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Category: Blog

We are in the midst of the 2023 legislative session, and both the Florida House and the Florida Senate are working on a variety of new proposed legislation in Tallahassee. One such proposed law change would give fathers, whose child or children are born out of wedlock, one step closer to gaining equal parental rights.
Florida Statute 61.30 dictates the terms and requirements surrounding retroactive child support. Retroactive, or otherwise known as “back-owed,” child support, can be ordered relative to a certain period of time.
The second of several rights enjoyed by a surviving spouse (absent a proper, formal waiver) is that of “family allowance.”  Family allowance is the concept that the surviving spouse and certain “lineal heirs” of the decedent the are entitled to money during probate administration.  The policy behind family allowance is to private ongoing financial support, for those who need it, while a decedent’s assets are tied up in probate. 
The Florida Legislature is in full swing for the 2023 Legislative Session in Tallahassee, Florida,  and the Florida Senate Criminal Justice Committee is already active with 39 bills pending action before the committee.  Some of the key bills to keep an eye on this session are the following:
Often attorneys are asked, “Is the Court able to make them pay my attorney’s fees?” Clients are often concerned whether or not the opposing side will be made to pay attorney’s fees or whether they will be made to do so for the other side.
Clients and their children are often shocked to learn that a surviving spouse has certain minimum rights to the deceased spouse’s property under Florida law.  These rights exist by virtue of marriage and can only be waived in a very particular manner.  They include the right to inheritance as a “pretermitted spouse, family allowance, elective share, homestead, and preference in appointment as personal representative.  For part one of this multi-part blog, I will address the concept of a pretermitted spouse and family allowance.
Generally speaking, a person’s alimony obligation terminates if his or her ex-spouse gets remarried. In some states, such as Florida, laws have been passed allowing alimony to be terminated if one’s former spouse enters into a supportive relationship. A supportive relationship is, simply put, two unrelated persons holding themselves out as spouses who reside together and provide support or services to one another. Florida’s divorce laws notwithstanding, divorcing spouses are free to craft their own agreements as to alimony and the reasons for which it can be terminated.
Taxes issues and consequences are a continuous fact of life. It is important, to look at tax effects and tax consequences when you are going through a divorce. The following is an outline of some of the important things to consider as part of your divorce case.
Chapter 61 of Florida Statutes covers an array of topics that surround parenting issues, to include parental decision making for minor children. Every family and every case has a different set of circumstances but the consistent factor throughout the court’s consideration in a parenting plan is the best interests of the children. When it comes to parental responsibility, the best interests of the child vary from case to case.
I consult on a regular and consistent basis with parents that want to try and go back to modify or change their parenting plan that usually involve aspects of requests to modify parental responsibility and timesharing of their minor child(ren).  What I am listening to and trying to determine is if the set of facts and circumstances that I am told about in these consults rise to the legal level for a modification.