Category: Divorce and Family Law

Relocation of Children After Divorce

A child relocation attorney Florida can help you litigate your petition for relocation with minor children. Your attorney will petition the court for relocation of children after divorce on your behalf. The first step is to schedule a meeting/consultation with your child relocation lawyer Florida. If you are requesting the court allow you to relocate with your child more than 50 miles away from your current principal address for a period of greater than 60 days (after the court has granted your final judgment and parenting plan), your attorney will ask you a lot of questions to help you determine the strength of your petition. These questions are designed to test the strength of your petition for relocation with minor children. Attorney Jonathan Jacobs is a divorce and family law attorney in Orlando that represents clients seeking the action and cause of Relocation Of Children After Divorce And Children’s Best Interests. Call 407-335-8113 today for a free consultation.

Relocation Of Children After Divorce And Children’s Best Interests

If you are the party seeking to prevent the moving party from moving away with your minor child(ren), your child relocation lawyer Florida will ask you questions about your family, career, health insurance, and proposed move. If you seek to prevent relocation of children after divorce, understand that winning relocation cases Florida has a lot to do with the nature and quality of your facts. Relocation Of Children After Divorce And Children’s Best Interests go hand-in-hand.Do you have family here locally with whom your child has a close bond? Do your family members help you care for your kid(s)? Is your child already attending a good school? What is the rating of your child’s school? Is your child performing well in school (Earning good grades? Doing well socially?) Do you have a secure job/career locally? Are you making enough income to support your child? These are just starter questions.

Your final judgment and parenting plan will need to be thoroughly analyzed by your child relocation attorney Florida. At that point, your child relocation lawyer Florida will compare the facts of your case as existed at the time of the final judgment and contrast them with your current circumstances involving your proposed move. For example, your attorney will seek to find fault with the relocating party’s alleged facts and prove why it is in the child’s best interests to remain at his/her primary residence. A long distance parenting plan will be required to meet the court’s minimum requirements.

Child Relocation Attorney Florida

Child Relocation Attorney Florida

Let your child relocation attorney Florida know if you are the party asking the court for relocation of children after divorce. This will reframe your attorney’s perspective on your case. Now, your child relocation attorney will build a case, based on your facts and the evidence you have provided, seeking to convince the court to grant your relocation of children after divorce. This may involve collecting documentation about your new job, health insurance, informally appraising your new housing, and inquiring about the support system you may have at your new job (pending relocation).

Ultimately, a child relocation attorney Florida will understand the perspectives of both sides. This will help him to defend against or ask the court to grant your relocation of children after divorce Florida. When you need an experienced relocation attorney Orlando, Tavares, Kissimmee, Bushnell, Brooksville, and Sanford, call the Jacobs Law Firm at 407-335-8113 for the help you need with relocation.

Florida Parenting Plan Modification

Florida Parenting Plan Modification, Modification Of Timesharing Florida

Are you seeking a Florida parenting plan modification from the final judgment in your Florida divorce or paternity case? In order to obtain a court-ordered or negotiated modification of timesharing Florida you will need to file a supplemental petition for modification of timesharing. This will allow the court to have jurisdiction to hear your supplemental petition and alert the respondent that you are seeking a change in your Florida parenting plan. Call Attorney Jacobs at 407-335-8113 today!

One of the best ways to analyze the strength of your modification of timesharing Florida supplemental petition is to look to case law precedent for guidance. There are many cases in which Florida family law courts have both denied Florida parenting plan modification petitions and granted them. Here is a listing of case law holdings regarding modification of timesharing that have been paraphrased to make them more understandable.

Case Law For Supplemental Petition for Modification of Parenting Plan Florida

In Schot v. Schot, 273 So. 3d 48 (Fla. 4th DCA 2019) the Court granted the moving party’s (person asking for the change) supplemental petition because the other parent failed to support the minor child who had a serious medical condition resulting in the child’s detriment.

modification of timesharing Florida

In the case of Wade v. Hirschman, 872 So. 2d 952 (Fla. 5th DCA 2004) the Court recognized the evidence showed the mother deliberately sabotaged the parenting plan, causing the Court to award majority timesharing to the father.

