Posts in the ‘Information’ Category

Florida Child Support Overpayments: Are Voluntary Overpayments Entitled to Credit Against Your Future Child Support Obligation?

  If you are a parent who has made additional child support payments voluntarily so that your child(ren) is/are fully provided for, you may be wondering if you can apply those overpayments towards your future child support. In other words, are you entitled to a credit against your future child support obligation for the excess

Application of Laches to Bar Enforcement of Claim For Child Support Arrearage

If you were ordered to pay child support and over time have fallen behind on that obligation, you may be wondering about the other party’s ability to bring an enforcement action on that child support arrearage. So are there any time limits to bringing a claim for such child support arrearage? Although there is no

Grounds For Setting Aside A Florida Default

So a lawsuit has been filed and the Respondent/Defendant has been served. However, what happens when the Respondent/Defendant fails to submit a response? When the Respondent/Defendant fails to respond, the Petitioner/Plaintiff may have the Clerk of Court move with the entry of a Default against the Respondent/Defendant. Specifically, pursuant to Rule 1.500(a), “[w]hen a party

Divorcing a Missing Spouse in Florida

So you want a divorce and you are ready to file. You commence your divorce action by filing your Petition for Dissolution of Marriage along with other pertinent documents and you have the Clerk of Court issue the Summons. Now you must serve your spouse. In order to effectuate service, you engage the Sheriff’s Office

Life Insurance Considerations in a Florida Divorce

When alimony and/or child support is at issue, Sections 61.08(3) and 61.13(1)(c) of the Florida Statutes authorize a trial court to require a party who is ordered to pay alimony and/or child support to purchase or maintain a life insurance policy to secure such an award(s). Specifically, Section 61.08(3) of the Florida Statutes provides as

Complying with the 120-Day Service Rule When a Spouse is in Hiding From The Process Server

When you file your action for dissolution of marriage, unless your spouse has waived or will waive formal service of process, you would need to get your spouse formally served with the divorce papers in order to move forward with your divorce action. Although it is quite typical for the Respondent spouse to get served

Considerations When Determining Whether Or Not To Join a Business Entity As A Third-Party Defendant In Your Florida Divorce Action

When a couple decides to move forward with a divorce, as part of that dissolution of marriage action the parties’ marital assets and debts become subject to Florida’s equitable distribution scheme. If the parties are also parents to a minor child(ren), a parenting plan with time-sharing schedule along with the child support is also established.

Can I Serve as a Personal Representative of a Florida Estate? It Depends on Who You Are and What You Did

“Subject to … limitations …, any person who is sui juris and is a resident of Florida at the time of the death of the person whose estate is to be administered is qualified to act as personal representative in Florida.” Section 733.302, Florida Statutes (2016). So what are those limitations or exceptions? Pursuant to

I am in Florida and I Want a Divorce – Where Do I File?

At first glance the question of where to file for a divorce may not appear that complicated. However, there are times when this issue of where to file can become a hotly contested issue. It is therefore best to either agree on venue or file in the right county in the first place. So where

The Significance of a Financial Affidavit in a Florida Family Law Case

Virtually every family law case requires the completion and the filing of a financial affidavit. In fact, a financial affidavit is required to be filed in any proceeding for temporary financial relief as well as in any proceeding for an initial or supplemental request for permanent financial relief, including, but not limited to, a request

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