Category: Blog

Ah, the holidays! The Christmas trees, the eggnog, the hustle, the bustle, the arguing with your ex over timesharing with the kids . . .. Few things can put a damper on what is usually the best time of year for children like seeing their parents stressed and arguing over who gets them and when. A thoughtful and well-drafted parenting plan can go a long way toward ensuring your family’s holiday season is a joyous and tranquil one.

Child support is, often, one of the most integral portions of a dissolution or paternity matter. The court is able to determine and order both temporary and permanent child support. Public policy in the State of Florida establishes that each parent has a fundamental obligation to support his or her minor child. However, what is often not common knowledge is that the law also establishes that each parent has an obligation to support his or her legally dependent child, as well. This can also extend beyond the age of eighteen (18).

Leasing property can sometimes come with unexpected difficulties. Situations may arise where a landlord needs to terminate a leasing agreement before the end of the leasing period. Chapter 83, Florida Statutes, governs residential rental agreements in Florida and provides statutory requirements that a landlord must follow to legally terminate a lease early. As a landlord, it is essential to understand these laws or to contact a knowledgeable attorney to ensure compliance with Florida’s laws that serve to protect both landlords and tenants.

A Florida Circuit Court order required one party in a divorce to pay the other's attorney's fees and further ruled that the fee award was not dischargeable in bankruptcy. In a recent ruling, the Third District Court of Appeals reversed that lower court decision stating that the law does not allow a state court to decide the federal issue of discharge prior to the filing of any bankruptcy proceeding. The court explained that the problem with the state court's judgment is that it reached an issue of federal law that is not yet ripe for consideration. A state court is free to place language in a judgment to memorialize factual determinations or legal rulings on questions of state law that may later assist a bankruptcy court in deciding, as a matter of federal law, the dischargeability of obligations created by the judgment.

Rice Law Firm has been closely following the changes in the law this year on several areas of marital and family law, as shown from our previous blogs. As an update on the issue of alimony in the state of Florida, the ‘Alimony Reform Bill’ that passed both chambers of the Florida legislature during the 2023 Florida legislative session earlier this year, was sent to Florida Governor DeSantis’ office for review. The Governor approved the bill on June 29, 2023, which become law in Florida, effective July 1, 2023.

Divorce, although common, is an often complicated and emotionally charged process. Understanding the intricacies involved, particularly when it comes to serving divorce papers, is critical. This comprehensive guide, designed for residents navigating the Volusia County family law system, aims to shed light on the various stages of this crucial process under Florida law. Commencing the […]