1. Mediation is required in ALL cases involving children in Florida. If you cannot settle your case without mediation, you will be required to attend.
In the State of Florida, we have a statute that deals with relocation. Frequently, we receive calls from parents that want to move out of state with their children and they don't know what they need to do, or if they even can relocate.
A Parenting Plan is required in every family court case involving children. The Parenting Plan is either an agreement entered into by the parents or ordered by the Court at the end of a hearing. Parties can have a temporary parenting plan put in place while the case is in litigation or a final parenting plan by which they are bound once it is raitified, or made into a court order. What goes into a Parenting Plan is important to know and understand.
1. Every Family Law Courtroom is different. It is important to know how things work in your particular Courtroom. For example, some counties tend to be more formal than others. Also, each county has its own local rules.
Prenuptial Agreements in Florida recently changed when the Florida Supreme Court affirmed the decision of a lower court that has attorneys baffled and scrambling to modify their standard pre-nuptial agreement language. In the case of Hooker v Hooker, the parties were married and prior to marrying they drafted and executed a pre-nup. Neither party says that the prenup was invalid for any reason - it was a good and proper pre-nup. It said that each would retain their own premarital property as non-marital assets including appreciation on those properties. There existed 2 properties purchased by the Husband. After a 23 year marriage while divorcing the Wife argued that both properties were marital because the Husband had intended them to be gift made to her as his Wife during the marriage. One of them the couple lived in together as a family in FL and it was deeded in Trust for the Husband. The other was titled in Husband's name alone and the family used it as a summer home in NY. The Husband paid for this home out of his separate money and upkeep of the property as well. The court found that despite titles and despite the pre-nup the family treated the properties as marital and therefore they were marital. The argument also included allegations that husband displayed the intent to gift the properties to the Wife during the marriage.
Whether you are looking to change your own name or your child's name, unless you are getting married or divorced, you are going to need to file Petition for a Name Change in Florida. While the forms are not overly difficult to find or to fill out, there are several of them and it is imperative that they be completed correctly. The complete process of changing your name from drafting the forms, to filing them, to background checks, setting hearings and drafting Final Judgement and getting certified copies can be more complicated than it appears. We are frequently hired by those who attempted a DIY name change to step in an assist in completing the process.
If you lose your job in Florida and there is a child support order in place ordering you to pay child support, you MUST file for a modification of child support. If you do not file for a modification you will likely be held in contempt of Court for failure to pay and you will still owe the FULL amount due even if you were unemployed or earning less during that time. Child support is largely based on the income of the 2 parents, see our previous article for more information. So, by way of example, let's say you, as the Father are paying $800 / month in child support and that figure was Ordered by a Court at a time that you were earning $4000 / month. In November you lose your job - involuntarily, for now fault of your own.