C.B. v. Dep’t of Children & Families, 879 So. 2d 82 (Fla. 4th DCA 2004) is a truly heart-wrenching case in which there had been a long history of child abuse of three prior children. Consequently, the District Court of Appeals granted the moving party’s Florida Parenting Plan Modification by nullifying the abusive parent’s timesharing.

Modification of Parenting Plan Florida

In Horton v. Horton, 257 So. 3d 1197 (Fla. 1st DCA 2018) the Court ruled on something that would seem like common sense, “If the first round of the parenting plan does not take the best interest of the child into account.” [then a modification of timesharing Florida must be granted]

Fosshage v. Fosshage, 167 So. 3d 525 (Fla. 3rd DCA 2015) is a relocation case in which the father of the child sought to have his child move with him out of state because the mother’s new husband abused their child. The court deemed this vulgar development to be a substantial material and unanticipated change in circumstances and stated the move to Wisconsin with the father was in the child’s best interests.

These cases are just a few examples of Florida parenting plan modification actions and demonstrate some of the conditions/circumstances in which Florida courts will grant a modification of timesharing Florida.

Jonathan Jacobs is a child custody attorney in Central Florida and a relocation attorney Orlando that is ready to help you modify your timesharing with your minor children. Modification of alimony and the modification of child support are challenging cases we litigate for our clients.

Unequal Distribution Divorce Florida

Unequal Distribution Divorce Florida, Unequal Equitable Distribution Of Marital Property

Many clients ask about unequal distribution divorce Florida. Clients ask about unequal distribution because they believe that in their divorce settlement or judgment, they should be the majority owner of a house, a car, or other marital property. When assessing whether our client’s claim is feasible, and/or whether their spouse has a claim for unequal equitable distribution of marital property, we like to revisit Florida case law to frame our arguments. Case law precedent is vital to winning cases.

As a starting point, Florida case holdings tell us that “The equitable distribution statute [Florida § 61.075(1)] begins with the premise that the distribution should be equal, but the trial court may make an unequal distribution when proper justification is demonstrated, Rogers v. Rogers, 12 So. 3d 288, 291 (Fla. 2d DCA 2009). Florida Statute 61.075 subsection (1) provides the factors for the family law circuit trial court to consider in making this determination. Case law makes it abundantly clear that a family law court MUST justify its unequal distribution of marital property with specific factual findings. The standard of evidence/burden of proof for both sides for unequal distribution divorce Florida is “competent substantial evidence with reference to the factors” mentioned above in subsection 1. Cooley v. Cooley, 253 So. 3d 1223, 1226 (Fla. 2d DCA 2018). In other words, your attorney should seek to enter relevant exhibits that demonstrate your assertions or defenses for unequal distribution. Your attorney may consider adhering to the statutory factors when taking testimony and presenting evidence before the court. Foley v. Foley, 19 So. 3d 1031, 1032 (Fla. 5th DCA 2009); see also, Stough v. Stough, 18 So. 3d 601, 604-05 (Fla. 1st DCA 2009).

Unequal Distribution Of Marital Property

If One Spouse Earns More, Does that Justify Unequal Distribution of Marital Property?

“The fact that the Former Husband was the primary source of income does not support an unequal distribution. When one spouse is the primary wage earner and makes a significant contribution to the marital assets, it ‘does not justify disparate treatment.’” Cooley v. Cooley, 253 So. 3d 1223, 1226 (Fla. 2d DCA 2018) Citing Horne v. Horne, 711 So. 2d 1310, 1312 (Fla. 1st DCA 1998). In Horne, the Court ruled that unequal distribution was not justified by the evidence presented to the Court, and case law often provides for unequal distribution as more of an exception than a common holding.

