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Category: Marital and Family Law

Florida On Track for More Parental Rights to Unwed Fathers

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.
By Philip J. Bonamo, Esq. - Florida Board Certified Criminal Trial Law Attorney

Retroactive Child Support

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.
By Rice Law

The Rights of a Surviving Spouse: Part Two

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.
By Matthew Shapiro, Daytona Beach Attorney

The Rights of a Surviving Spouse: Part One

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.
By Matthew Shapiro, Daytona Beach Attorney

Parental Responsibility: Shared, Ultimate, or Sole?

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.
By Rice Law

Modification of Parenting Plan

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.
By Philip J. Bonamo, Esq. - Florida Board Certified Criminal Trial Law Attorney

Parent Communication Tools

Contemporary divorced or never married parents are expected to communicate frequently regarding the children. That said, even the best two households can get complicated.
By Elizabeth King

Do I Need Other Professional Help?

The goal of every good divorce lawyer is a final judgment dissolving the marriage, with the least financial and emotional impact for her client. No two divorces are exactly alike as each divorcing couple presents with a different set of facts.
By Elizabeth King

What are the Benefits of Filing First in a Divorce?

During a consultation, prospective clients often ask if there are any advantages to being the first one to file for divorce. Many people worry that filing first will lead the judge to believe that the filing spouse is the one “destroying” the marriage. On the other hand, some people think that filing first will give them an upper hand by putting them in control of the divorce. Neither of these notions is true. The judge does not place any weight on the first to file issue because there are many reasons leading to the breakup of a marriage. The laws of Florida are applied equally to both parties, regardless of who initiated the proceedings.
By Paul E. Rice III

How Cryptocurrency Complicates Dissolution of Marriage

All assets of a marriage are reviewed during a dissolution of marriage, including digital funds, as part of what is referred to as equitable distribution. Though not necessarily new, cryptocurrency has seen massive interest in recent years. You may have heard of Bitcoin, which remains the most popular format. While there are benefits to owning cryptocurrency, equitable distribution of assets during a divorce can become complicated when such is involved. That’s why you need by your side Ormond Beach attorneys who understand the changing landscape of finances as they pertain to a dissolution of marriage.
By Philip J. Bonamo, Esq. - Florida Board Certified Criminal Trial Law Attorney