Florida Statutes create the guidelines for establishing the child support obligations from one parent to the other, but what happens if the obligated parent doesn’t use their allotted time-sharing? Florida Statute Chapter 61 establishes the ramifications for those who are ordered to pay child support but don’t use their allotted time-sharing with the child/ren. Essentially, […]
It’s common for spouses to separate prior to, or contemporaneously with, the filing of the Dissolution of Marriage petition; in fact, sometimes spouses separate years before one of them finally decides to file the petition. Sometimes the spouse who moved out ceases to contribute to the mortgage on the marital home and other household expenses, […]
Philip J. Bonamo, PartnerFlorida Bar Board Certified Criminal Defense Attorney In a recent appellate court decision, the 2nd District Court of Appeal for Florida ruled that law enforcement cannot search a vehicle only on the basis of smelling cannabis. The case stemsfrom the Tampa Bay area, when in 2023 the police, during a routine stop […]
Florida’s Probate Code protects family members who appear to have been unintentionally left out of a will because of events that happened after the document was signed. These protections live in the pretermitted spouse and pretermitted child statutes and they can reshape an otherwise tidy estate plan. A pretermitted spouse is a person who marries […]
Effective July 1, 2025, a significant change to Florida’s landlord-tenant law takes effect with the enactment of Florida Statute § 83.505. For the first time, landlords and tenants may legally communicate and deliver required statutory notices by email, provided certain conditions are met. This marks a departure from the prior legal framework, which recognized only […]
Florida Statutes create the guidelines for requesting emergent relief from the Court with regard to the emergency pick up of a minor child from the other parent. However, qualifying circumstances are extremely limited. An emergency motion for pick up is required to be verified by the filing party. This means that it must be sworn […]
Under section 61.075, Florida Statutes, the distribution of marital assets should be equal unless there is a justification for an unequal distribution. One of the factors a court will consider when determining whether to order an unequal distribution is “the intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition […]
From time to time, I will receive a call from individuals who have gone through thelengthy process under Florida law to obtain what is called an Order of Expungement to have theircriminal charge/case removed from the public record and to have the court file physicallydestroyed. They have qualified for such Order due to their criminal […]
Unjust enrichment is a well-established doctrine in Florida law that prevents one party from unfairly benefiting at another’s expense. Unlike a breach of contract claim, it does not require a written or express agreement for recovery. Instead, unjust enrichment provides a remedy where fairness dictates compensation, even when no enforceable contract exists. Unjust enrichment is […]
When most people think about estate planning, they imagine wills, trusts, and maybe a power of attorney. But there’s a lesser-known tool in Florida that can save time, money, and hassle for families — the Lady Bird Deed. A Lady Bird Deed — also called an Enhanced Life Estate Deed — lets you keep full […]