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Marital and Family Law FAQ

Every family is unique, and we know how emotionally and financially stressful it is to have marital and family legal issues. That's why it is imperative to have experienced, caring attorneys help you every step of the way. The attorneys at Peña Law Office, P.A. offer compassionate and efficient representation in the area of marital and family law.

Listed below are some of the most frequently asked questions about our marital and family law practice. To find out more, contact Peña Law Office, P.A., at 561-408-4203.

What are Time Sharing and Parenting Plans? Time Sharing is the amount of time or days a minor child or children will spend throughout the year with each parent. A Parenting Plan lays out the specifics of time-sharing and parental responsibility, and is required in all cases involving time-sharing even when time-sharing is not in dispute. The Parenting Plan must be developed and agreed to by the parents and approved by the court.

How is Child Support Determined? The Florida Legislature has determined that each parent has a fundamental obligation to support his or her minor or legally dependent child. The amount of child support to be paid is based on the income of each parent and the amount of time each parent has with the child or children.

Will I Receive or Pay Alimony and Spousal Support? Alimony is determined separately from Child Support, and it depends on the requesting spouse's need and the opposing spouse's ability to pay. In some instances, the Court will impute income to a spouse who is voluntarily unemployed or underemployed, meaning her or she will be treated as if they earn more money than is reported. The length of the marriage is also an important factor in determining alimony.

What is Equitable Distribution? This refers to the way both assets and debts/liabilities will be split between the spouses, and requires an equitable or fair division. This includes the marital home, bank accounts, businesses, retirement accounts, vehicles, debts and loans, and house hold items.

Are Prenuptial and Postnuptial Agreements Valid? If you and your spouse entered into a contract related to your family either before or after your marriage, the Court will need to first determine if the agreement is valid. If so, the matters decided in the agreement will determine the outcome of the case.

What are Paternity and Father's Rights? Many couples with children are not married, and are not required to be. However, fathers of children born out of wed-lock do not have any rights or obligations regarding their child or children until paternity is established in a court of law. This is true even if the father is listed on the birth certificate. Establishing paternity, child support, time-sharing, and a parenting plan are established in a paternity case.

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