Alimony & Spousal Support In Florida

Alimony issues in divorce cases can be tough. It’s not hard to tell whether either spouse will need (or have the ability to pay) the other any alimony at all. There are different kinds of alimony to consider, discuss and possibly litigate. Finally, there are different factors that a court must consider when ruling on alimony disputes, together with “any other factor necessary to do justice and equity between the parties.”Whether you hope to receive or expect to pay alimony/spousal support in your divorce, you should get a solid understanding of your rights and the legal considerations that will shed light on the spousal support issues that your divorce will present. To discuss your situation with a seasoned Boca Raton alimony lawyer, contact Brodie & Friedman, P.A.

Developing a Sound Strategy

We concentrate on divorce and family law, so you can count on us to give you a good idea of what to expect if one spouse is going to need support from the other. We have earned a reputation as effective divorce trial lawyers and you can always depend on us for a well-constructed strategy to meet your objectives whether you stand to receive or pay alimony.

Types Of Florida Alimony

Spousal support/alimony can be ordered on a permanent basis, as a lump sum or a finite number of installments, and at various intermediate or minimal amounts, depending on the specifics of your case. For example, a financially dependent spouse who can become self-sufficient through vocational training or completion of a degree might receive rehabilitative alimony to cover living expenses and tuition for a limited period of time.

Other types of alimony that may be awarded in your Florida divorce case include:

Bridge-the-gap alimony: The purpose of bridge-the-gap alimony is to help a financially dependent spouse transition from married life to single life, without serious financial impact. It provides a short time (less than two years) for the individual to become self-supporting after the divorce.

Durational alimony: Many courts are moving away from awarding permanent or longer duration financial support, particularly for divorce cases involving short- or medium-length marriage unless there are special or exceptional circumstances. However, durational alimony may be available in certain situations.

In certain long-term marriages, permanent alimony may be considered. The purpose of permanent alimony is to help a dependant spouse, who could not otherwise be self-supporting, maintain the status of living established during the marriage.

Resolving Alimony Disputes: Negotiation, Mediation & Trial

The need, duration and amount of alimony can also be sensitive to the specifics of the property settlement. We can let you know whether concessions on property issues in exchange for better spousal support — or vice versa — might make sense in your situation. Generally speaking, the broad discretion of the court in determining alimony issues indicates the wisdom of resolving these questions through negotiation whenever possible. That way, you retain control of the process and don’t have to worry about the court’s consideration of “any other factor” to your disadvantage. At the same time, if a reasonable resolution can’t be reached, we will aggressively litigate your position in a contested hearing or trial. Our willingness to go to the mat for our clients is based on our ability to develop a sound litigation strategy based on your circumstances and your goals. Our Family Law Practice proudly serves the communities of Palm Beach County, Broward County, Miami-Dade County and Martin County.Contact Brodie & Friedman, P.A. today to discuss consultation—even though we may never need to take your case to court, our ability to do so from a position of strength brings immeasurable influence to negotiations across a range of disputed marital issues.

Domestic Violence

In some family law cases, domestic violence is alleged as a tactic for one side to get what they want. However, in many situations, the allegation of abuse is accurate and must be factored into any child custody and visitation orders.

Our attorneys and staff at the Boca Raton office of Brodie & Friedman, P.A. are sensitive to the needs of individuals on either side of the violence accusations. We are committed to aggressively standing up for your rights while using our experience to get to the heart of the matter as efficiently and effectively as possible.

Domestic Violence in Family Law Situations

There are many ways to refer to domestic violence, such as domestic abuse, spousal abuse, or family violence. There are also many ways in which abuse can be inflicted. Emotional abuse and harassment are also forms of domestic violence that may never leave a physical mark. However, these types of abuse are just as damaging and can take their toll on an individual and the children throughout the course of a relationship or marriage.

It is important that you be honest with your family law attorney about the occurrence of abuse within your relationship. We can then make the determination as to how to proceed with your family law case and possibly obtaining a restraining order.

While our family lawyers provide experienced and knowledgeable counsel, our involvement in these cases is limited to family court.

We deal solely with the family law aspects of domestic violence, not the criminal.

Our Family Law Practice proudly serves the communities of Palm Beach County, Broward County, Miami-Dade County and Martin County.

Contact Brodie & Friedman, P.A. today to discuss consultation—even though we may never need to take your case to court, our ability to do so from a position of strength brings immeasurable influence to negotiations across a range of disputed marital issues.

