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Family Law

TO OR NOT TO DO?

  • People oftentimes think that even mentioning the word prenup is a showing of lack of trust…. Is it so?
  • Are we really thinking about the other person when deciding not to think about it?
  • Everyone wants to be fair, is it fair to only worry about things when it is too late and let emotions take over our wisdom
  • Isn’t it so much better to be prepared for the worst and hope that it never happens but if it does, to not cross any lines of respect for one another and know that things will get handled properly and not based on emotional outbursts?
  • Are there any reasons not to have a prenuptial agreement?

WILLS v. PRENUP/POSTNUP agreements!

  • Some people get confused on the difference between the prenuptial agreement and the Will.
  • Know the difference!
  • Applicable upon DIVORCE ONLY
  • Applicable upon death of one of the spouses ONLY
  • Prenuptial agreement protects both spouses
  • Will simplifies the process upon death of one of the spouses and protects both parties

CONTESTED DIVORCES CAN BECOME UNCONTESTED and VICE VERSA

MEDIATION/MSA/PRA

  • Mediation is required and is usually really helpful
  • Marital Settlement Agreement – MSA
  • Parental Rights Agreements

CHILD SUPPORT/CUSTODY

BOTH PARENTS NEED TO PAY

  • Child support is a legal duty paid by both parents. The amount of child support that the one parent pays to the other parent is determined by the Florida Child Support Guidelines. There is a formula that is used to calculate the amount of child support to be paid by both the parents.

SHARED PARENTAL RESPONSIBILITY

  • Shared parental responsibility" means a court-ordered relationship in which both parents retain full parental rights and responsibilities with respect to their child and in which both parents confer with each other so that major decisions affecting the welfare of the child will be determined jointly.

Modifications

  • Child support is always modifiable under Florida child support law, as long as the change would be at least $50 or 15% – whichever is greater. ... Any time a parent establishes the basic requirements for modification, that parent may file a petition for modification of child support.
  • As long as Alimony was awarded in the original divorce decree, Florida Statutes allow for most types of alimony to be modified or terminated when there has been an unexpected, involuntary, and substantial change of circumstances that affects the former spouse'

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