Frequently Asked Questions about Family Law in Florida

Answers from a knowledgeable attorney in Pinellas County

Our family law firm knows that you have questions about family law issues, and the firm’s lawyers are pleased to provide answers on this sensitive topic. Whether you need assistance with a contentious divorce, or a lot of marital assets are at stake, our St. Petersburg divorce attorneys at The Law Firm for Family Law are poised to help you with all of your Florida divorce questions. Our firm provides individualized attention and is committed to get the results you seek.

Divorce

Child Support

Child Custody

Paternity

Contact helpful family law attorneys in Clearwater

For knowledgeable family law attorneys in Pinellas County that you can rely on, The Law Firm for Family Law in Clearwater is here to help. Call us for a free initial consultation at 727-475-6857 , on our 24-hour toll-free hotline at 727-475-6857 or contact us online .

Divorce

Can I expect to receive alimony? Do I have to pay alimony?

Alimony is spousal support payments paid by the former spouse with higher earnings and assets to the lesser-earning spouse. The determination of how much money is paid, if at all, is fact specific and unique to each couple. Florida courts have the flexibility to consider a variety of factors in setting the amount of spousal support. Our St. Petersburg divorce lawyers work with clients to ensure that income is properly accounted so that a fair alimony award is calculated.

Do I have to go to court to get divorced?

Litigation is not the only option for obtaining a divorce. The Florida divorce process allows couples to divorce by agreement as well. Mediation is a less contentious and less costly means of divorcing. As certified family law mediators by the Florida Supreme Court, our firm can assist with mediation and also litigation if alternative dispute resolution does not obtain the results you seek.

Child Support

My former spouse is not paying child support on time. What can I do?

If you former spouse is late in paying child support, or simply does not pay at all, you can seek enforcement of the original child support order in a Florida court. Whether your spouse is delinquent in child support or alimony, our skilled family law attorneys can seek an enforcement proceeding to restart your child support payments and even receive retroactive payments.

How much can I expect to receive in child support payments?

Parents have an obligation to financially support their offspring. Child support is paid by the non-custodial spouse to the parent who is living with the children full time. Under Florida law, the amount of child support is paid based upon the net income of the parents. Preparation of the Child Support Guideline Worksheet is crucial in determining the correct net monthly income. With academic and professional credentials in the field of finance and divorce, our Clearwater family law attorneys can ensure that you receive the right amount of child support to pay for your children’s necessities.

Child Custody

With which parent can my children live?

Florida courts embrace the state’s public policy that both parents shall share the parenting responsibility of their children, even after divorce. Parenting responsibility may be shared in terms of joint custody or by requiring both parents to discuss important decisions affecting their children such as education, health care and religion. The court devises a parenting plan after the parties agree on their own plan, or, when a divorcing couple cannot agree, by its own evaluation of the facts. In all cases, the court makes a decision based on the best interests of the child.

If my children do not live with me, how often can I see them?

Because Florida’s public policy supports both parents’ active participation in their children’s lives, the court aims to set visitation rights that reflect the best interests of the child. Of course, where possible, parents can agree on their own plan and submit it to the court for approval.

Paternity

My child’s father is not listed on his birth certificate. Does that make a difference?

You must establish who the child’s father is in the formality of a birth certificate for several reasons. Most importantly, it entitles you to child support to pay for your child’s necessities. In addition, your child may be entitled to receive health insurance, veteran’s benefits and/or inheritance rights from their father.

I am not sure if I fathered a child. How can I be sure?

DNA testing may be necessary to determine whether a genetic link exists between you and another person. If DNA tests suggest paternity, an attorney may still be necessary to establish your rights as a father. Your name must be added to your child’s birth certificate. If DNA tests show that you did not father a child, then nothing further needs to be done unless the mother falsely claims that you are the father. In that instance, you should hire a skilled paternity lawyer to protect your rights.