LEGALLY SPEAKING
WHAT EXACTLY IS FAMILY LAW? I By Evan H. Baron, Esq.
advertise my practice as a Family Law Practice. I am often asked what does Family Law encompass? Most individuals think of Family Law as only being divorce cases. In reality, my practice involves many different types of family related issues. Here are the many types of issues that my office handles: 1. Dissolution of Marriage. This includes simple, complex, and collaborative cases. 2. Paternity Cases. A Paternity Case is necessary to establish a Father’s rights when a child is born out of wedlock. Once established, a Parenting Plan must be established. This also includes simple, complex, and collaborative cases. 3. Modifications. • Financial: Florida law allows a modification ( either an increase or a decrease of either child support or alimony) if the moving party can prove that there has been an involuntary, substantial change of circumstance in the income of either party. • Child Related: Florida law allows a modification of a Parenting Plan (time-sharing, etc.) if the moving party can prove that there has been an involuntary, substantial change of circumstance and a modification is in the minor child’s best interests. This primarily deals with time-sharing and Shared Parental Responsibility issues.
4. Contempt/Enforcement :
• Contempt: If one of the parties willfully fails to pay either court-ordered child support or alimony obligations, the Court can find that party in Contempt. To be a willful failure it must be proven that the party ordered to pay had the ability to pay but chose not to. Generally, a purge is set ( a percentage of the amount of money owed) and if not paid, incarceration is possible. If a parent willfully fails to follow the Parties Parenting Plan and interferes with a parent/child relationship ( time-sharing/decision making, etc.), a finding of Contempt can be sought. • Enforcement: Matters not subject to contempt, but still ordered by the Court, may be subject to Enforcement. Typically, this deals with Parenting Plan issues, such as late pick-ups or drop-offs or certain financial issues such as Equitable distribution of assets.
5. Relocation: Under Florida Law, a parent cannot relocate a minor child beyond 50 miles from their residence without either the written permission of the other parent or a Court Order. This is, in essence, a modification since the Parenting Plan would have to be modified if relocation were to take place. 6. Injunction: For Protection against Domestic Violence: This is commonly referred to as a Restraining Order. This can be obtained on behalf of the moving party (Husband or Wife/ Mother or Father) or on behalf of a minor child. If the court believes that there is a reasonable fear of domestic violence a temporary ex parte (without notice to the other side), an Injunction will be issued, and a hearing scheduled within 15 days. My office handles either the Petitioner (party who obtained the Injunction) or the Respondent (person who had the Injunction issued against/him her). If you, or someone you know, are dealing with any of these issues our office can assist you.
⊲ The law firm of Evan H. Baron and Associates is located at 2111 N
Commerce Parkway, in Weston. If you have any questions concerning this issue or any other family law matter, call the office at 954-385-9160.
THE TUG OF WAR ENDS WHEN YOU ARE ON THE SAME SIDE
AWARDED 10 YEARS
Adversaries Litigate. Families Collaborate.
TM
FAMILY LAW TRAINED IN THE COLLABORATIVE LAW PROCESS
Divorce • Relocation • Custody Child Support • Domestic Violence
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Continuing to serve the Weston, Davie and Pines areas with over 30 years of experience.
After Hours: 954-850-3357
2111 North Commerce Parkway, Weston, Florida 33326 Law@DivorceBroward.com
CS954-385-9160 OCM 2021
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Our City Davie / March 2021 / OurCityMedia.com / 31
