining issues the court needs to decide. 

If there is no agreement between the parties the court will likely send the parties to mediation to attempt to encourage a settlement before setting the case for trial.

Mediation is where a mediator attempts to assist the parties negotiate a resolution to their case.  With very limited exceptions what is said during the course of a mediation is confidential. Usually a mediator goes between the parties to relay their positions, concerns, offers, and counter offers.  Each side has a chance to hear where the other side is coming from, consider the strengths and weaknesses of their case, and attempt to reach a resolution of the contested issues in their case.

Where no agreement can be reached the issues will be determined by the court at trial based upon the testimony and evidence presented. 

We can analyze your unique situation, guide you through the process and  help you to make decisions in the best interest of you and your family. If you want a divorce lawyer to try to assist you reach an agreement or litigate your case we can help.  Call us to schedule a consultation on (786) 539-4935.

PROPERTY DIVISION

As part of a divorce the court will divide any marital debts and assets thorough a process that is called equitable distribution. Assets and debts are identified and it is determined if they are marital or non-marital and how they should be fairly divided between the parties.  Assets commonly include things like real property, personal property, vehicles, pensions, 401k plans, equities, stocks, bonds, cash, and money held in bank accounts.  Debts commonly include things like mortgages, equity lines, credit card accounts, and other such liabilities.  Usually assets and debts that are incurred during the marriage are considered marital while those that were not are considered non-marital.  How an asset or debt is titled is not necessarily dis-positive.  Issues often arise as to whether some portion or all of what may otherwise be considered a non-marital asset became marital as a result of a gift, the commingling of marital assets, or the use of marital efforts and labor.

 

Marital assets and debts are meant to be divided by the court equitably and fairly between the parties. There is a list of statutory factors for the court to consider in relation to what makes a distribution equitable and fair to the parties.  Such factors include contributions to the marriage, the length of the marriage, and the economic positions of the parties.

If you have questions concerning equitable distribution call us to schedule a consultation on (786) 539-4935.

To read more on equitable distribution.

For information about Military and Service Members divorces.

Florida Statute Section 61.075 (2015) Equitable distribution of marital assets and liabilities.

ALIMONY

Only after considering equitable distribution can a court consider if alimony is appropriate in a case.

Primary considerations include the length of the marriage, need, and ability to pay.  In awarding alimony, the court considers factors such as adultery: the parties’ prior standard of living; length of the marriage; age and physical and emotional condition of both spouses; each spouse’s financial resources and the income-producing capacity of the assets they receive; the time necessary to acquire sufficient education or training to find appropriate employment; and the services rendered in homemaking, child rearing, and education and career building of the other spouse. The court may consider any other factor necessary to do equity and justice between the husband and wife.  

There are several different types of alimony in Florida.

Rehabilitative alimony is meant to assist a party redevelop their occupational skills and financial independence.  If a party wants rehabilitative alimony they must develop a rehabilitative plan to reach identifiable goals.

Bridge-the-gap alimony is meant to help a party move from married to single life again.  It is meant to help a party with their short term needs during the transition. Bridge-the-gap alimony can be paid over time or as a lump sum.

Durational alimony may be awarded when permanent periodic alimony is inappropriate. The purpose of durational alimony is to provide a spouse with economic assistance for a certain period of time following a marriage of short or moderate length or following a long marriage if there is no  need for permanent alimony.

Permanent alimony can be awarded to attempt to assist a party maintain the same standard of living that they enjoyed during the intact marriage where a party is otherwise unable to maintain the same standard of living based upon the parties need and ability to pay.  Permanent alimony can only be awarded in certain cases.  Permanent alimony usually continues until the remarriage of the party receiving the alimony or death.

The court may also order lump-sum alimony where one party makes a one time payment or transfer of property. While adultery does not require alimony to be awarded it is a factor that the court can consider in determining if and how much alimony should be awarded.

If you have questions about alimony in your case call us to schedule a consultation on (786) 539-4935.

To read more about alimony click here.

To see Florida Alimony Statute Section 61.08 (2015) click here.

