Trial court is required to appoint a guardian ad litem to determine child’s best interests. “For example, if paternity is contested, the child’ s legitimacy is at issue, and the legal father has not had notice or an opportunity to be heard, the trial court is required to appoint a…
A putative father seeking to avoid a paternity test can raise the Privette presumption. A putative father seeking to avoid a blood test may raise the presumption in the context of his privacy interest. See Privette, 617 So. 2d at 309 n.8 (Fla. 1993) (‘By asserting a privacy interest the…
Department of Revenue in Florida Department of Revenue (DOR) can file paternity action against both legal and biological fathers. “DOR’s position is that it may file a paternity action against both the legal father and biological father, and that the issues of the best interests of the child and the…
On Behalf of Matthew Lane & Associates, P.A. | Jan 5, 2012 | Alimony It is the exceptional case where a couple’s resources are sufficient to maintain two separate households with the same standard of living. “The standard-of-living is not a super-factor” over the other considerations. Donoff v. Donoff, 940…
Alimony – Standard of Review of Trial Court’s Rulings in Florida Trial Court’s Decision on whether to award permanent alimony is subject to an abuse of discretion standard of review. “‘A trial court’s decision on whether to award permanent periodic alimony is subject to an abuse of discretion standard of…
Paying Interest on Child Support In Florida – Circuit Court Ruling A payor is required to pay interest on arrearages in child support. “We also hold that it was error for the circuit court not to require the father to pay interest on the arrearage. See id. (‘The former wife…
A final judgment awarding alimony and child support creates a presumption that the payor has the ability to pay. The payor bears the burden of proof to demonstrate that the payor cannot pay. “The final judgment of support created a presumption that the father had the ability to pay child…
Failure to exercise time-sharing results in an adjustment of child support. “We previously held that application of section 61.30(11(b) is mandatory. Seiberlich v. Wolf, 859 So. 2d 570, 571 (Fla. 5th DCA 2003). Florida law mandates a reduction in child support whenever the non-custodial parent spends a “substantial amount of…
A homestead may be sold and the funds will be protected as long as they are held for the sole purpose of acquiring a new home. “A protected homestead may be voluntarily sold, and the funds will be protected so long as they are not commingled and are held for…
In order for a putative father to be precluded from challenging a paternity determination based upon the conduct specified in Fla. Stat. § 742.18(3), he must know that he is not the child’s father and engage in the conduct specified in Fla. Stat. § 742.18(3). “Although there was evidence to…