Enforcement of Alimony, Child Support or Custody Orders in Florida

In Florida, enforcement refers to the legal means of addressing civil non-compliance with a court order. In family law, this may include non-payment of court-ordered child support and alimony or anything that is considered to be interfering with the execution of a court’s prior ruling.
Bringing a court order of enforcement for a “civil” issue, such as child custody, requires filing a motion of Civil Contempt. Here, your legal team will assist you in explaining the ways the other party is currently negligent in response to the court-ordered ruling.
Regarding situations of default alimony or child support payments, an Enforcement filing uses all legal tools available to recuperate payment, including:

  • Arrest warrants
  • Liens
  • Contempt of court
  • Garnishing income
  • Interception or seizure of assets
  • Suspension of driver license and registration
  • Suspension of business, professional and recreational licenses

Whether due to changes in circumstances affecting their ability to follow court orders or because they willfully choose not to follow the order, people don’t always follow through on their commitments. Florida laws provide a remedy for the enforcement of child or spousal support orders that go into unexcused default as well as for the enforcement of child custody/parenting plans that have been violated.

Our Attorneys Advise Clients on Either Side of Enforcement Proceedings

If you have questions about falling behind on your child support payments or you need assistance enforcing a court order for alimony after the divorce is final, our Boca Raton order enforcement lawyers at Brodie & Friedman, P.A., can advise you of your rights and options. Call 561-392-5100 or contact our family law firm online to arrange a consultation.

Alimony and Child Support Enforcement

Our attorneys represent clients who need help enforcing a child support or alimony order as well as individuals who are facing enforcement and contempt actions for failure to pay support.

Falling behind on payments?

If you go into arrears on your child support or alimony payments, you will probably get a reasonable chance to bring them current. If you don’t take full advantage of the opportunity, however, you could face serious consequences that could follow you for years. Failure to pay child support or alimony without a solid excuse is treated as a contempt of court, which can land you in jail. While our South Florida child support enforcement lawyers can work with you to help avoid the worst potential consequences of contempt, it is better to address financial concerns affecting your ability to pay before the problem gets out of hand. We can assist you with a request to modify court orders for support.

Need help enforcing support orders?

If you go into arrears on your child support or alimony payments, you will probably get a reasonable chance to bring them current. If you don’t take full advantage of the opportunity, however, you could face serious consequences that could follow you for years. Failure to pay child support or alimony without a solid excuse is treated as a contempt of court, which can land you in jail. While our South Florida child support enforcement lawyers can work with you to help avoid the worst potential consequences of contempt, it is better to address financial concerns affecting your ability to pay before the problem gets out of hand. We can assist you with a request to modify court orders for support.

Effective Guidance With Parenting Plan Enforcement

Both parents have the right to share meaningful relationships with their children. When time-sharing is denied, it affects both the parent and the child. Our attorneys at Brodie & Friedman, P.A., handle parenting plan enforcement cases involving:

  • Parents who wrongfully deny visitation rights/time-sharing rights
  • Parents who repeatedly refuse to take part in parental time-sharing
  • Parents who choose to relocate with the child without prior consent or court approval

We are adept at negotiating solutions, such as a change in time-sharing to better accommodate the needs of the parents and the children, and we offer experienced advocacy in court to enforce the existing order.
Our Family Law Practice proudly serves the communities of Palm Beach County, Broward County, Miami-Dade County and Martin County.
Contact Brodie & Friedman, P.A. today to discuss consultation—even though we may never need to take your case to court, our ability to do so from a position of strength brings immeasurable influence to negotiations across a range of disputed marital issues.

Equitable Distribution of Property & Assets in Florida Divorce

Marital property in Florida is divided according to the law of equitable distribution. This means that a couple’s property and assets are not necessarily divided 50-50 throughout the course of a divorce. The assets and property accumulated during the course of the marriage are divided equitably at the discretion of the court.

At the Boca Raton office of Brodie & Friedman, P.A., our lawyers use our years of experience and the cases we’ve handled when helping individuals with marital property division. We structure our advice and guidance in order to help clients understand the economic ramifications of the choices they have with divorce asset protection and property division.