Unequal Distribution Of Marital Property When Wife’s Mother Paid for the House?

In the case of Franklin v. Franklin, the parties had a long-term marriage of 37 years. Franklin v. Franklin, 988 So. 2d 125, 128 (Fla. 2d DCA 2008). The Wife’s parents gave gifts to both Husband and the Wife when they were married. The Court stated that the court record from trial did not establish that the gifts given buy the parent could be considered as the Wife’s contributions to the marriage under Florida Statute 61.075(1)(g). Unequal distribution divorce Florida was not necessary to establish fairness in the parties’ divorce judgment.

school designation authority florida parenting plan

School Designation Florida Parenting Plan

One of the biggest conflicts in every divorce or paternity case involving minor children is school designation authority. Specifically, which parent will have school designation authority in their Florida parenting plan? This one singular issue often prevents the parties from coming to an agreement on a parenting plan, even when all other issues have been decided on. In order to find out why school designation Florida parenting plan is so vital to family law litigants, we must first understand what it is, and why it is so important. School issues after divorce are serious for both parents and children. Call the Jacobs Law Firm for guidance with your parenting/timesharing plan at 407-335-8113.

School Issues After Divorce

Generally, the custodial parent, meaning the primary timesharing parent, has school designation authority leading to school issues after divorce. This is logical and rational. Generally speaking, Mom or Dad lives close to the children’s school and has more time with the kids. The kids will not have to travel far to attend school, and they can remain in the same school district/zone that they attended before their parents started divorcing. This can prevent additional stress and anxiety for the kids. Routines are important. However, in some cases, Mom or Dad has moved because of the breakup or divorce and the area where they live has a much better school system with better school ratings. Perhaps Mom or Dad’s new school zone is a more appropriate place for the kids to attend.

school issues after divorce

Access to Better Schools for the Minor Children

The availability of good schools, the distance the parents live from those schools, and the safety and stability of the kids are three factors the court uses to determine school designation in Florida parenting plans. The question is, during settlement negotiations, or during mediation, will the parties themselves consider their children’s best interests in deciding which party has school designation authority. If not, school issues after divorce will arise.

Relocation with Minor Children and School Designation Authority

Perhaps adding an extra layer of conflict is parents often relocate with minor children. Jobs and careers change often, and new opportunities are often available in other areas. This may mean that the parent with school designation Florida parenting plan may be allowed to transfer the kids to a new school. This may cause the other side to contest relocation, or to petition the court for school designation authority to be transferred to them, the other parent.

Contact an Orlando Divorce Attorney and Clermont Divorce Attorney today at 407-335-8113 or e-mail us at for help litigating or resolving your school designation authority Florida parenting plan legal issue when you and your children have school issues after divorce. We pride ourselves on suggesting reasonable and practical solutions to help resolve your family law case.

Motion for Clarification Florida

Motion for Clarification Florida

When should you file a motion for clarification Florida? Consider the following situation: You have a parenting plan with your ex. You had a lawyer, and the other side had a lawyer. The lawyers made a parenting plan and the court ordered it. Now it is two years later. The parenting plan is confusing and ambiguous. You do not know 100% what your obligations are and what your ex is supposed to do. This may be the time for you to make a motion for clarification Florida. An Orlando divorce lawyer can help you make the decision to file or negotiate. Call 407-335-8113 to find out how you may obtain the court’s help with resolving issues in your divorce settlement.

Why do I need a Motion for Clarification?

Let’s be more specific about the scenario presented above. You have a parenting plan and you are reading it over. It says that you are entitled to “Reasonable Communication” with your daughter. Yet, when your ex is with your daughter, you are lucky to get 10 minutes on the phone during the other side’s timesharing. You are truly upset and want to know your daughter is safe, happy, and cared for. BUT, you cannot get your ex to give you more time with her and the parenting plan does not specify just what reasonable communication is. Make a motion for clarification and bring your issue before the judge.

