Miami Divorce Lawyers & Florida Family Law Attorneys

Florida operates as a no-fault divorce state, meaning you don’t need to prove wrongdoing by your spouse to obtain a divorce. Instead, most divorces in Florida are granted on the grounds of "irreconcilable differences," indicating the marriage has broken down beyond repair.

Florida offers two types of divorce: simplified and regular. In both cases, it must be demonstrated that the couple is legally married, one spouse has been a Florida resident for at least six months prior to filing, and the marriage is irreparably damaged.

Our experienced divorce attorneys are equipped to assist South Florida residents through both uncontested and contested divorces. We will be strong advocates to ensure your voice is heard throughout the process.

If you are going through a divorce or determining paternity for your minor child, child support will play a critical role in the process. In Florida, both parents are legally required to contribute to the support of their children to ensure their basic needs are met and that the child benefits from the financial resources of each parent. Importantly, child support is considered a right of the child, not the parents.

Any parent residing in Florida can petition the courts for child support, either during a divorce or as part of a paternity case. The amount of child support is calculated using state guidelines, which factor in variables such as:

• The number of children
• The combined net monthly income of both parents
• The cost of daycare
• Health insurance needs for the child
• The number of overnights each parent has with the child, as outlined in the parenting plan

Where possible, Florida courts may also require parents to provide medical and dental insurance for their children, and life insurance may be mandated to cover child support obligations.

If a parent is voluntarily unemployed or underemployed, the court may assign an income to that parent based on their recent employment history and current earning potential, unless it is deemed necessary for that parent to remain home with the child.

A parent can request a modification of child support when there is a substantial, permanent, and unforeseen change in circumstances, such as:

• Job loss
• Termination of daycare or childcare
• Disability
• A significant increase or decrease in income (15% or more)

It's important to file for a modification as soon as these changes occur, as modifications are only effective from the filing date onward, not retroactively. If you have experienced a significant change in circumstances, consult with an experienced Florida family law attorney to explore your options for modifying your child support arrangement.

If a parent fails to make child support payments, there are several enforcement mechanisms available. The court can hold the parent in contempt, suspend their driver's license, or place a lien on their property. The Florida Department of Revenue may also seize bank accounts to recover unpaid child support. Interest may accrue on overdue payments, and child support is enforceable at any time, even after the child reaches adulthood, as there is no statute of limitations on enforcement.

If you are not receiving the child support your children are entitled to, or if you're concerned about making your payments, consulting with a lawyer can help you explore the legal avenues available.

At the Moshe Rubinstein Law Firm, P.A., we understand the complexities involved in both establishing and enforcing child support. As a leading Broward County family law attorney, Moshe Rubinstein is committed to ensuring that your children receive the support they deserve. Whether you are dealing with a contentious divorce or child support concerns, we are here to guide you every step of the way. Call 866-55-MOSHE for a confidential consultation or contact us online.

• Child Custody: **Florida Child Custody** In Florida, child custody decisions are made based on the best interests of the child, guided by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which standardizes custody laws across the U.S. Child custody involves two aspects: legal and physical custody. Legal custody grants parents the authority to make decisions regarding the child’s education, religion, medical care, and discipline, while physical custody refers to where the child will live.
• Custody can be either shared or sole. Florida courts generally favor shared custody, also known as "time-sharing," unless it can be shown that shared custody would not serve the child's best interests.

At the Moshe Rubinstein Law Firm, PA, we are dedicated to helping families navigate the child custody process while minimizing conflict and unnecessary costs. Whether you and your spouse are working toward an agreed-upon parenting plan or are facing a court-ordered time-sharing arrangement, we are here to provide the legal support you need.

If you have questions about Florida custody law or are preparing for a custody dispute, contact the Moshe Rubinstein Law Firm, PA, for a confidential consultation at 866-55-MOSHE for a confidential consultation or contact us online.

If parents cannot agree on a parenting plan, the court will make the decision for them, prioritizing the best interests of the child. The court considers various factors, including:

• The stability of the child’s current living environment
• The distance between the parents' homes
• The moral character of both parents
• The mental and physical health of both parents
• Each parent's ability to maintain a consistent routine
• Each parent's ability to communicate with the other
• Any history of domestic violence or abuse
• Any substance abuse issues

Additionally, if the child is old enough to express a preference, the court may take the child's wishes into account. Because these factors are complex, it’s important to seek guidance from a skilled child custody attorney if you and your spouse are struggling to reach an agreement.

Florida allows parents to create a parenting plan outside of court, detailing the time-sharing schedule and how parental responsibilities, such as legal decisions, will be managed between them. These schedules outline when and where the child will spend time during the week, weekends, holidays, and school breaks.

Once parents agree on a plan, it is submitted to the court for approval. As long as the arrangements for legal and physical custody are adequately addressed, the court will typically approve the plan.