TAXES

Taxes can be an important consideration in a divorce. Issues can arise as to how the tax dependency for any children, child support, alimony, or property distribution will affect the parties taxes.  It is wise for you to consult with an accountant during the divorce process so you know the tax consequences of your decisions or the decisions of the court.

For information about IRS rules relating to the dependency deduction for children.

PARENTING PLANS (CUSTODY/VISITATION)

Public policy in Florida favors that each minor child has  contact with both parents after the parents have separated or divorce and that parents share responsibility for all major decisions concerning their child.

In determining time sharing (custody/visitation) and parental responsibility each parent is meant to be given equal consideration.

Usually the court awards shared parental responsibility and both parents share parental rights and responsibilities with respect to their child.  Shared parental responsibility requires that parents to discuss major decisions affecting their child and attempt to reach an agreement. The parents are expected to agree or have the court decide issues that they do not agree on.  

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 harm to the child.

A parenting plan establishes whether the parties have shared parental responsibility or one part has ultimate decision making or sole parental responsibility for major decisions affecting a child.  It also sets forth the time-sharing schedule that the parties will have with a child.  It can also specify how and when each party is meant to be able to communicate with the child during the other parent’s time-sharing.

A court is meant to apply the “Best Interests of the Child” standard when considering a parenting plan/time-sharing/custody/visitation, and parental responsibility.

Once a judgment has been entered there needs to be a substantial change in circumstances for the modification of a parenting plan, time-sharing, custody, or parental responsibility.

Call us to schedule a consultation with one of our custody lawyers concerning the issues in your case on (786) 539-4935.

For more information about time-sharing, custody, and visitation.

CHILD SUPPORT

Parents have a legal  responsibility to support their child(ren).  Usually this legal obligation continues until a child reaches age 18, marries, is emancipated, joins the armed forces, or dies.  The responsibility is based upon the needs of the child, the income of the parents, and the time-sharing arrangements.  Statutory guidelines are used to calculate the amount of support a child needs based on the income of the parents.  Insurance and day care expenses are then accounted for in the calculation before each parent’s child proportion of the total child support obligation is determined based upon their income and time-sharing.

In a divorce or paternity case the court can can impute income to a parent if it determines that a parent is voluntarily unemployed or underemployed. First the court should decide if the unemployment that resulted in the termination of income is or was voluntary.  Then the court should decide if continuing unemployment or underemployment is the result of the lack of that parties use of best efforts to secure new employment.  

The court can impute income based upon a parent’s potential and probable earnings evidenced by  recent work history, occupational qualifications, and prevailing earnings in the community.  In support of the imputation of income, evidence can be presented as to wages based upon the parent’s qualifications, available positions the parent is qualified for,  or even the parent’s living expenses, and present lifestyle.  A party seeking to impute income must present competent and substantial evidence that the other parent can earn the amount sought to be imputed.  The court must then make specific findings based upon the evidence of the source and amount of that available income. 

Once a judgment has been entered there needs to be a substantial change in circumstances for the modification of child support if the change was not specified in the judgment.  Such a change could be based upon a change in the income of the parties or a court ordered change in time-sharing.

It is not permissible to withhold time sharing because a parent does not pay child support on time.

If you need enforcement or modification of child support you should contact us so we can seek relief from the court on the issue for you.   Call us to schedule a consultation with one of our attorneys on (786) 539-4935.

To see Florida Statute Section 61.30 (2015) relating to child support click here.

DOMESTIC VIOLENCE

We can petition for an injunction to protect you or your children against domestic violence (assault or battery by your spouse whether you are separated or not, or your former spouse), repeat violence, or sexual violence.  Whether attempting to obtain an injunction or defending against one, we can give you appropriate counsel and advice and help you gather and present the  evidence and testimony to the court. Call us to schedule a consultation on (786) 539-4935 to talk to on of our domestic violence lawyers.

