All posts by: carter@carterhillstrom.com

in Child and Spousal Support (Alimony), Modification to Prior Orders

Can I get credit for child support I paid even though the kids were living with me?

In a recent case, a Florida appellate court addressed whether a parent can get credit for child support payments made during a period when they were actually taking care of the children. The central issue was the retroactive modification of child support in light of a change in the child’s primary residence. The father in […]

in Child Relocation, Divorce

My divorce case is already pending, can I ask the court to let me relocate with my kids?

A Florida appellate court recently provided guidance on amending petitions in ongoing divorce cases, particularly regarding relocation with children. While you can request to amend your divorce petition to include relocation plans, there are certain considerations the court will take into account. First, the timing of the amendment request is crucial. The court tends to […]

in Child Custody and Time-Sharing, Divorce, Paternity Actions

Can a mother deny the father visitation?

A mother in Florida cannot unilaterally deny the father visitation rights unless there are specific, court-ordered reasons to do so. Our laws typically favor both parents having a relationship with their child, as reflected in Florida’s timesharing statute. If the parents have a court-approved parenting plan, both must adhere to it. If a mother believes […]

in Divorce

Is dating during separation adultery?

Generally speaking, dating during separation is not considered adultery in terms of how it affects things like alimony. Florida courts look at economic factors when deciding on alimony, not whether someone dated or committed adultery. The Florida Supreme Court has said that for something like adultery to affect alimony, it has to have an economic […]

in Divorce, Property and Asset Distribution

Can I get half of my husband’s Social Security if we divorce?

In Florida, disability benefits, including Social Security disability benefits, are not subject to equitable distribution in a divorce. This means that if your husband receives Social Security disability benefits, you would not be entitled to half of these benefits in a divorce. Disability benefits are seen as a substitute for future lost income rather than […]

in Child Custody and Time-Sharing, Child Relocation, Modification to Prior Orders

How far can a parent move with joint custody?

If both parents agree to the relocation and the new arrangements for timesharing, they can sign a written agreement to this effect. This agreement must be submitted to the court for approval and should detail the consent for relocation, the new visitation schedule, and how transportation costs will be handled. When parents are timesharing in […]

in Child and Spousal Support (Alimony), Child Custody and Time-Sharing, Paternity Actions

Does my boyfriend have to pay child support if we live together?

The obligation to pay child support in Florida is independent of the living arrangements of the parents. Even if you and your boyfriend live together, he may still be required to pay child support, especially if there is an existing child support order in place. This obligation is based on the premise that both parents […]

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