Debunking Family Law Myths

In other blogs, I have written about myths that you may encounter in the practice areas that Marcie specializes in. Today, I wanted to focus on some common Family Law myths and debunk them for you so that you are not misled by what you see on the internet or have been told by family and friends.

1.) MYTH: Florida courts favor mothers

Reality: Florida courts decide cases like this based on the parent’s ability to support the child’s best interests. There is no preference for mother over father or father over mother. Ultimately, the child’s well-being is what controls the decision.

2.) MYTH: If a parent pays alimony they don’t have to pay child support

Reality: Alimony and child support are not the same thing. Alimony is for the spouse, whereas child support is for the children. To learn more about the differences, and what you could be required to pay, check out a previous blog post here.

3.) MYTH: Permanent alimony is guaranteed

Reality: Courts measure each spouse's needs against their ability to pay. While longer marriages allow for permanent alimony to be considered, the court could ultimately decide to award alimony in the form of durational or rehabilitative, rather than permanent.

               4.) MYTH: The parents decide the amount of child support Reality: Child support is determined based on Florida Statutes. See more at this link.

5.) MYTH: Declaring bankruptcy negates child support

Reality: Declaring bankruptcy in Florida, or anywhere else in the United States does not stop the parental obligation of child support

6.) MYTH: Children 13 or older may decide where they want to live

Reality: While the court does consider the child’s best interests and preferences, regardless of the age of the child it is up to the court to decide where the child will primarily live. Many factors play into this decision and children have to wait until they are 18 to have complete control over where they live.

7.) MYTH: A parent can choose not to receive child support

Reality: Courts do not allow a parent to waive this right. Children have the legal right to receive financial support from their parents and any agreement by the parents otherwise will not be upheld by the courts, absent an Order on a Motion for Deviation from the amount owed.

8.) MYTH: You don’t need an attorney for your divorce

Although having an attorney to proceed with a divorce is not a requirement, it is ALWAYS in your best interest to have someone who can navigate the maze of legal documents, child support, alimony, and division of property matters that you will encounter. An attorney can help you find the best resolution for both parties and get the matter resolved much more efficiently than if you attempted to do so yourself.

I hope debunking these myths has provided some clarity for whatever family law matters you may be dealing with. As always, please feel free to reach out to our office to schedule your free consultation with Marcie Baker.

***This blog is informational and in no way constitutes legal advice. Should you have any family law questions please do not hesitate to contact our office and we would be happy to assist you. 

Sources:

 https://www.traviswalkerlaw.com/family-law/myths-and-facts-of-child-support-in-florida/ https://www.orlandolegal.com/12-myths-about-florida-child-custody-and-support/ https://davidscottlaw.com/7-common-myths-about-family-law-and-divorce/