What does a Motion for Clarification Florida Achieve?

If the court hears your motion for clarification Florida, you are asking the judge to hear your perspective on what reasonable communication (or any other part of your parenting plan) means. For instance, to you, reasonable may mean three 15 minute FaceTime or Skype talks while your child is with your ex. Or it might mean unlimited texting. Reasonable is not the easiest word to interpret and it is not specific. Therefore, a motion for clarification as asking the court to decide what the ambiguous or confusing parts of your parenting plan mean. The court will then order its interpretation to become part of your parenting plan to solve your lack of understanding.

Divorce Parenting Plan and Paternity Parenting Plan

A motion for clarification Florida can provide you with the relief your need in your child custody/timesharing case. Many parenting plans are too non-specific and cause a lot of confusion. Living with uncertainty when it involves your children can be emotionally and psychologically stressful and it is not great for anyone involved.

Jonathan Jacobs us a divorce attorney in Orlando and a divorce attorney in Clermont Florida who practices same sex divorce and relocation with minor children law. Call us today 407-335-8113.

Emergency Child Pick Up Order Florida

Emergency Child Pick Up Order Florida

An Emergency Motion for Child Pick Up Order Florida must be verified (the person asking the court for the return of his or her children must have the papers notarized under oath). If an Emergency Child Pick Up Order Florida is granted, the Court will direct law enforcement to remove the minor child from the other party’s residence and safely deliver the child to the other parent’s home. Call 407-335-8113 today for the help you need for your family. Your Motion needs to be Verified, meaning that it must be sworn to under oath to prevent fraudulent or frivolous actions. This is the court’s way to certify your action is legitimate.

Verification is a major requirement the family law Court mandates before the party filing for this order may be granted relief. The party asking for the order must have a legal right to timesharing with the child through a court-ordered parenting plan or that party may be the biological mother of the child and there has been no court case adjudicating the matter. Remember that unmarried fathers that have not established paternity through the family law court likely have no right to timesharing with the minor child, even if the other parent has absconded with the child.

When filing an Emergency Motion for Child Pick Up Order there are additional documents/papers that must be filed for the Court to hear your case. First, a UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act Affidavit) must be filed. The UCCJEA is a statement under oath alleging that the child lives with you. If there is a court-ratified parenting plan demonstrating your child custody/timesharing, it should be filed with your motion. For the Court to grant your Emergency Child Pick Up Order Florida, you may also need to provide a copy of the child’s birth certificate if paternity has not been established by the Court.

In the Emergency Motion for Child Pick Up Order you will need to allege the child’s name, gender, birth date, race, and provide a physical description. It may be helpful for you to identify the reasons why the child is in imminent danger with the other party, and state why and how the child has been wrongfully removed from your residence. Call the Jacobs Law Firm, divorce and family law lawyer.

An Emergency Motion for Child Pick Up Order means you are asking the Court to hold a hearing at the soonest possible time because the situation is urgent and the threat of harm to your child is serious. The Court has the authority to grant a hearing if it deems the circumstances are exigent. Often, in paternity cases, the court will require a litigant first have an action case prior to filing an emergency verified motion for child pick up order Florida.

Emergency Motion for Child Pick Up Order

Emergency Motion for Child Pick Up Order

In a recent Fifth District Court of Appeals case, Gimonge v. Gimonge, 239 So. 3d 1275, 1277 (Fla. 5th DCA 2018), the Father of a minor child filed an ex parte (where only one party appears before the judge) emergency motion for contempt/enforcement and child pick-up. Father told the Court that the Mother had refused to abide by the terms of their agreed-upon summer visitation (the parties had come to a temporary agreement by stipulating while the court was deciding their relocation case).