 

RELOCATION

When a parent wishes to relocate more than 50 miles from their principal place of residence at the time of the last judgment or order establishing or modifying time-sharing they need to follow Florida Statute 61.13001 by either obtaining a written agreement that complies with the requirements of the statute or obtaining an order of the court allowing for the relocation through a Petition for relocation.  Failure to comply with the strict requirements of the statute when relocating can lead to adverse orders and the denial of the relocation.   Failure to timely object to a petition for relocation or comply with the statute by a parent who does not wish for the relocation to take place can also result in adverse orders and an order allowing for the relocation.  

Following the relocation statutes requirements and presenting the right evidence to the court in support or opposition to a relocation is a complicated process and should be done with the assistance of an attorney who has handled relocation cases in the past.  Call us to schedule a consultation with one of our lawyers concernin relocation on (786) 539-4935.

For more information on relocation click here.

To see Florida Statute Section 61.13001 (2015) regarding relocation with a child.

APPEALS

Where a judge rules against you in a divorce case it may be possible for you to appeal to a higher court. While a judge in a dissolution of marriage case has broad discretion it is required that the judge’s rulings and judgment comply with the law and are supported by admissible testimony and evidence presented to the court. Where a judge’s ruling does not comply with the law or is not supported by admissible testimony and evidence presented to the court an appellate court may reverse it.  You need to determine whether to appeal quickly because an appeal must be filed within 30 days of the final judgment. Call us to schedule a consultation with one of our lawyers regarding an appeal on (786) 539-4935.

For more information on appeals click here.

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April 9, 2012 by  
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Miami Lawyers Helping People with Family Law, Divorce and Civil LitigationMiami Lawyers Helping People with Family Law, Divorce, and Civil Litigation

The Law Offices of Robert J. Hanreck, P.A. is a law firm with lawyers and attorneys practicing in the areas of family law, divorce, and civil litigation. Our team of lawyers and attorneys takes pride in efficiently, aggressively, and zealously representing our clients’ best interests. We understand that not all cases proceed to trial and that sometimes resolution of the case is in the best interests of the client. However, when a case must go to trial, we go prepared.

Family Lawyer and Divorce Lawyer

Within our family law and divorce practice our lawyers have helped clients with contested and uncontested divorce, paternity, custody (parenting plans), equitable distribution, alimony, high asset divorce, prenuptial agreements (including drafting them, seeking to have them enforced, and seeking to have them set aside), marital agreements, child support, domestic violence, relocation, issues related to members of the military and services, enforcement and modification issues. We help clients be as comfortable as they can through the process, give them good advice, and try to get them the best results possible.

Paternity, Time-sharing, and Child Support Lawyer

A paternity action is a legal proceeding to legally establish the parentage of a child. Sometimes paternity is agreed to and sometimes it is disputed.  A DNA test can be used to establish or disestablish paternity.  Only after paternity has been established can the father of a child born outside of a marriage have his rights to time-sharing and parental responsibility determined by a Court. Once parentage is established in a paternity action the Court can set time-sharing (custody/visitation) and parental responsibility (decision making). Sometimes paternity is established for the purposes of child support outside of a paternity action.  When this happens and a father wants to establish a time-sharing schedule with the child and involvement in decision making the father needs to pursue a paternity action separate from the child support proceedings to do so.

Civil Litigation Lawyer

Within our civil litigation practice our lawyers have helped clients with business and contract disputes, professional malpractice and medical malpractice cases, debtor and creditor cases, vaccine claims, personal injury cases, and product liability cases.

 

Call us on (786) 539-4935 to arrange a consultation. 

We can schedule a consultation to take place in our downtown Miami office, via telephone, or potentially come to you.

 

Local areas we serve in Miami-Dade County include but are not restricted to; Miami Gardens, Aventura, Sunny Isles, Miami Beach, North Miami, Bal Harbour, Bay Harbor Islands, Surfside, Miami Shores, El Portal, North Bay Village, Opa-locka, Miami Lakes, Hialeah, Doral, Miami Springs, Sweetwater, Downtown Miami, Key Biscayne, Brickell, Coral Gables, South Miami, and Pinecrest.

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.