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Family Law

Here is a collection of articles concerning the various types, causes, and claims, for family law cases we handle in Central Florida.

Common Will Questions Answered

April 15, 2013 by Elizabeth McHugh

What is the difference between a Power of Attorney and a Health Care Surrogate? If you are unavailable, or unable, to make decisions, a Power of Attorney can grant a person, who you designate, certain specific authorities. Those authorities can include, financial decisions or legal decisions or both, but not medical decisions. A Healthcare Surrogate […]

Filed Under: Estate Planning, Family Law

Child Support (some common questions answered)

August 6, 2012 by Garry

How is child support calculated in Florida? There is a formula in the statute which is known as the Child Support Guidelines. Basically, the parties’ combined net income is considered along with the number of children. The statute then gives a figure for the total support needed for the children. From this it can be […]

Filed Under: Family Law

Miscellaneous Child Custody and Support

July 27, 2012 by Garry

What if I am not married to the parent of my child? The first thing any father should do if not married to the mother of their child is to register in the Putative Father Registry.  Then the procedure to legally establish your rights and obligations is called a Petition to Establish Paternity.  If there […]

Filed Under: Family Law

Time-Sharing / Custody Questions

July 20, 2012 by Garry

What if my spouse will not let me see my children? You can go to Court immediately to get the Judge to order visitation. A party can be held in contempt of Court for failure to honor a Court’s visitation order. And if one does not honor visitation orders, that can be considered when the […]

Filed Under: Family Law

Spousal Support in Dissolution of Marriage (Florida)

July 13, 2012 by Garry

How is alimony calculated? Alimony is awarded when there is a need by one party for financial assistance and the other party has the financial ability to assist. In general, the longer the term of the marriage, and the bigger the difference in earning capabilities of the parties, the more chance for an award of […]

Filed Under: Family Law

Division of Assets in Dissolution of Marriage (Florida)

July 5, 2012 by Garry

How is property divided in Florida? As a general rule, property and debts acquired during the course of the marriage are divided 50/50 regardless of whose name it is in. Although the Courts can in an extraordinary case change the percentages. If I move out of my home, and my spouse has the exclusive use […]

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Filed Under: Family Law

General Divorce Questions

June 25, 2012 by Garry

What is the procedure to get a dissolution of marriage (divorce) in Florida? Usually, one party files a Petition for Dissolution of Marriage stating that the marriage is “irretrievably broken”; in other words it cannot be put back together through marriage counseling or any other means. There is no requirement that either party be at […]

Filed Under: Family Law

Asset Protection Planning

December 19, 2011 by Garry

Asset protection starts from the very simple concept of obtaining insurance and spans to the use of complex legal techniques described throughout these blog entries.  When properly done, asset protection planning is the implementation of special business and/or estate planning techniques in advance of any potential threat, the goal of which is to place assets […]

Filed Under: Estate Planning, Postnuptial Agreements, Prenuptial Agreements

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