Creative Family Law Solutions
No two families are the same. Families are unique and deserve legal representation that takes these differences into account. You need a lawyer who will help craft creative legal solutions that will help you in both the short and long term.
At The Law Office of Gustavo E. Frances, P.A., I handle an array of family law matters, including every aspect of a divorce action. For comprehensive and personalized legal services, I encourage you to speak with me during a free initial consultation.
As part of my family law practice, I can help you with:
Court-ordered child support can be modified when there are substantial, material and unanticipated changes in circumstances. Losing your job or receiving a pay cut may qualify for a reduction under certain circumstances. If one of the parents receives a raise or a promotion, this may also result in a change of the amount due in child support.
There are certain times when the state of Florida will intervene in child support matters. These matters are governed by 42 U.S. Code § 651 – Authorization of Appropriations. This is otherwise known as Title IV-D of the Social Security Act. IV-D is further explained under Florida Statute 409.2563, and you will see the IV-D title on many of the documents or court papers that will be served or mailed to you.
Property division is often one of the most contentious aspects of a divorce action. People become attached to assets and also want what they believe they are entitled to. In Florida, courts use the concept of equitable distribution to determine the division of assets and debts.
Sometimes paternity must be established in order to enforce child support as well as custody rights. Paternity actions establish the legal father. This is not always necessarily the biological father. Instead, it is meant to legally establish the parent-child relationship. Along with this come both rights and responsibilities. They include rights to have time with your child and help make decisions in raising your child. This coincides with responsibilities, such as compliance with a custody agreement as well as paying child support.
If you are facing divorce, you need an attorney who can help you make smart decisions about your future. Your life will inevitably change, but there are ways to make the divorce process as smooth, efficient and cost-effective as possible.
Child support is not optional and is strictly enforced in Florida, as child support is a child’s right. If you are seeking a divorce and anticipate a need for child support assistance, it is essential you find an attorney who can make sure you obtain an accurate and fair child support payment.
Alimony is an award of financial support from one spouse to another at the end of a marriage. It may be given as a lump sum or incrementally for a stated period of time. In order to be awarded alimony, one spouse must show a demonstrated need for support and the ability of the other spouse to pay it. Such an amount can be negotiated between soon-to-be former spouses, often via an attorney.
During a Title IV-D administrative proceeding brought by the Department of Revenue concerning child support, the first presumption is that the father has no time sharing at all with the child. The father will be awarded no rights, have no say in what happens to the child and will not get credit for things that he may buy the child. These are all things that are outside of the scope of what the department can get involved with and what the hearing officer has the authority to order.
In Florida, children now spend time with their parents according to a parenting plan established between the parents. To minimize courtroom battles that pit parents against each other, state laws and courts have moved away from using words such as “custody” and “residential parent.” Time with children is now determined based on the “best interest” standard. By avoiding language that sets up a win-lose dynamic, the hope is that parents will look for solutions in which everyone wins, and parents will be able to co-parent more effectively after the divorce.
Contact Me For A Flat-Fee Divorce
For legal representation in any dissolution of marriage matter, please reach out to me online or call me toll free at 866-435-4172.