Types of Property Considered For Equitable Division

Homes, property, and physical possessions are not the only types of assets that are subject to division. Some of the types of monetary assets and accounts that may be divided upon a divorce include:

  • 401K
  • Pensions
  • Retirement accounts
  • IRA
  • Health insurance
  • Stocks and bonds
  • Social Security disability benefits
Marital Debt Is Also Subject To Division

The debt that is accumulated by the two parties throughout the course of a marriage is also subject to equitable division. This is designed to eliminate the possibility of a large amount of debt left for the party with the lower income earning ability. We help clients understand marital debt division and how it may factor into other sects of the property division. If the debt was incurred by one spouse for their exclusive benefit it may be possible for it to be assigned to that spouse as a portion of their share of the divided debts.

Our Family Law Practice proudly serves the communities of Palm Beach County, Broward County, Miami-Dade County and Martin County.

Contact Brodie & Friedman, P.A. today to discuss consultation—even though we may never need to take your case to court, our ability to do so from a position of strength brings immeasurable influence to negotiations across a range of disputed marital issues.

High Net Worth & Complex Divorce Litigation

While there are basic elements common to every Florida divorce, high net worth divorce grows significantly more complex when more assets are at stake. Regardless of a couple’s net worth, no two divorce cases are ever the same—high asset divorce cases demand careful forensic review of all marital assets in both contested and uncontested Florida divorces.

The length of a marriage is a principal consideration in how assets will be divided. While Florida law dictates that—all other things being equal—marital assets should be divided equitably, the duration of your marriage is a determining factor in this decision.

High asset divorce often includes using experts to value marital assets. For both spouses to agree to a fair settlement all property needs to receive a fair market valuation. When necessary, a forensic accountant is used to uncover all admissible assets for appraisement. Such an appraiser will assign values for personal property such as real estate, art, jewelry, etc.

A high asset divorce will result in new tax liabilities or implications. Due to the nature of the financial transactions that occur during the settlement period, major financial tax consequences may be incurred. New tax liability is common whenever asset liquidation, alimony, property transfers and compensation are involved in a divorce settlement.

Special Considerations for Florida High Net Divorce include:

  • Child Custody and Time Sharing
  • Property Sharing
  • Separate Property
  • Assets and Investments
  • Forensic Accounting
  • Spousal Support (Alimony)
  • Business Evaluation
  • Prenuptial Agreement
  • All documentation relating to the assets, liabilities, and income of your estate will require careful review, as your spouse may attempt to hide certain assets or understate the value of items, such as artwork or furniture. High net worth couples tend to share ownership of a business or firm together, as well as real estate, and a diversified investment portfolio. Preparing for a high net worth divorce requires scrupulous financial investigation and accounting, including a detailed inventory of everything owned between you and your spouse.

    HOW ARE PROPERTY AND ASSETS DIVIDED IN FLORIDA DIVORCE?

    In general, division of assets and property in high net worth Florida divorce is held to the same rule of “equitable distribution” as all other Florida divorce cases. During divorce proceedings, the court identifies what property or assets are considered “marital” or “nonmarital,” meaning which of these is legally bound by rules of equitable division.

    According to Florida Statute 61.075, any “assets acquired during the marriage, individually by either spouse or jointly by them,” as well as “the enhancement in value and appreciation of nonmarital assets resulting either from the efforts of either party during the marriage” qualify as marital. This includes, “All vested and unvested benefits, rights, and funds accrued during the marriage in retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs.”

    In essence, this means anything of value that occurs within the timeframe of your Florida sanctioned marriage may be considered a “Marital Asset” unless otherwise defined in a prenuptial agreement.

    If instead you own or acquire assets prior to marriage, such as property, gifts or an inheritance, these may be deemed “Non-marital Assets.” Similarly, any income or equity obtained through appreciation of said assets will remain non-marital.

    Separate property, or that owned prior to marriage, may not be subject to division during divorce. Assets owned, inherited, or received as a gift before marriage typically are not divided during a divorce. Providing a history of all separate property paperwork will help to keep it from being categorized as shared.

    HOW IS A HIGH NET WORTH FLORIDA DIVORCE DIFFERENT THAN A TYPICAL DIVORCE?

    High net worth Florida couples tend to own more property and assets than average couples, making this stage of divorce lengthier and more complex. One of the most difficult issues in a divorce involving individuals of high net worth is that the couple often shares business assets, professional practices, investment accounts, multiple properties and other highly valued assets.

    A capable legal team will also apply strategy to ensure your spouse is not withholding anything from you either. At the outset of divorce proceedings, each spouse must give careful consideration to determine what assets are marital and subject to equitable distribution. It is extremely important to provide diligent accounting and not withhold anything from your spouse.

    In order to identify the stated value of any existing property and assets, a certified forensic accounting expert (CPA) or appraiser may be employed to perform the required assessments.

