Law Office of Kelly A. Rodenas, PAFindLaw IM Template2026-11-04T06:07:04Zhttps://www.kellyrodenaslaw.com/feed/atom/WordPress/wp-content/uploads/sites/1302476/2021/12/cropped-kelly-favicon-pink-32x32.jpgOn Behalf of Law Office of Kelly A. Rodenas, PA<![CDATA[How a family business is divided during divorce]]>https://www.kellyrodenaslaw.com/?p=470762026-10-30T05:07:49Z2026-11-04T06:07:04ZFlorida courts first decide what part of the business is marital
A business created during the marriage usually counts as marital property under Florida law. If your spouse owned the business before the marriage, the court may still divide any added value that came from marital work, marital funds or other joint efforts. Growth that happened without marital effort may stay separate property.
Florida uses equitable distribution when dividing marital assets in divorce. In business cases, the result often turns on financial records and proof of marital contribution. The same need for detailed financial documentation can affect other asset and debt division questions during the case.
What options do you and your spouse have for dividing the business?
Once the business has been valued, you can look at several ways to resolve ownership. General Florida divorce rules help show the larger framework for dividing marital property. Common options include:
You buy out your spouse’s share, or your spouse buys out yours.
You and your spouse sell the business and divide the net proceeds.
You and your spouse trade other marital assets to offset the business value.
You and your spouse continue as co-owners under a written agreement.
You do not always need to sell the business or divide it evenly. The right structure depends on cash flow, other marital assets and whether you and your spouse can continue to work together.
Records and valuation can shape the outcome
Business division often depends on appraisals, tax returns, profit records and other financial documents. Those records can help show whether part of the business stayed separate, how much value the marriage added and what settlement options make financial sense.
Dividing a family business during divorce can have lasting financial effects. A family law attorney can work with valuation professionals to assess which part of the business is marital, identify realistic settlement options and explain how each proposed structure could affect your finances before you agree to any terms.]]>On Behalf of Law Office of Kelly A. Rodenas, PA<![CDATA[How adultery affects divorce in Florida]]>https://www.kellyrodenaslaw.com/?p=470702026-10-15T13:05:31Z2026-10-20T08:19:04ZFlorida operates as a no-fault divorce state, meaning neither spouse must prove infidelity to dissolve a marriage. While cheating does not serve as a legal basis to end a union, marital misconduct can still influence specific financial and parental outcomes.
Financial and custodial consequences of infidelity
Florida courts do not punish adultery on moral grounds. Instead, judges look at three areas where the misconduct may matter:
Dissipation of marital assets: A spouse may use joint funds for gifts, hotel stays or trips to support an affair. If so, the court can compensate the other spouse. This financial drain often leads to an unequal split of the remaining marital property.
Alimony decisions: Florida courts may consider adultery when setting spousal support. This typically applies if the affair directly changed the financial situation of either spouse, such as by depleting resources that would otherwise support a partner.
Parenting plans and timesharing: Infidelity rarely affects child custody. However, the court may consider it if the affair somehow puts a child in an unsafe setting or harms the physical or emotional well being of the child.
Florida judges retain broad discretion when evaluating these issues during a trial. The court carefully examines the unique details of each marriage to achieve an equitable resolution.
Gathering the necessary evidence
To show that an affair affected the marital estate, a spouse must present clear, documented proof. Financial records such as bank statements, credit card bills and any other evidence are essential. This paperwork helps prove that a partner wasted shared assets on an outside relationship.
Protecting marital rights
The complex link between misconduct and asset distribution means these cases need a clear strategy. Spouses dealing with these issues often benefit from an experienced family law attorney. A lawyer can help subpoena financial records and measure the exact amount of wasted assets. They can also build a strong case to recover wasted funds and seek an unequal division of marital property.]]>On Behalf of Law Office of Kelly A. Rodenas, PA<![CDATA[How Florida courts impute income for child support]]>https://www.kellyrodenaslaw.com/?p=470652026-10-05T13:23:19Z2026-10-08T08:18:45ZFactors used to calculate potential earnings
Judges follow specific rules to set a fair number. They generally use the parent’s:
Recent work history
Occupational qualifications
Prevailing community wages
Reviewing these details helps the court create a true financial profile for the family law case. These evidence-based findings prevent one parent from unfairly shifting the money burden to the other during the divorce or child support proceedings.
When courts may decline to impute income
The state does not by itself label every parent who earns less than their potential as voluntarily underemployed. Judges may decline to impute income if a parent has a proven physical or mental disability. Professional testimony can help show why a parent cannot work at a higher capacity.
Similar exceptions often apply to child support calculations when a parent stays home to care for a child with special needs. The court weighs the best interests of the child against the financial power of the parent. Documenting these needs helps the court make a fair decision.