On the one hand, the court awarded Father thirty days of make-up timesharing because Mother had denied his timesharing, but Father filed an emergency motion for an injunction asking the Court to prevent the removal of their child from Florida and the Court ruled (at least temporarily) in favor of Mother. Father argued that Mother should have filed a petition to relocate with the child pursuant to Florida’s Relocation Statute, and was in fact acting in contempt of court by seeking to take their child from Florida without his consent. This prompted Mother to file an Emergency Motion for Child Pick Up Order, alleging that Father refused to return the child following his timesharing pursuant to the court ordered make-up visitation. The trial court ruled in favor of Mother because it felt that the situation would best be addressed at trial to allow for a final judgment to control the parties’ timesharing. Frankly, the parties were left in limbo as neither the Emergency Child Pick Up Order Florida nor the proper residence of the child was decided with semi-permanence.

If you believe you need an Emergency Child Pick Up Order Florida call the Jacobs Law Firm for immediate help with obtaining an Emergency Motion for Child Pick Up Order for the return of your child. Divorce and family law are challenging fields of law because they involve the people most important to you. Divorce and paternity cases are serious lawsuits. You may need to first file a paternity action before the court will hear your emergency verified motion for child pick up order Florida. Call 407-335-8113 today for a consultation with Attorney Jacobs.

Name Change in Florida After Divorce

Name Change Florida | Name Change in Florida after Divorce

Clients often contact us to ask about a name change Florida, or about obtaining a name change in Florida after divorce. Generally, the first step to changing your name is to file a petition with the local family law circuit court. Let’s discuss a name change in Orange County Florida as a helpful example. Call the Jacobs Law Firm at 407-335-8113 to speak with a family lawyer today about your legal questions and concerns.

Two parties are divorcing in Orange County Florida. As part of the marital settlement agreement reached at mediation, the Wife is asking the court to restore her maiden/former/premarital name. This should ordinarily be asked for in the petition for dissolution of marriage or in the counterpetition. If a name change was not plead for originally, the pleadings may need to be amended and a name change affidavit may be required. If the case is resolved without a trial, the party asking for a name change in Florida after divorce will generally appear before the court to confirm the request.

How to Obtain a Name Change in Florida After Divorce

If the matter is going to a family law trial before the judge, the pretrial statement should indicate the party’s desire to restore their former name or undergo a name change to something different. If it is a minor child seeking a change, there is a more complex process that needs to be followed and will be addressed in a separate article. As part of the trial, the moving party (the party asking for the name change) will likely take a few moments of testimony on the subject to alert the court as to her request. Child support should not be impacted.

name change florida

Name Change Florida

Provided the court grants your name change in Florida after divorce, the process does not necessarily end with the judgment. Rather, the process will likely continue as you change your name in official government records. Having a certified copy of your final judgment demonstrating the court’s approval of your change will be a prerequisite for the DMV, Bureau of Vital Statistics, and other governmental agencies to officially change your name on everyday documents.

A divorce decree from the local clerk’s office will cost a fair amount of money. You may wish to obtain several copies and store one copy in a safety deposit box or home safe or otherwise.

If you need to hire an attorney to obtain a name change in Florida after divorce, call the Jacobs Law Firm, divorce attorney Orlando, divorce attorney Clermont Florida.

Florida 50/50 Parenting Plan

Florida 50/50 Parenting Plan | 50/50 Custody and Child Support

A Florida 50/50 Parenting Plan is not required by the family law/divorce court. Neither case law nor statutory law (the rules may change based on several legislative initiatives before the Florida Legislature) provides for a guaranteed 50-50 timesharing child custody arrangement. Barring any incidents of child abuse, molestation, or long periods of absences from the children’s lives, courts generally steer litigants in the direction of a Florida 50/50 parenting plan. In this article we will answer the question, “Do you have to pay child support if you have 50/50 custody in Florida?” and cover topics such as what a 50/50 custody schedule looks like, and what the impact of 50/50 custody and child support is in our state. Dial 407-335-8113 today to schedule your consultation with a child support and child custody attorney.

