Coral Springs Family Law BlogWe created this blog to share helpful tips and information with those who are in the preliminary stages of family law cases in Parkland and Coral Springs. Our attorneys understand that you want answers, and you want them now. While the contents of these blogs should not be taken as legal advice, hopefully they will give you some peace of mind until you hire a family law attorney. If you have any questions about these blogs, feel free to call Stuart N. House, P.A. at (954) 255-7400.
The temptation to conceal certain facts in a family law proceeding is common, and that dishonesty can have a resounding impact on the outcome of your case. If you believe your spouse is attempting to lie to or cheat the courts, a private investigator can help ensure that the judge's ruling will based on all the facts – not just a select few that your spouse chooses to disclose. An investigator works to uncover facts that can result in a more favorable outcome for the client's case. The decision to hire a private investigator should not be made lightly. Investigator fees and costs are substantial, and an investigation is no guarantee that suspicions of wrongdoing will be confirmed to the extent that they will be addressed in a court of law. Yet many spouses – especially those involved in high stakes divorce cases – find that the up-front expense more than ...Read More
A motion is a written request to the court for a certain ruling, order or action. In divorce litigation, sometimes one party attempts to gain an advantage over the other party by filing frivolous or excessive motions. In this blog post, our divorce law attorneys discuss what makes a motion frivolous or excessive, and how such motions are dealt with Coral Springs & Parkland divorce courts.
Frivolous MotionsA motion may be considered frivolous in Florida if the court finds that the moving party and the moving party's attorney knew or should have known that the motion was not supported by the facts or existing law. If a court finds that the motion has no merit and that the moving party should have known that, the moving party may ultimately be required to pay sanctions and the other party's attorney's fees. For example, suppose that Spouse A's divorce attorney files a motion for ... Read More
The State of Florida does not require parents to pay for a child's college education, nor does the federal government. Still, a parent who is getting a divorce and who is concerned about the payment of future college expenses for a minor child should be prepared to raise the issue of college expenses during the divorce. Payment of college expenses can be negotiated through counsel. A parental agreement regarding college expenses can be made part of a mediation agreement or marital settlement agreement, and thereafter ratified and made part of a Final Judgment of Dissolution of Marriage. Divorcing parents who are contemplating whether to agree to payment of future college expenses should consider the following questions: What exactly is meant by the term "college expenses"? Are college expenses limited to tuition and textbooks? What about room and board, computer equipment and transportation costs? How about the costs associated with extracurricular activities? What about ...
Posted By: Stuart N. House, P.A. "Sticks and stones may break my bones, but words can never hurt me." Whoever said that probably never went through a divorce. As your lawyer probably will caution throughout the divorce process, words can hurt in any number of ways. Finding the right ones (or refraining from using the wrong ones) when talking to a spouse can be difficult. The following DOs and DONT's are helpful when dealing with spousal communication. DON'T say anything to your spouse that can be later used against you in a court of law. This includes leaving angry voicemails, writing hurtful letters, or sending hostile texts or emails. All instantaneous communication devices are dangerous for persons going through a divorce, because words exchanged in the heat of the moment can be recorded and saved. For example, your spouse may be late in dropping off the children for a time-sharing exchange. Texting, ...Read More
According to Florida Statute 61.29(1), "each parent has a fundamental obligation to support his or her minor or legally dependent child." Child support is a parental obligation, not a parental right. The right to be financially supported belongs to the child, not the parents. Federal and state laws therefore preclude waiver of child support. An agreement to waive a child's right to support is generally unenforceable because the child's best interests are of primary importance to the courts. Many parents make the mistake of believing nothing will happen to them if they stop paying child support. That couldn't be more untrue. In fact, the penalties for failure to pay as mandated by a court order are especially harsh, and could include criminal charges. The parental obligation to support a minor or legally dependent child involves much more than just one parent paying a predetermined amount of money to the other parent. ...