Jump to Navigation

Miami Divorce Law Blog

Child support and establishing paternity

Unmarried parents in the state of Florida can face unique issues when attempting to resolve custody or child support matters. One of these is establishing paternity. Unlike in the case of married parents getting a divorce, paternity is not automatically assumed in the case of parents who were never married. This means establishing paternity must be the very first thing before a child support order can be initiated.

Establishing paternity is extremely important for fathers. Just because a woman says you are the father of the child does not make it true, and once you have legally accepted paternity, it can be very difficult to change this later on even if you find out that you were not the father. Establishing paternity as soon as you aware that a child has been born is an important step.

Be unselfish when divorcing with children

Divorce is often thought of as a time when people act quite selfishly. This is perhaps not entirely fair. In fact, if there are kids involved, this is one of the best times for people to be unselfish. They need to put their children first.

As you may know, the court's main goal in child custody situations in Florida is to do what is in the best interests of the child. So, if you're unselfish and focus on your child, you ironically stand the best chance of actually getting what you want out of the divorce.

Divorced women need to think about finances

Money issues are at the heart of almost every divorce, but some people fail to think about what their finances will look like when the dust settles. Anyone going through or contemplating a divorce would do well to take extra care with their current finances as well as financial planning, but women in particular may be at a higher risk of money problems after divorce.

One possible reason for this is that many women still put their careers on hold to stay home with the children. Even if they work out of the home part-time, they may pass up promotions or additional work responsibilities if they are part of a two-income household. However, once divorce happens, it can make it very difficult to get right back into the full-time workforce. There's also research to suggest that divorced women earn less overall than divorced men.

Effective parenting after a divorce

Parenting changes after you and your spouse get divorced. It can be hard to know what to do, but you still need to work hard to parent effectively. These tips can help you do so.

First and foremost, make sure that your children know that, for the time that they spend with you, you and only you have the final say. You're in charge. If you tell them to do something, don't let them counter you by arguing that the other parent does things differently. This can be tough when you and your spouse have different parenting styles, but you need to stick to what you think is best.

Domestic violence cases are complicated

Domestic violence is never a simple matter. Just like the relationships and people they involve, each domestic violence situation is unique and must be treated accordingly. At Pacheco Perez, we understand how challenging these situations are and work with you to help you understand what to expect from the courts and how to begin moving forward.

There are two sides to every story, and this is especially true for domestic violence allegations. It's important to understand that without some kind of documentation, whether it be a police report or photos of injuries, it can be very difficult to get past the he-said-she-said that is so common in these situations. No matter which side of the courtroom you are on, we can help you understand what kind of evidence is necessary and how any past incidents or documentation may come into play.

The increase in social media prenups

Concerned that you aren't going to have full control over what your spouse says about you online? You're not alone, and many people are actually getting prenuptial agreements that dictate how social media can be used after the marriage. This has been on the rise as social media grows more and more popular and widely used.

Naturally, all of these prenups are a bit different, but one common example clause is stating that a spouse has to pay when putting pictures online that the other spouse finds unflattering. For those who want to make sure their spouses never post anything embarrassing, charging thousands of dollars for these offensive pictures sometimes does the trick.

Coparenting and talking about your ex

Coparenting can be a very challenging experience. Even if you know in your mind that being civil and even friendly with your ex is best for the children, it can be difficult to actually put into action. This is especially true if the divorce was due to infidelity, abuse or issues with addiction. However, it's important to remember that no matter what happened between you and your ex, both of you are and will always be your children's parents. Taking steps to protect your child's relationship with the other parent is an important part of coparenting after divorce.

One of the best and easiest ways to promote a healthy relationship between your children and your ex is to refrain from talking in a disparaging way about your ex in front of the children. Young children especially don't have the capacity to understand expressions or exaggerations and can end up feeling anxious or scared about spending time with the other parent.

2 ways inheritance can impact child support

When you and your ex split up in Florida, one of you may be ordered to pay child support to the other. For instance, you could get custody, meaning your spouse will likely have to pay support to you to help you raise the children. This is calculated based on many factors, including available assets and income at the time of the divorce.

What if your spouse gets more money down the line, perhaps from an inheritance? Can that change the amount that is paid? There are two ways that the money can impact the situation.

Child support: Dealing with unusual income sources

Physical and monetary assets normally do not factor into a child support order and how much you may pay or receive. However, high-asset divorces also often deal with high incomes, which do impact your potential child support order. These types of situations may also be more likely to include alternate sources of income, such as rental income, stock dividends and interest from financial accounts.

If your spouse has been the primary breadwinner for the family and has some of these more unusual income streams, it can be confusing trying to understand what impacts child support and what does not. You may even find through the financial discovery and disclosure process that your soon-to-be ex was hiding income. An experienced family law attorney can help you get an accurate picture of the family's finances so that a fair and reasonable child support order can be implemented according to Florida's guidelines.

A prenup may be more needed for those marrying later in life

The cliche engaged couple is still rather young, perhaps fresh out of college, without any serious income or children. They may not even have full-time jobs yet, and they have probably not accumulated any wealth. As such, though they can use a prenup, it's a bit harder to find a reason to do so.

However, the reality is that many people in Florida get married—perhaps for the second time—when they are in the middle for their lives. For those in their 40s, 50s, and 60s, a prenup may make a lot more sense because people at this age are more likely to:

Do You Have a Case?

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Contact Pacheco Perez Ortiz P.A. for a Free initial Consultation • Se Habla Espanol

2121 Douglas Road
Suite 200
Miami, FL 33145
Map & Directions

Phone 305.742.0063
Toll Free 888.544.1366
Fax: 305.442.2639
E-mail Us

Major Credit Cards Accepted | American Express Mastercard | Visa | PayPal Verified