PARENTING & TIME-SHARING §61.13(3) Part 3 of 9 | Divorce Attorney Fort Myers/Naples Factors Florida Courts Consider when Awarding Time-Sharing/Custody  (b) The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.  Do both parents have a car? A car seat for small children? Do…

PARENTING & TIME-SHARING §61.13(3) Part 2 of 9 | Divorce Attorney Fort Myers/Naples Factors Florida Courts Consider when Awarding Time-Sharing/Custody (A) The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required. The parent who is…

Parenting & Time-Sharing §61.13(3) Part 1 of 19 | Divorce Attorney Fort Myers/Naples Factors Florida Courts Consider when Awarding Time-Sharing/Custody 61.13(3) For purposes of establishing or modifying parental responsibility and creating, developing, approving, or modifying a parenting plan, including a time-sharing schedule, which governs each parent’s relationship with his or her minor child and the relationship between…

Modification of Alimony Part 7 of 7 | Divorce Attorney Fort Myers/Naples Abatement/Suspension of Alimony Obligation Where the payor lacks the present ability to pay through no fault of his or her own, the payor should not be subjected to the accrual of arrearages. Bennett v.    of Revenue, 664 So.2d 33, 35 (Fla. 5th DCA…

Modification of Alimony Part 6 of 7 | Divorce Attorney Fort Myers/Naples Prospective Modification In Pombrio v. Pombrio, 29 So.3d 1208 (Fla. 1st DCA 2010), the trial court prospectively determined that the appellant’s alimony award would cease once she began receiving her share of appellee’s retirement benefit. This prospective modification was an abuse of discretion because…

Modification of Alimony Part 5 of 7 | Divorce Attorney Fort Myers/Naples Retroactive Modification A modification should be retroactive to the date of the filing of the petition seeking the modification as long as there is a finding that the payee had need and that the payor had the ability to pay at the date of…

Modification of Alimony Part 4 of 7 | Divorce Attorney Fort Myers/Naples SUPPORTIVE RELATIONSHIP (b)1. The court may reduce or terminate an award of alimony upon specific written findings by the court that since the granting of a divorce and the award of alimony a supportive relationship has existed between the obligee and a person with whom…

Modification of Alimony Part 3 of 7 | Divorce Attorney Fort Myers/Naples MODIFICATION OF PERMANENT ALIMONY Pursuant to section 61.08(8), Florida Statutes, an award of permanent alimony “may be modified or terminated based upon a substantial change in circumstances or upon the existence of a supportive relationship in accordance with s. 61.14.” Permanent periodic alimony is…

Modification of Alimony Part 2 of 7 | Divorce Attorney Fort Myers/Naples MODIFICATION OF REHABILITATIVE ALIMONY Generally, a party seeking modification or termination of rehabilitative alimony must show a material change in circumstances or achievement of the rehabilitative purpose. McCartney v. McCartney, 659 So.2d 371 (Fla. 2d DCA 1995). Additionally, if the purpose of modification is…

Understanding the Criminal Law Process Part 17 of 17 | Family Law Attorney Fort Myers/Naples Sentencing If you lose at trial, the judge will normally pronounce a sentence immediately for misdemeanors. For felony convictions, there may be a separate sentencing hearing. During that hearing evidence may be presented to argue for a harsher or less harsh sentence….

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