Family Law Services
Attorney Nexcy De La Rosa-Monroe specializes with handling casing concerning divorce, custody, paternity, child support, pre and post-nuptial agreements, relocation of children’s residence to other states or countries, mediation, modifications and appeals.
What is alimony?
Alimony is when one spouse must give another spouse money during or after a divorce to help with their living expenses. The person who is earning the most money out of the two is usually the one that must pay alimony. There are several types of alimony, ranging from temporary to permanent. The amount and duration of alimony is determined by one spouse’s need and the other spouse’s ability to pay. This only applies to legally married parties, not individuals who are dating, co-parenting, or cohabitating.
What is Equitable Distribution? Do I really have to give my husband/wife half of my retirement account?
In a divorce, Florida law requires that all assets and liabilities generated during the marriage be distributed fairly. The court will consider when the item was acquired, how it was acquired, and the value. Depending on your specific situation, this may or may not mean that you divide everything in half. How an asset or liability is divided will depend on your specific circumstances.
Should I just hire a paralegal to fill out my divorce papers?
The decision to hire an attorney is an important decision that you should not take lightly. A paralegal can only assist in filing out documents but cannot provide you with legal advice. It is against the law for a paralegal to tell you what you should select on a divorce form or to tell you the legal consequences of your choices. Remember, paralegals are not lawyers.
Whether you have a contested case or a have an agreement with your spouse that needs to put into written, the benefit of having an attorney is that you will be informed of what your rights and obligations are under the law and the consequences of any decisions that are made. Many times, people will agree to things without knowing what their rights are and under pressure of their spouse, DO NOT SIGN ANYTHING WITHOUT SPEAKING TO AN ATTORNEY FIRST.
Can I hire an attorney after my cases has started?
Yes, you can seek legal advice and/or hire an attorney even if you filed the initial divorce documents other family case and now need the help of an attorney.
Can I move or relocate with my children if I do not know where the father is living?
It depends on your specific circumstances on whether you already have a court order allowing the relocation and if you have exhausted your efforts to locate the other parent. Generally, relocation beyond a certain distance requires consent by the non-relocating parent or an order of the court. There are specific requirements established by Florida Statute 61.13001 that must be met when a request for relocation is made.
I want my children to go to a charter school, but their father/mother will not agree. What should I do?
This is something that you can agree to or negotiate through mediation when the initial parenting plan is established or you may seek a modification of school designation post-judgment. The court will consider several factors including the best interest of the minor child.
Can I get sole or full custody? What is the best interest of the minor child?
The physical custody and parental responsibility for a minor child is determined by the best interest of the minor child factors. It is the way that the court determines most issues related to children in a family case. The court will primarily consider the following:
(a) The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required.
(b) The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.
(c) The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent.
(d) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
(e) The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child.
(f) The moral fitness of the parents.
(g) The mental and physical health of the parents.
(h) The home, school, and community record of the child.
(i) The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
(j) The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child’s friends, teachers, medical care providers, daily activities, and favorite things.
(k) The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime.
(l) The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child.
(m) Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought. If the court accepts evidence of prior or pending actions regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect, the court must specifically acknowledge in writing that such evidence was considered when evaluating the best interests of the child.
(n) Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.
(o) The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties.
(p) The demonstrated capacity and disposition of each parent to participate and be involved in the child’s school and extracurricular activities.
(q) The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse.
(r) The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child, and refraining from disparaging comments about the other parent to the child.
(s) The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child’s developmental needs.
(t) Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule.
My child is living with their grandmother/grandfather and I want to give them custody. What should I do?
You can establish a temporary custody which allows a relative or another person that you trust to step into your shoes as the child’s parent and provides legal custody to that individual. Temporary custody requires that both parents give consent, if available, or that the court finds that a parent is unfit to care for the minor child. Contact us today to determine if this is the best course of action in your case.
I received a notice in the mail telling me that I have a child and need to pay child support, but the child is not mine. What should I do?
You may have the right to request a paternity test. There are time limitations for when a paternity test may be requested. If you receive something in the mail alleging you are the father of an unknown child, do not ignore the mail. Take action to protect your rights. Your silence may cost you in the long run. Call us today to find out your available options.
How much will I have to pay in child support?
Child support is determined by a formula established by Florida statutes. The formula considers both parties’ incomes, allowable deductions, daycare, and medical insurance premiums. The timesharing each party exercises may or may not affect the child support amount.
What is an income deduction order?
An income deduction order allows the recipient parent of child support to be paid directly by the paying parent’s employer through payroll deductions. The payment may be sent directly to the recipient parent or processed through the State Disbursement Unit, which offers different payment options, including direct deposit, check, or pre-paid card.
I have a child support case and I have an attorney assigned to me through the State Attorney’s Office. Is that enough to defend me on my case?
If you have a child support case, the parent seeking support may have attorney assigned to their case for collection of child support, but they will not represent you in establishing or modifying parental responsibility, timesharing, or other parenting issues related to your children. Their sole focus is to collect child support on behalf of the minor child.
What is mediation?
Mediation is an effective way to negotiate a settlement of your assets, liabilities, alimony, custody, timesharing, child support, and any other issues involved in your family case. Since every family is different, mediation is the opportunity to reach an agreement with your spouse where you can create specific solutions that work for your family as whole and can incorporate your family’s moral or religious considerations that a judge may not be able to order under the law.
How much does mediation cost?
In a family case, you have the option of choosing private mediation or in-house court mediation. The price of private mediation varies, but it is usually an hourly rate, starting at $200 per hour, and the parties or the court may decide the share each party is responsible for you. The mediation fee is paid directly to the mediator. The court’s in-house mediation is a flat fee, usually $60 or $120 paid by each party, but the ability to be referred to this type of mediation and the fee is based on the parties’ incomes.
Should I hire an attorney if I want a divorce through mediation?
It is recommended that you attend mediation with an attorney so that you know the consequences of your decisions, even if you believe that you and your spouse will be able to reach an agreement. Sometimes parties know how they want to divide their property, but do not know what are their options regarding timesharing with the children and child support. Before you sign a marital settlement agreement, you should consult an attorney.
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DISCLAIMER: The hiring of a lawyer is an important decision that should not be based solely upon advertisements. The materials contained within this website provide general information about the firm, and do not constitute legal advice and are intended for informational purposes only.