Family Law, Boca Raton, FL
- Over the years, the attorneys at HARK│YON, PL have represented clients in numerous family law proceedings, including but not limited to divorce, spousal support, timesharing (custody), child support enforcement, post-dissolution proceedings, and the preparation of pre-nuptial and post-nuptial agreements. The attorneys at our Firm will aggressively represent you in your family law matter.Dealing with complicated family law issues including Divorce, Spousal Support (Alimony), Child Support, and Timesharing (Child Custody) can be extremely difficult for you and your family. We understand the emotional impact litigation has on couples, and we are here to help. We have offices conveniently located in Boca Raton, Hollywood and Miami Shores.Whether you are currently going through a divorce or are simply considering it, we can help you understand the many potential issues involved in your case.Or you may be in the process of getting married and wondering whether a Prenuptial Agreement is right for you.Whatever your needs, we have the knowledge, skills, resources and experience necessary to successfully bring your case to a conclusion with professionalism, integrity and compassion.DIVORCE AND DIVISION OF ASSETS AND LIABILITIES
Property division is an important consideration in every divorce. The Family Courts in Florida have the responsibility to equitably divide and distribute the marital and non-marital property of the spouses. Marital Property is generally any item acquired during the marriage, regardless of whose name the property is titled in, while non-marital property is generally everything that you owned before you got married.
Keep in mind that a division of property will be equitable, but not necessarily equal. The Florida Courts generally consider each spouse’s contributions to the marriage, both monetary and non-monetary, when dividing and distributing assets and liabilities. The ultimate goal is to arrive at a fair solution, taking into account the whole of the marriage.
PARENTAL RESPONSIBILITY AND TIME SHARING
Florida Courts no longer utilize the terms “custodial parent” and “non-custodial parent.” As a result, parents involved in a divorce no longer argue about legal custody, primary physical custody or visitation rights. Instead, they now work through the details of time sharing arrangements and the new Parenting Plan requirements. Florida Courts now require Parenting Plans for all divorcing couples. Florida law has a strong public policy to keep both parents in frequent and continuing contact with their children after divorce or separation. Both parents are encouraged to continue sharing in the responsibilities that come with raising a child. Under Florida law, parenting issues are divided into three categories: parental responsibility, time sharing and support.
SHARED PARENTAL RESPONSIBILITY
Shared Parental Responsibility is the parenting arrangement that Florida Courts favor the most. Although each parent will have his/her own timesharing with the child, it is important to remember that each parent has an equal say when it comes to making important decisions that affect the children such as religion, healthcare, or education, or extra-curricular activities, etc.
SOLE PARENTAL RESPONSIBILITY
Sole Parental Responsibility is the parenting arrangement in which one parent is given authority to make decisions affecting the child without any input from the other parent. There is a presumption in Florida that this type of arrangement is not in the best interests of child. Sole Parental Responsibility generally will not be awarded unless the court believes that one of the parents is unfit to make decisions affecting the child.
Time sharing arrangements establish which parent is to be with the child at what time. Time-sharing arrangements should also take into account such details as pickup and drop-off, distance and travel times, day care, the child’s educational and social needs, holidays, and backup plans, if an emergency prevents a parent from punctual compliance. Parents should also spell out things like phone, e-mail or text contact when the child is staying with the other parent.
A parenting plan should specify a detailed schedule covering a period of a year, a school year or some similar block of time with a provision for substantially similar arrangements for the following period. That detailed schedule is what constitutes the time-sharing agreement.
After a divorce, both parents are responsible for supporting the child, either through physical custody or financial support. In Florida, child support is based on a formula that incorporates the income of both parents, among other factors. At the law firm of HARK│YON, PL, our goal is to ensure the proper amount of child support is awarded based on the most accurate information available.
From finding hidden assets that may easily be missed, gathering information about your child’s needs, to presenting a true picture of what the appropriate amount of child support will be, we will help you obtain the financial support your child needs.
The amount of child support is always modifiable. After a divorce, we can assist with post-judgment modifications to increase or decrease child support payments. These changes can be made in situations involving salary changes, changes to the needs of the child, such as medical bills, and other substantial changes.
If child support is not being paid, we can petition the Court to enforce the support orders. We will stand up for your rights. We have more than 50 years of combined experience helping people get the results they need.
Our family law lawyers represent people throughout South Florida, including Miami-Dade, Broward and Palm Beach County, Florida.
SPOUSAL SUPPORT / ALIMONY
Couples who are divorcing often wonder whether they will be entitled to receive, or will need to pay, spousal support (alimony). In Florida, spousal support is not automatically awarded and is based on a variety of factors, including the length of the marriage, income levels of both spouses, earning capacity of the spouses, the existence of prenuptial agreements, and as well as other factors.
There are several forms of alimony available, including permanent periodic alimony, durational alimony, rehabilitative alimony, and Bridge-the-Gap alimony. The attorneys at HARK│YON, PL can assist in determining the right type and amount of alimony that is appropriate in your case.
- Dissolution Proceedings