    Brodie Friedman’s Boca Raton divorce attorney team works with forensic experts, business accountants and other experts that handle matters which frequently arise in high net worth divorce case, including:

    • Deciding what to do with a family business
    • Obtaining a comprehensive business valuation and appraisal
    • Defining asset characterization
    • Identifying if a qualified domestic relations order is necessary for the division of retirement assets
    • Investigating suspicions of hidden assets and offshore accounts
    • Addressing tax considerations in determining alimony and child support

    Following a qualified business investigation, our accounting team can provide financial data in support of a fair market valuation of all assets and property. This appraisal will be the basis of settlement in equitable distribution. Either party may choose to compensate the other with a cash value “buyout” or the couple may liquidate the shared asset and divide the sale amount.

    WHAT ALIMONY IS LEGAL IN FLORIDA?

    Alimony is generally considered in a divorce situation where one spouse earns significantly less money than their partner and is meant to minimize the economic burden of their new individual status. Depending on the determination of the court as to whether either spouse “can pay” alimony and whether the either spouse “needs alimony,” the following types of alimony may be mandated by court ruling:

    • Bridge-the-Gap Alimony
    • Temporary Alimony (Pendente Lite)
    • Permanent Alimony
    • Durational Alimony
    • Rehabilitative Alimony

    Florida alimony payments may be ordered for payment in a lump sum amount or periodic payments for a set amount of time.

    HOW IS HIGH NET WORTH ALIMONY DETERMINED IN FLORIDA?

    In Florida, a high net worth divorce case is more likely to receive court ordered alimony payment(s) than an average Florida divorce. To determine the type and duration of alimony, the court will evaluate many aspects of the marriage so it is essential to hire a scrupulous legal team to build your in full consideration of the facts. Alimony amounts for high net worth florida divorce are in consideration of the following:

    • The length and duration of the marriage
    • Any evidence of infidelity taking place during the marriage
    • The couple’s established standard of living
    • Each individual’s age
    • The physical and emotional character of both spouses
    • Each individual’s education, career skills and general employability
    • Each individual’s previous or potential earning capacity
    • Each individual’s contribution to marriage: homemaking and childcare, education and career-building support
    • Any responsibility either spouse holds to minor children within the marriage
    • The compiled marital and nonmarital assets or property of each spouse
    • Each individual’s tax status in consideration of potential alimony payments

    WHAT IS TYPICAL CHILD SUPPORT IN FLORIDA?

    To determine an appropriate child support payment in Florida, courts will evaluate the existing standard of living and needs of children to use as a guideline. The goal is to cause as minimal lifestyle interruption as possible amidst divorce proceedings and limit any child distress caused by the new parenting arrangement.

    When courts evaluate child support payments for a high net worth divorce, they take into account all of the same factors, but make special consideration for the opportunities afforded families of greater means.

    Factors that influence the court’s decision in this regard may include:

    • Expensive hobbies
    • Private tutoring or instruction
    • Immersive summer camp
    • Employment of a nanny or au pair
    • Private school tuition
    • College tuition planning

    Simply put, wealthier parents are far more likely to consider enrolling their children in private education and to seek specialized tutoring or individual instruction in the fine arts and the court will evaluate these factors on a case by case basis.

    Our Family Law Practice proudly serves the communities of Palm Beach County, Broward County, Miami-Dade County and Martin County.

    Contact Brodie & Friedman, P.A. today to discuss consultation—even though we may never need to take your case to court, our ability to do so from a position of strength brings immeasurable influence to negotiations across a range of disputed marital issues.

Mediation, Settlement & Negotiation

Family conflicts leading to marital dissolution, custody disputes, and problems after divorce can be personally overwhelming. Divorces that involve significant assets are complex. Many issues can arise involving child custody disputes, deceit, animosity or failure to disclose assets

Bringing Expertise To Complex Florida Divorce Litigation

A complex divorce can be an emotional roller coaster ride. So many obstacles may need to be addressed. Sometimes the solutions are like looking for a needle in a haystack, the more complicated the more assured you need to be that our experienced team will handle every single detail with complete confidence.

Having completed countless high profile, complex & high asset divorces in South Florida, we are well versed in the challenges and obstacles that couples can encounter during a challenging divorce process.

A distinctive feature of the family law practice at Brodie & Friedman, P.A. is our willingness and ability to take divorce cases with complex issues to court whenever necessary to protect your interests. Our lawyers have the legal knowledge and practical courtroom skills necessary to develop and present your case on sharply disputed or highly complicated facts.

