Frequently Asked Questions

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Whether a parent will be required to pay child support depends on a number of factors. A common myth in family law is that as long as the parties have equal parenting time, neither will owe child support. This is false.

​The Florida Legislature has established guidelines to be followed when determining child support. These guidelines consider shares of parenting time, but also each of the parties incomes is well as costs for health and dental insurance, out-of-pocket medical expenses, and daycare costs.

The Court is required to follow these Child Support Guidelines and may only deviate above or below the statutory mandated amount by 5-percent without specific findings of fact justifying said deviation.

Unlike child support where the Florida Legislature has established guidelines thereby creating a greater sense of certainty as to this aspect of your family law case, alimony depends on each individual case and is typically up to the Judge.

There are factors within Florida Statutes that must be considered when determining whether alimony is appropriate. The fundamental question, however, will always be whether the party seeking alimony has a financial need and whether the other party has the ability to pay. Other factors will be considered, such as the length of the marriage, the discrepancy between incomes of the parties, the standard of living during the marriage, etc.; however, the financial need versus ability to pay test is fundamental in determining whether alimony will be awarded by the Court.

Yes. There are different types of alimony available in the State of Florida. Depending on whether you are seeking to dissolve a short-term, moderate-term, or long-term marriage will play a role in determining the type of alimony to which one is entitled and ultimately the amount the other will be required to pay.

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In the State of Florida, those marriages under seven years are considered short term marriages. A union between seven and 17 years will be considered a moderate-term marriage, while those over 17 will be considered long-term marriages. It is important to note that permanent alimony is becoming less frequent in Florida courts and is most common in long-term marriage. Permanent alimony can be available in marriages that are not long-term in duration; however, these instances are rare.

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Liabilities accrued during the course of a marriage are typically shared equally by the parties. If a student loan is obtained prior to the marriage, this liability will normally be excluded from the equitable distribution calculation. 

 Mediation is a form of Alternative Dispute Resolution (ADR) and is required in all family law cases within the Second Judicial Circuit. The parties are required to meet with an independent third-party before going to trial in hopes that the case can be resolved without further judicial action.

Typically, each party and their respective attorneys will go into separate rooms, while the mediator will go back and forth extending offers and counteroffers. This process can last anywhere from 4- to 8-hours.

​Sometimes the parties will resolve all pending issues through a Marital Settlement Agreement, while other times, the parties will resolve some matters and leave others to be decided by the Judge.

 Typically, each of the parties will be responsible for paying child care expenses incurred during their parenting time; however, those expenses will be factored into the child support calculations. Each of the parties will be eligible for a credit for health and dental insurance paid for the children’s benefit, noninsured medical expenses and child care  when determining child support.