Child Support After the Age of Eighteen (18) in Florida

As a general rule, the legal duty of a parent to support his child ceases at the age of majority, which in the State of Florida is 18 years old. This is because a parent has no legal duty to continue to provide support to a child who has reached the age of majority, unless the trial court has made a finding of dependence pursuant to section 743.07(2), Florida Statutes, or the parties otherwise agree. However, child support may continue beyond the age of 18 years for a dependent person if: (1) the dependency is due to mental or physical...

23 April

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When may a court terminate visitation rights?

Posted by DeWitt Law Firm, P.A.

in Family Law

When the safety or welfare of a minor child is at risk, a court may need to terminate visitations rights. However, a court must follow very strict procedures to do so, even when it must be done on an emergency basis. Although termination of visitation rights is disfavored, the trial court has discretion to restrict or deny visitation when necessary to protect the welfare of the children....

04 April

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What to do with a House during a Divorce in Florida

Posted by DeWitt Law Firm, P.A.

in Divorce, Family Law, Florida Law, Real Estate Law

In a divorce, the parties will need to decide whether to sell or keep the marital home. While some parties become very attached to the marital home or wish to keep the marital home for the stability of the children, others approach the marital home as a pure financial decision. When determining what to do with the marital home, there are essentially three options....

09 March

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7 Things To Do After Your Divorce

Posted by DeWitt Law Firm, P.A.

in Divorce, Family Law

After a divorce is finalized, the hardest part of the case is typically over. However, there are still some housekeeping matters that need to be completed to allow for a seamless transition to your post-divorce life. 1. Get a Certified Copy of the Divorce Decree After the divorce is finalized, you will at some point in the future need a certified copy of the divorce decree. It may be required when purchasing a home, traveling out of the country, getting a passport, or during some other life event. It is advisable to purchase a certified copy of the divorce decree shortly after...

25 January

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The Common Pitfalls of Petitions for Relocation in Florida

Posted by DeWitt Law Firm, P.A.

in Family Law

In Florida, if a parent wishes to relocate more than 50 miles with a child, the parent must petition the court. Prior to hearing testimony as to whether relocation is appropriate, the trial court must first look at Chapter 61 of the Florida Statutes to determine if the petition is legally sufficient. ...

18 January

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Alimony Modification Cases – Proving Voluntary Unemployment/Underemployment

Posted by DeWitt Law Firm, P.A.

in Alimony, Family Law

When handling a modification of alimony case, it is important to be aware who carries the burden of proof for each element. Failing to present the proper evidence to support or defend your claim could lead to an unjust and inequitable outcome. ...