We work with CPAs and other financial experts to develop forensic evidence on such matters as:

  • Spousal support needs in light of employment experience, education and the job market
  • Marital asset valuation
  • Business asset valuation
  • Payments from marital property on a spouse’s separate debts
  • Identification and recovery of concealed assets or improperly transferred assets
  • Parenting plan issues reflecting parental fitness problems
  • Domestic violence issues

Our divorce attorneys have extensive experience representing high profile clients with high income and assets in excess of $50 million. Our sophisticated business and financial knowledge enable us to effectively address concerns that are unique to individuals of high net worth. We frequently handle cases involving family businesses, professional practices, real estate investments, offshore bank accounts, retirement accounts and other types of assets.

If you are facing a complicated and high profile divorce that could possibly be subject to media attention, we are thoroughly experienced in protecting you from unwanted exposure. Since social media is a huge channel of communication, it is important to keep out of the spotlight.
Brodie & Friedman P.A. is a trusted family law firm serving residents in Boca Raton and neighboring communities. Our attorneys have an outstanding reputation for our compassionate and professional approach to family law.

There’s nothing like a credible litigation option to keep an opponent honest in a divorce. Our reputation as formidable courtroom advocates by itself can make your spouse think twice about staking out an unreasonable position.

Our Family Law Practice proudly serves the communities of Palm Beach County, Broward County, Miami-Dade County and Martin County.

Contact Brodie & Friedman, P.A. today to discuss consultation—even though we may never need to take your case to court, our ability to do so from a position of strength brings immeasurable influence to negotiations across a range of disputed marital issues.

Parenting, Time Sharing & Child Support

Parents involved in divorce no longer argue about legal custody, primary physical custody or visitation rights. Instead, they work through the details of time-sharing arrangements in the new mandatory parenting plans required in Florida divorce since our statutes were amended, effective October 2008.

To learn how your rights and responsibilities as a divorcing parent may have changed since the new law came into effect, contact Brodie & Friedman in Boca Raton. Our lawyers have kept pace with changes in state law, court rules and public policies for as long as we have been in practice. We can help you work through the new approach to parental time sharing.

Just What Does Time Sharing Mean Exactly?

Time sharing is the term now used to cover what used to be meant by physical child custody and parenting time. Rather than making a somewhat artificial distinction between custody and visitation, the law now recognizes that labels aren’t nearly as important as the quality and depth of each parent’s relationship with his or her own children, even (or perhaps especially) after divorce.

Time sharing is an essential component of the parenting plan that divorcing parents are encouraged to develop together when their marriage dissolves. The parenting plan can address matters of basic parental responsibility, such as decisions about school, religion, travel, medical care and other matters formerly covered under the term legal custody.

Stipulations as to time sharing address the question of which parent is to be with the child at what times. Time-sharing arrangements should also take into account such details as pickup and drop-off, distance and travel times, day care, the child’s educational and social needs, holidays, and backup plans if an emergency prevents a parent from punctual compliance. Parents should also spell out things like phone, e-mail or text contact when the child is staying with the other parent.

A parenting plan should specify a detailed schedule covering a period of a year, a school year or some similar block of time with a provision for substantially similar arrangements for the following period. That detailed schedule is what constitutes the time-sharing agreement.

Child Support In Florida

Whether parents are divorced or unmarried, both parents are responsible for supporting the child, either through physical custody or financial support. In Florida, child support is based on a formula that incorporates the income of both parents, the amount of parental time-sharing enjoyed by each parent and other factors. Of course, a formula is only as good as the information that is entered into it. At the law firm of Brodie & Friedman, P.A., in Boca Raton, Florida, our goal is to ensure the proper amount of support is awarded by getting all of the facts on the table.

While Florida’s prior laws required a parent to have at least 40 percent of overnights before child support obligations would be reduced, changes to the law now allow for a reduction for parents who have at least 20 percent of overnights with the child.

Changes in Florida Laws And Guidelines

The way in which Florida calculates child support changed in 2010. Under the new laws, courts are better able to tailor an order to the situation at hand. Under Florida’s guidelines, the income of both parents, the specific amount of overnights with the child each parent has, and other financial factors are taken into consideration.

Modification and Enforcement

The amount of child support is modifiable. After a divorce, we can assist with post-judgment modifications to increase or decrease payments. These changes can be made in situations involving salary changes, changes to the needs of the child, such as medical bills, and other substantial changes.