If you are a reasonable parent and have attended mediation in your family case, it is likely a mediator has mentioned to you that a Florida 50/50 parenting plan may be ideal for you and your spouse for coparenting. You may not be crazy about the idea, and your attorney may rightfully disagree with equal timesharing, but it will likely be a topic of discussion in your mediation. Many times, litigants will elect to go to trial to have the court determine timesharing. It is not uncommon for judges to decide that a Florida 50/50 parenting plan is appropriate for the parties in their child custody battle.

Do You Have to Pay Child Support If You Have 50/50 Custody In Florida? 50/50 Custody and Child Support

Child support is based on Florida statutory law. According to Florida Statute 61.30, child support guidelines are heavily influenced by the parties’ net income after allowable deductions and the number of overnights each party enjoys with the kids. A 50/50 custody / timesharing arrangement does not eliminate a child support obligation. Let’s look at a 50/50 custody and child support example. If Husband/Father earns $100,000 per year, and Wife/Mother earns $65,000 per year, and the parties have equal timesharing, Husband/Father will likely be ordered to pay child support. The simple answer to “do you have to pay child support if you have 50/50 custody in Florida” is yes, you do have to pay support unless the child support guidelines determine the obligation is de minimis (a small amount) and is waived by both parties. 50/50 custody and child support is a sort of default position. Faced with the specter of one party paying more, or the other party receiving more in child support, legal fights often escalate. “An order for equal time-sharing for a minor child does not preclude the court from entering an order for child support of the child.” § 61.13, Fla. Stat.

50/50 Custody and Child Support

50/50 Custody Schedule

A 50/50 custody schedule does not have to be 3.5 days a week per parent. Recently, as new trend has emerged to create frequency of parenting and continuity for families. In one scenario, Wife will have the kids for 2 overnights, then Husband for 2 overnights, then Wife or Husband will alternate the weekend for 3 overnights, and so on and so forth. This prevents either parent from being absent in their children’s lives for an extended period of time. When there are young children, a week-on, week-off schedule is often arranged. Also, a 50/50 custody schedule can be done with one parent having 4 weekday overnights, one parent having 3 weekend overnights and extra time with the kids during summer or other vacation times. There is no one-size-fits-all timesharing schedule, but parents do what works for their families. This includes deciding which parent shall have school designation authority. If you feel that you need to modify your parenting plan, you should speak with an experienced attorney.

If you and your spouse are getting a divorce or if you have filed a paternity case and would like to consider a Florida 50/50 parenting plan, or if you have questions about 50/50 custody and child support, call the Jacobs Law Firm, divorce attorney in Orlando and divorce attorney in Clermont Florida. If your case is in a state of emergency, you may need to call us to ask about an emergency child pick up order. If you need assistance with preparing your income deduction order call us. Dial 407-335-8113 today.

premarital agreement in Florida

Premarital Agreement in Florida | Florida Prenuptial Agreement

A premarital agreement in Florida is also known as a prenuptial agreement, or as an antenuptial agreement. A Florida prenuptial agreement is challenging to draft and for good reason. The finished product is often complex because of the preparation and disclosures involved. Clients want a premarital agreement to protect themselves from financial battles in case of divorce. To ensure your prenup is enforceable, call the Jacobs Law Firm to speak with an Orlando prenuptial agreement attorney today. Our office may be reached at 407-335-8113.

Florida Prenuptial Agreement Statute

Florida Prenuptial agreement law, specifically, Florida premarital agreement Statute 61.079, is known broadly as the “Uniform Premarital Agreement Act.” Under the Statute, a premarital agreement in Florida is defined as an agreement that is entered into by prospective spouses (this applies to heterosexual and homosexual marriages) in contemplation of marriage. A contract requires there to be an offer, acceptance of that offer, and valid consideration. The consideration for a prenup is the marriage itself.

