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Family Law FAQ

Alimony is based on the need of the obligee and the ability to pay of the obligor. There are statutory factors the court must consider in making an award of alimony.A Petition to Establish Paternity must be filed. If the Mother does not agree that the petitioner is the biological father of the child, paternity tests will have to be conducted. After paternity is established, a parenting plan and child support can be determined.There is no age at which a child can decide which parent they want to live with. One of the factors in determining a timeshare schedule is the preference of the child. Permission must be obtained from the court before a child may testify. The child must be of sufficient age and maturity to participate in the proceedings without risk of emotional detriment to themselves and possess the memory and ability to articulate events which would assist the Court in making a decision.In Florida, parents have either shared parental responsibility wherein they share decision making; or one parent has sole parental responsibility and is able to make decisions for the child without input from the other parent. Sole parental responsibility is rare.
A document called a parental plan sets forth the time the parents will spend with the child.
Child support is calculated based on income, so it’s difficult to argue that you can’t afford child support.

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