Changes to laws in 2010 eliminated the requirement for parents to return to court once a child is emancipated to terminate child support obligations. Rather, specific termination dates are now outlined in the original order.

If child support is not being paid, our family law attorneys can petition the court to enforce the support orders. We will stand up for your rights. We have over 30 years of combined experience helping people get the results they need.

Our Family Law Practice proudly serves the communities of Palm Beach County, Broward County, Miami-Dade County and Martin County.

Contact Brodie & Friedman, P.A. today to discuss consultation—even though we may never need to take your case to court, our ability to do so from a position of strength brings immeasurable influence to negotiations across a range of disputed marital issues.

Paternity In Florida

When a paternity action is brought, we work to ensure that both of the parents understand their separate responsibilities to the child or children involved. The parents both have a right to be an active part of their children’s lives along with a corresponding duty to support the children.

A question of paternity frequently arises in one of two ways: a man is attempting to establish his right to visitation or a woman who has given birth is trying to prove paternity to ensure that the correct child support order is created. No matter the situation, establishing parentage of a child not only gives parental rights to the proper father, but also ensures the proper father is given responsibility for child support.

DNA Testing

DNA testing technology has drastically improved in recent years. A quick and painless swab from the inside of the cheek can be the key to gaining access to a child or obtaining child support. A member of our firm can explain the DNA testing process and help you request that a test be performed. Once the court has established paternity, the related custody and child support matters can be dealt with.

At the office of Brodie & Friedman, P.A., our attorneys explain the importance of establishing paternity. We have over 30 years of combined experience handling a range of family law matters, including paternity actions. Establishing paternity is essential for unwed couples if they separate and a parent seeks child custody or needs to obtain child support. Fathers’ rights and mothers’ rights, while being equal, need to be determined by a court.

Our Family Law Practice proudly serves the communities of Palm Beach County, Broward County, Miami-Dade County and Martin County.

Contact Brodie & Friedman, P.A. today to discuss consultation—even though we may never need to take your case to court, our ability to do so from a position of strength brings immeasurable influence to negotiations across a range of disputed marital issues.

Post-Judgment Modifications

Because people’s needs, capacities and circumstances have a way of changing over time, Florida family laws provide for the modification of child support, child custody arrangements (parenting plans), time sharing or alimony.

If you need a lawyer’s advice about the modification of an order or decree after the divorce is final, contact our Boca Raton modification lawyers at Brodie & Friedman, P.A., to learn about your rights and alternatives.

Helping You Modify Child Support or Parenting Plans in Florida

Getting a family court judge to grant your motion to modify a child support, a parenting plan or an alimony order will depend on your ability to prove a significant change of circumstances that relates directly to the problem at hand. In cases involving child custody or visitation modifications (time-sharing modifications), you might also have to prove that the change you propose is in the best interests of the child involved.

Common Types Of Modification

At Brodie & Friedman, P.A., our Boca Raton modification lawyers are experienced in handling of all types of family court orders, including:

  • Child support modification: Has either parent’s income increased or decreased due to a new job or losing a job? Have child care needs or health care needs significantly changed?
  • Child custody/parenting plan modification: Does a new job require you to move away, more than 50 miles? Has a change in your work schedule affecting your ability to accommodate the current time-sharing arrangement in the parenting plan?
  • Alimony or spousal support modification: Has your ex-spouse become self-supporting after a period of rehabilitation? Has he or she started living with another individual or remarried? Has your financial situation changed, affecting your ability to pay alimony?

When life changes, it is important that current court orders are adapted to accommodate those changes. Our Boca Raton modification lawyers can advise you of your rights and guide you through the legal process — whether you are requesting the modification or contesting it.

At Brodie & Friedman, P.A. our modification lawyer’s experience with Florida family law and procedure can give you a good idea of the likelihood that any proposed modification will be approved. If the change you have in mind won’t likely be granted, we’ll recommend that you save the money and trouble you would otherwise spend on a longshot court hearing. Similarly, if you’re inclined to oppose a motion for modification, we can help you pick your battles wisely.

Our Family Law Practice proudly serves the communities of Palm Beach County, Broward County, Miami-Dade County and Martin County.

Contact Brodie & Friedman, P.A. today to discuss consultation—even though we may never need to take your case to court, our ability to do so from a position of strength brings immeasurable influence to negotiations across a range of disputed marital issues.