Florida Prenuptial Agreement

The plain language version of the Florida Prenuptial Statute is as follows: Two people want to get married. Both parties want to protect their assets in case of a future divorce. They both agree to enter into a prenuptial agreement in Florida in order to have some security during and after their marriage. The process begins, and it is advisable that both parties hire A Florida prenuptial agreement is effective only once the parties tie the knot. This is fairly obvious, but it needs to be spelled out just in case there is a misunderstanding. The Statute lays out the process and the requirements for entering into a prenup.

The Statute tells us that a valid and enforceable prenup may include current, or future, (vested or contingent) interests in property. This includes real property such as houses, condos, office spaces, plots of land, tangible property such as jewelry or cars, and all sources of income and earnings. The Statute importantly clarifies that a prenuptial agreement covers both passive and active income. A source of active income is the paycheck you earn on a regular and consistent basis. An example of passive income is the money that may trickle in from investments you have made such as owning an office space and accepting rent from your tenants.

To be enforceable, a Florida premarital agreement must be signed by both parties and should be notarized for authentication and verification.

Orlando Prenuptial Agreement Attorney

The Statute defines what may go into a premarital agreement in Florida, and in a sense directs us as to what may be excluded. First, the agreement must identify the rights and obligations of each of the parties in any property that they own (pardon the redundancy, but this again refers to cars, plots of land, houses, office buildings, intellectual property rights, etc.). When property interests are involved, the parties should specify what their rights and obligations are concerning the sale, use, transfer, lease and assignation of those interests.

Probate attorneys that deal with the disposition of property upon death appreciate that Florida premarital agreements often particularize how property will be distributed on the death of a spouse that was a signatory to an enforceable prenup. More importantly for our discussion, is that a prenuptial contract will specify how property will be divided and distributed upon divorce or permanent separation.

Premarital Agreements and Alimony

Let’s face it, if you are getting married, it is probably you have searched for this article to find out how premarital agreements and alimony work in Florida. One of the most frequent reasons a couple seeks the advice of an Orlando prenuptial agreement attorney, is to determine what is fair and equitable for an award of alimony upon dissolution of marriage. A Florida prenup can cover a lot of ground with alimony. For instance, the parties may choose to make alimony for a certain period of time at a certain amount that is non-modifiable. Alternatively, the parties must choose to allow for alimony to be modified if one spouse reaches a certain income threshold (i.e. Wife becomes a doctor and triples her salary, or Husband secures a max NBA contract). The parties to a prenuptial agreement in Florida may also select to eliminate spousal support. This is the beauty of a prenuptial agreement, the freedom of choice within reason.

florida prenuptial agreement statute

Perhaps you have heard of public policy. Public policy and law have enjoyed a long-standing relationship. Provisions in prenuptials can violate public policy and be rendered unenforceable. For instance, if husband is a millionaire and specifies that his wife (who is unemployed for purposes of this example) will receive no alimony, no property, and no support of any kind, this may run contrary to Florida divorce statutes and could be considered in violation of public policy.

Premarital Agreements and Child Support

The Florida Prenuptial Statute makes it clear that premarital agreements in Florida may not eliminate a party’s child support obligation(s). Child support is for the best interest of the child and is intended to safeguard children. A clause in a prenup that seeks to eliminate child support will be unenforceable. This will not render the entire agreement null and void, but it may cast a shadow over any other provision that is questionable.

Is Your Prenuptial Agreement Enforceable or Invalid?

