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Minaya Law Office, PLLC
With an office in Davie, we serve clients in Plantation, West Palm Beach, Fort Lauderdale and Miami.

South Florida Family Law Blog

Family law and back-to-school season

If your child will be returning to school in the fall, you may have a number of things on your mind. From buying clothes to helping your child adjust to his or her new schedule, back-to-school season can be quite stressful for parents and children alike. The Minaya Law Offices understands the various challenges that parents in Florida may face if they are working through these issues in addition to family law matters, such as child custody or even just dealing with the divorce process.

There are multiple reasons why it is important for you to handle family law issues properly, especially during this time of year. Although family law issues can generate uncertainty and anxiety, being prepared for any obstacles that may arise and trying to discuss what's going on with your child could be very helpful. By relieving your child of their concerns and having confidence in the way you approach your case, you might be able to enjoy some peace of mind. Additionally, you might be able to increase your chances of securing an outcome that is more favorable.

Developing a shared parenting plan

With all of the emotion that may be associated with your divorce in Davie, it may become easy to start viewing your proceedings from a “win-loss” perspective (as in every concession made in your favor being a win for you, and conversely a loss for your ex-spouse). Yet as many of the clients that we here at The Minaya Offices, PLLC can tell you, when both sides of a divorce fight for only that which is in their best interests, the court can step in and quickly deal a loss to everyone.

Perhaps nowhere is this more evident than in child custody proceedings. Your current feelings toward your ex-spouse may prompt you to try and fight for a custody agreement that is, in some way, punitive to him or her. Yet if the two of you cannot agree on custody, the court is more than happy to intercede and come up with an agreement for you (one which you both may not favor).

The basics of Florida child adoption

The rewards and improvement on overall quality of life are two of the countless benefits of adopting a child. Many Florida residents who seek to adopt a child may be wondering what details go into the process, and what legal guidelines apply. Courts can arrange adoptions in a number of ways, and the family law surrounding adoptions can differ depending on state.

Child Adoption Laws shares important, state-specific information regarding adoption laws and legal procedures. In Florida, individuals may choose domestic adoption, international child adoption, various types of assumed parenting concerning agency and private child adoption, foster care and other types of child adoption. While there is a wide selection of steps one can take when considering adopting a child, there are a number of legal risks involved with each process, including fees and regulations. Florida residents may also choose between facilitator adoption, intrastate and interstate child adoption and open and closed child adoption.

Parental alienation: How does it affect custody?

Shelly had had enough. Her husband was always late on mortgage payments, was bouncing checks, and creditors were calling constantly.

She felt isolated and alone in her marriage and was withdrawing more and more from her husband and turning to friends and family as her source of support. When this pattern continued for over a year with no change, Shelly gave up hope and filed for divorce.

Child support guidelines and resources

Child support, in legal terms, is a topic of family law that determines the payment parents must make for the financial security of a child, usually after a divorce or separation. Florida uses what is called an income shares model, or a system that holds that a child should receive the same level of income that he or she would have received if the two parents lived together.

There are strict procedures that parents must follow when arranging the specifics of child support. An obligor or obligee must pay child maintenance directly. An obligor is typically a non-custodial parent, and an obligee can be a parent, caregiver or the state. The Office of Child Support Enforcement oversees the federal child support enforcement program, and each state is responsible for determining its own child support guidelines.

How to bring up a prenuptial agreement with your partner

A number of people in happy relationships are interested in setting up a prenuptial agreement, but are worried how their partner will react. Wanting a prenuptial agreement does not mean that you are planning on divorce; instead, it removes uncertainty, and can protect both of your interests.

If you do have a crisis in your future marriage, you will already have a number of important decisions finalized, and will not have a court decide your financial future. Despite the upsides, how can you bring up a prenuptial agreement with your partner?

How does spousal support help you?

Divorcing Florida couples will likely have to deal with hashing out spousal support, also known as alimony, at some point during the divorce proceedings. The Minaya Law Offices, PLLC, works to provide you with a comprehensive understanding of spousal support and what you should expect from it.

First of all, spousal support is something that allows you to continue living at a level that you were living at during your marriage. For many people, splitting up can be a huge financial hardship, especially if one person was the primary source of income. If you're suddenly left to live off of your own paycheck when you were used to living off of two, it can be quite jarring. This is where spousal support comes in.

How relocation affects child custody

If you have gone through a divorce in Florida and are preparing to move, you may be wondering how the relocation will affect your child custody arrangements. The rules and regulations you must follow will depend greatly on how your child’s other parent feels about the move, but must also meet certain requirements regarding the situation. We at the Minaya Law Offices can help you ensure that you meet all qualifications to legally relocate and can advise you on the best way to proceed.

 

How are the best interests of a child determined?

When it comes to child custody in Florida, the courts often use the best interests of the child when making decisions. However, it can be difficult to determine what exactly that means. In this case, having a working understanding of how courts go about making these sensitive decisions is crucial for parents to remain involved in the process.

According to TheSpruce.com,  when courts attempt to determine the best interests of the child at the heart of a custody battle, they tend to look at a few different factors. For instance, a child’s age will feature heavily in the decision, with older kids being afforded more leverage when it comes to which parent they would prefer to live with. When it comes to very young children, courts often make decisions based on care of that child. To this end, the parent who is the primary caregiver of the child is often preferred.

Can your ex’s wages be garnished to collect child support?

The end of your marriage may not necessarily signal the end of your association with your spouse, particularly if the two of you have children together in Davie. You likely will continue to have to work together to raise and support your kids, with both of you contributing a good deal of your resources to their care. Oftentimes, negative feelings that exist between ex-spouses can prompt one to try and get back at the other by not fulfilling his or her parental obligations (including missing child support payments). The question is what recourse is available to you if your ex follows this same pattern.

The state of Florida allows for child support arrears to be recovered through a number of different methods. One of the most common of these is a wage garnishment. The guidelines regulating garnishments for missed child support payments can be found in Section 61.12 of Florida’s Uniform Child Custody Jurisdiction and Enforcement Act. They clearly state that the court can order that one’s wages for service be garnished for the payment of any expenses associated with the dissolution of his or her marriage, regardless of whether he or she is currently residing in the state or not.

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