Florida Prenuptial & Postnuptial Agreements

Marriage is an emotional and financial partnership. Post-nuptial and prenuptial agreements are becoming increasingly popular with each generation as they enter into marriage with already established financial stability.

Postnuptial and prenuptial agreements are prepared to legally protect both spouses. Nowadays, a marriage is similar to a financial arrangement so it is important to have a plan in place if that arrangement is dissolved. A legal premarital or postmarital agreement provides clear legal guidelines to each spouse after a divorce. Alternatively, a prenup or postnup could protect the final wishes of a spouse if one dies without first executing a valid will.
In the event of a divorce in Boca Raton, Florida it is vital to seek legal advice to understand the terms of a prenuptial or postnuptial agreement under Florida laws.

Prenuptial Agreement

Many people enter a marriage with meaningful assets or children from a previous marriage. A prenup agreement allows soon to be spouses the ability to decide important financial marital issues up front, avoid potential legal conflict and gain peace of mind. There could be challenges that arise in relation to these assets or child support.
Although a pre-nup is a highly flexible instrument, not all prenup agreements are created equal. A poorly conceived contract might not hold up in court if challenged. The best agreements must be based on full and fair disclosure. Each party should have adequate knowledge and a meaningful opportunity for independent legal counsel review before signing the document.

Our experienced Boca Raton prenuptial agreement lawyers will provide the kind of attorney client relationship that makes our law firm one of the top rated law offices in South Florida.

Prenuptial Agreements in Florida

A standard prenup under Florida law may include:

  • Defining, restricting or waiving alimony rights
  • Specifying or clarifying particular assets as separate
  • Defining particular indebtedness as those of one spouse or the other
  • Documenting one person’s payments toward the other person’s indebtedness
  • Defining certain spousal support or property division rights in terms of the length of the marriage
  • Addressing the disposition or retention of business assets, pensions or investments
  • Providing a lump sum settlement in lieu of alimony and property division
  • Clarifying the property rights of either spouse’s adult children from a previous marriage or relationship

In order to be enforced, a premarital contract must be substantially fair both in its terms and in the way it was negotiated and signed. This generally means that you must allow or receive ample time for review, legal advice and careful thought about the terms and what you’re being asked to give up.

Post-nuptial Agreement

A postnup agreement is much like a prenuptial agreement. Postnuptial agreements address similar issues but are prepared and executed after marriage by a divorce lawyer or family law firm.

Our Family Law Practice proudly serves the communities of Palm Beach County, Broward County, Miami-Dade County and Martin County.

Contact Brodie & Friedman, P.A. today to discuss consultation—even though we may never need to take your case to court, our ability to do so from a position of strength brings immeasurable influence to negotiations across a range of disputed marital issues.

Parental Relocation

In many divorce cases it is not so unusual that one parent might move to another location. By far this is perhaps the most difficult area of custody law. What is taken under consideration first and foremost is what is in the best interest of the child.

In some cases one parent remarries and moves away because the new spouse has a job or family elsewhere. It could be interpreted that the parent is preferring the new spouse over what is best for the child.

The court considers how relocation will affect the child and the motivation for the move.If the move is a mile away the fallout may be minimal; however, forty five minutes away can change the whole scenario. A new school district, new friends and a 90 minute round trip for visitation rights Let’s say the move is 3,000 miles away then everything changes. Transportation becomes an issue. A 3 year old cannot fly alone not to mention the cost of flying. .

These are just a few of the variables that can occur. There are many more issues that can arise involving parental relocation. Rest assured that the Florida courts are very strict when it comes to these issues, it all comes down to what is best for the child. The burden of proof rests upon the parent who moves to show that it is in the best interest of the child.

In the event that there is a court case it is advisable to have all your ducks lined up and all the information you need involving this issue.

Variables to consider when a divorce couple is facing parental relocation
  • Long distance move
  • Moving to a foreign country
  • Moving out of spite
  • Job transfer
  • School district
  • Trying to manipulate a child (“choose me… I’ll give you a car”)
  • Better location

The relocation issue can be addressed in advance through an agreement between the parties. But remember, agreements affecting the rights of children can always be reviewed by the court if circumstances change.

In cases like this, you need to feel secure in the knowledge that your lawyer will do everything in his or her power to protect your rights.

Avoiding and Resolving Parental Relocation Problems

Parental relocation is an important issue to address in cases of divorce and child custody arrangements.

The parenting plan presented to the family court will specify detailed rights, responsibilities and logistical considerations concerning each divorced parent’s access to the children, subject to minor adjustments as needs and circumstances change over time.

