Matthew Lane & Associates, P.A.

December 2011 Archives

Failure to Exercise Visitation in Florida

Failure to exercise time-sharing results in an adjustment of child support. "We previously held that application of section 61.30(11(b) is mandatory. Seiberlich v. Wolf, 859 So. 2d 570, 571 (Fla. 5th DCA 2003). Florida law mandates a reduction in child support whenever the non-custodial parent spends a "substantial amount of time" with the child. § 61.3O(1)(a), Fla. Stat. (2006). It seems intuitive that, conversely, the failure to spend time with a child mandates forfeiture of the right to a reduction in child support. The Legislature has specifically provided that a parent's failure to exercise court-ordered or agreed-upon time-sharing, not caused by the other parent, resulting in the adjustment of child support "shall be deemed a substantial change of circumstances...." § 61.30(11)(c), Fla. Stat. (2001). That modification is "retroactive to the date the noncustodial parent first failed to regularly exercise court-ordered or agreed visitation. Id." Buhler v. Buhler

Division of Property & Assets in Palm Beach County, Florida

A homestead may be sold and the funds will be protected as long as they are held for the sole purpose of acquiring a new home. "A protected homestead may be voluntarily sold, and the funds will be protected so long as they are not commingled and are held for the sole purpose of acquiring another home within a reasonable period of time. McKean v. Warburton, 919 So. 2d 341, 344 (Fla. 2005); Rossano v. Britesmile, Inc., 919 So. 2d 551 (Fla. 3d DCA 2005)." Roth v. Roth

Disestablishment of Paternity in Florida | Lane & Associates

In order for a putative father to be precluded from challenging a paternity determination based upon the conduct specified in Fla. Stat. § 742.18(3), he must know that he is not the child's father and engage in the conduct specified in Fla. Stat. § 742.18(3). "Although there was evidence to support the finding that the Former Husband should have suspected that he was not the child's biological father, there was no evidence to support a finding that he did in fact know that he was not the child's father at the time he signed the child's birth certificate...The language of subsection (3), however, clearly refers to the male engaging in these acts 'after learning that he is not the biological father of the child.' § 742.18(3)...We recognize that our conclusion here conflicts with the First District's opinion in Hooks v. Quaintance, 36 Fla. L. Weekly D2214 (Fla. 1st DCA Oct. 6, 2011)." P.G. v. E.W.

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Palm Beach Gardens Office
The Financial Center at the Gardens
3801 PGA Boulevard
Suite 600
Palm Beach Gardens, Florida 33410

Phone: 561-328-1095
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Wellington Reserve
1035 South State Road 7
Suite 315
Wellington, Florida 33414

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West Palm Beach, Florida 33401

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Boca Raton, Florida 33431

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