Florida’s Prenuptial Statute guides litigants in determining if their prenuptial agreement is enforceable. A prenuptial agreement in Florida is unenforceable if:

1. One of the parties to the agreement did not execute the agreement voluntarily;

2. The prenup was the product of “fraud, duress, coercion, or overreaching; or

3. The agreement was unconscionable when it was executed and, before execution of the agreement, that party:

a. Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party; (making proper disclosures is vital to the enforceability of a prenuptial agreement, and this can be done if both parties voluntarily waive disclosure in writing after careful consideration)

b. Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and

c. Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party. (This is a sort of escape-valve. If spouse A could not reasonably have foreseen that spouse B would earn 50 million dollars two years later, perhaps the court will allow spouse A to sue for spousal support even if the agreement provided to the contrary)

(b) If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility.” (To allow one party to a divorce to be prosperous financially and the other party to be forced to register for public assistance would be unconscionable).

Jonathan Jacobs is an Orlando prenuptial agreement attorney that absolutely loves working with clients to plan for their financial future. Drafting and enforcing a premarital agreement in Florida may protect clients from financial battles in case they ever get divorced. To ensure your prenup is enforceable, call the Jacobs Law Firm to speak with a divorce attorney in Orlando and Winter Park, or a divorce attorney in Clermont, to find out if a Florida prenuptial agreement is appropriate for you. Our office may be reached at 407-335-8113.

Florida Child Custody Laws

Florida Child Custody Laws | Child Custody in Florida

Florida child custody laws are primarily based on Florida statutory law. Child Custody in Florida is also supported, enhanced, distinguished and determined by Florida case law. Florida Statute 61.13(2-3) provides the factors that a Florida family law court uses to decide timesharing. Timesharing used to be referred to (and still is in many states) as child custody. Here in the State of Florida, child custody is known as and referred to as timesharing. Timesharing is the amount of overnights a parent will spend with their children. A Florida parenting plan will also specify many other forms of timesharing between parents and their children. According to Florida child custody laws, a parenting plan must specify the number of overnights parents will spend with their children. Jonathan Jacobs is a divorce lawyer in Orlando and a divorce lawyer in Clermont Florida.  

A frequently asked question is whether Florida child custody laws explicitly provide for 50-50 custody for both parents. The answer is no, but the Florida Legislature is still deciding this issue. Nevertheless, Florida family law courts tend to favor equal timesharing unless there are valid reasons for one parent having a lesser amount of time with their kids. Child support may be a factor in this process.

A frequently asked question is whether Florida child custody laws explicitly provide for 50-50 custody for both parents. The answer is no, but the Florida Legislature is still deciding this issue. Nevertheless, Florida family law courts tend to favor equal timesharing unless there are valid reasons for one parent having a lesser amount of time with their kids. Child support may be a factor in this process.

Best Interests of the Child Standard Influences Child Custody in Florida

As you may have read throughout our Florida Family Law Blog, timesharing is based on the best interests of the child standard. This is an admirable legal standard, but it is vague until the unique facts of your case are brought before the court. This is one reason your attorney should spend significant time with you before your case is filed, and while your case is ongoing. Your attorney should use his/her knowledge of child custody in Florida to match the facts of your case to the law. This may provide a sort of guidepost for how a judge might ultimately rule on your case, and may encourage a reasonable settlement among the parents without extensive litigation.

Child Custody in Florida

Florida Statute 61.13 and Florida Child Custody Laws

The factors listed in Florida Statute 61.13 do not cover all Florida child custody laws, but they are used by attorneys in influencing the determination of child custody in court. The litigants are welcome to make additional arguments they believe are in the best interests of the child. There is an argument to be made that the first factors listed in the Statute are the most frequently challenged issues.

For example, do the parents encourage a close and continuous relationship between the kids and their ex? Or do the parents try to limit the other parent’s time with the kids unreasonably? Does one parent work such long hours that the only way they can provide care for their children is to delegate child care responsibilities to a third party or grandparent? If the kids are in school, how far away do the parents live from one another to ensure the kids will not be traveling for hours every day? The statutory factors continue by going into the daily tasks and responsibilities of the children’s upbringing.

If you would like a consultation on Florida Child Custody Laws, call the Jacobs Law Firm, and a child custody attorney will speak with you about your family law case.