If a parent proposes moving away with a child, however, so that the other parent loses regular access to the child, Florida law requires the parent desiring to move to follow a procedure set forth in the applicable statute. If procedures are not followed, the parent can face serious ramifications that may affect his or her parental access under Florida law
If you need advice about your rights on either side of a proposal to relocate with a child, contact Brodie & Friedman, P.A., to discuss your situation with one of the best and seasoned Parental Relocation Lawyer.

If you’re the parent proposing relocation with a child, you should understand right away that court permission is both necessary and hard to get if the other parent opposes the move. Another option, of course, will be to negotiate for the other parent’s consent. The court will still need to find that the relocation is in the child’s best interest, but at least you won’t need to refute opposing arguments.

Florida Requirements in Parental Relocation Cases

Under Florida’s new parental relocation statute, if a parent wishes to move the child’s primary residence more than 50 miles, the parent must first obtain written consent of the other parent or obtain the court’s approval.

  • Parental relocation agreements: If the other parent agrees to the relocation, it is necessary to establish a written agreement that not only establishes his or her approval, but that also addresses how parental access will be maintained for the non-relocating parent. The agreement may address how the parenting plan will need to be modified, such as how holidays and school vacations will be divided and other changes in the visitation/time-sharing schedule. Additionally, it may address how travel costs will be allocated. Finally, the relocation agreement must be approved by the court.
  • Contested parental relocation: A parent wishing to relocate must first provide the other parent with appropriate notification and allow sufficient time for the parent to object to the relocation. If the other parent contests the relocation request, the parent wishing to relocate must request the permission of the court. The court may consider many factors, including the reasons for the move, the relationships between each parent and the child, the time spent by the non-relocating parent with the child, whether the move will enhance the quality of life for the parent and child, the effect of relocation on visitation/time-sharing, and other factors affecting the best interests of the child. While decisions are made on a case-by-case basis, in most cases, if the non-relocating parent is an involved parent, the court will probably not approve a relocation that is greater than 50 miles from the child’s primary residence.

It is important to have experienced legal counsel whether you are seeking to relocate or you are challenging a relocation request by the other parent.

Whether your rights as a parent are covered under a child custody and visitation agreement or a recent parenting plan, the lawyers of Brodie & Friedman, P.A., can advise you about your options and protect your interests in court. For additional information, contact us and schedule a consultation.

Our Family Law Practice proudly serves the communities of Palm Beach County, Broward County, Miami-Dade County and Martin County.

Contact Brodie & Friedman, P.A. today to discuss consultation—even though we may never need to take your case to court, our ability to do so from a position of strength brings immeasurable influence to negotiations across a range of disputed marital issues.

Same Sex Prenuptial Agreements and Divorce

On June 26, 2015, the Supreme Court issued a monumental ruling: all fifty states now have Marriage Equality. This was great news, because now all laws regarding marriage and divorce apply to all married couples, equally – whether same-sex or opposite-sex. They’re consistent. However, for those who married in states other than Florida, or who obtained civil unions or domestic partnerships and then later separated, the Supreme Court’s ruling raises questions.
At Brodie & Friedan, P.A., we are dedicated to helping all of our clients achieve their goals within the appropriate legal framework, even when it takes extra work and creativity. We help them resolve issues of:

  • Separation We work with adults in domestic partnerships and other relationships who need to protect their rights during this difficult time.
  • Property Division Florida law sets out guidelines for the division of finances and property during a divorce. If you are ending a relationship and have concerns about whether you can keep your house or other property, we can help.
  • Same Sex Marriage After years of struggle, same-sex marriage has now been legalized in the state of Florida. Our office specializes in all of the divorce, pre-nuptial, and post-nuptial options that are now available to all couples.
  • Estate Planning LGBT couples have the right to protect their assets and plan for their future and the future of their families. We can assist with the creation of wills, trusts and other estate planning tools.

Though the Marriage Equality decision may seem simple at first glance, the list of issues above presents the need for complex evaluation of each family’s situation. As a South Florida firm specializing in same-sex family law, we’ve had many years of experience counseling people on these issues and we can lend our experience to your situation.

Our Family Law Practice proudly serves the communities of Palm Beach County, Broward County, Miami-Dade County and Martin County.

Contact Brodie & Friedman, P.A. today to discuss consultation—even though we may never need to take your case to court, our ability to do so from a position of strength brings immeasurable influence to negotiations across a range of disputed marital issues.