Securing a fair support arrangement
Managing these money rules needs a clear view of rights and duties under state law. Professional guidance can help the court receive accurate records about earning capacity and family needs. Speaking with a family law attorney who understands these details can provide clarity.]]>On Behalf of Law Office of Kelly A. Rodenas, PA<![CDATA[Does a new spouse’s income change child support?]]>https://www.kellyrodenaslaw.com/?p=470632026-09-23T14:07:02Z2026-09-28T14:06:03ZLegal parent v. stepparent
Courts consider a biological or adoptive parent to be a child's legal parent. Florida law also recognizes individuals whose parentage has been established through a court order, such as through a paternity adjudication. Just like biological and adoptive parents, Florida's child support guidelines apply to these individuals as well. Both legal parents are responsible for their child's welfare and must provide financial support unless a court formally terminates their parental rights.
In contrast, family law does not treat a stepparent as a legal parent by default, unless that stepparent legally adopts the child.
New spouse income and support duties
When calculating child support, Florida courts evaluate only the legal parent's income, including wages, business earnings, pensions and various other income streams. A judge generally does not include a stepparent's income when setting basic child support. In other words, if you marry someone who has higher income, it does not give grounds for modifying child support.
Guidance for your family
Tackling your finances related to child support after remarriage requires a clear understanding of Florida family law. You do not have to figure out these legal rules and regulations on your own. With the help of an attorney experienced in family law, you can protect your rights, safeguard your financial future and find a way to support your children.]]>On Behalf of Law Office of Kelly A. Rodenas, PA<![CDATA[Can a spouse get temporary support during a Florida divorce?]]>https://www.kellyrodenaslaw.com/?p=470612026-09-03T18:07:58Z2026-09-08T18:07:08ZShort-term support can address immediate strain
A divorce can create financial strain long before the final judgment. One spouse may move out, lose access to shared income or take on more child-related expenses while the matter is still moving through court. Short-term support is meant to help stabilize the receiving spouse’s finances during that period.
Under Florida Statute § 61.071, either spouse may ask the court for temporary alimony during a pending divorce proceeding. The court may award this support based on what justice and equity require given the parties' circumstances. A spouse who asks for this relief usually must show a present need and the other spouse’s ability to pay. The court may look at income, expenses, access to assets and the family’s current living situation.
What can this type of relief include?
This kind of relief may involve more than monthly support. Depending on the facts, the court may also decide who stays in the marital home, who pays certain bills and whether one spouse should help cover legal fees during the proceedings. An order may include:
Interim alimony
Immediate child support
Exclusive use of the marital home
Payment of certain household expenses
Interim attorney’s fees or costs
In Florida, a motion for this relief typically requires family court forms, financial affidavits, income records and a statement of the requesting spouse’s current needs.
Early orders can affect the rest of the divorce
Financial pressure at the start of a divorce can affect settlement decisions later. Many economic issues in divorce move more smoothly when support, housing and payment questions are resolved early rather than left open as sources of ongoing dispute. A divorce attorney can ask for relief that protects stability now, because the orders entered at the start of the case can shape the financial and practical conditions under which the divorce unfolds.]]>On Behalf of Law Office of Kelly A. Rodenas, PA<![CDATA[How to create a successful Florida time-sharing plan for kids]]>https://www.kellyrodenaslaw.com/?p=470582026-08-20T13:02:57Z2026-08-25T09:17:18ZStart with the child’s real schedule
A parenting plan works better when it fits the child’s actual life, not an ideal version of it. School hours, daycare, medical needs, activities and each parent’s work schedule can all shape what time-sharing arrangement makes sense.
A court will care about whether the schedule supports stability. For example, a younger child may need more consistency and shorter transitions, while an older child may handle a more flexible routine.
What details should a parenting plan cover?
A good plan should address practical details that parents often fight over later, including:
Pick-up and drop-off arrangements
How parents will communicate
Holiday and vacation schedules
How schedule changes will be handled
Who will make major decisions about school, health care and activities
Local court resources can show what Florida courts expect families to think through before final approval.
A workable plan can prevent future conflict
Many parenting plan disputes start with a schedule that looks fine at first but breaks down in daily life. Clear terms can reduce arguments about missed exchanges, holiday confusion or last-minute changes. A family lawyer can help shape a plan the court can approve and both parents can realistically follow. The stronger plans are usually the ones that still work after the first few months, when school demands, activity schedules and unexpected changes start testing the arrangement.]]>On Behalf of Law Office of Kelly A. Rodenas, PA<![CDATA[What happens to health insurance after divorce in Florida?]]>https://www.kellyrodenaslaw.com/?p=470562026-08-06T13:53:42Z2026-08-11T09:55:55ZCoverage usually changes after the divorce
Many employer-sponsored health plans cover a spouse only while the marriage remains legally valid. In most cases, coverage ends once the divorce becomes final. Until then, temporary coverage often continues unless the court orders otherwise or the plan has different rules.
During a divorce, Florida courts may also consider children's health insurance. Under Florida Statutes § 61.13, courts can require one or both parents to maintain health insurance for a child when coverage is reasonably available. This helps protect a child's ongoing medical needs. Being aware of these rules ahead of time can help you line up replacement coverage before your current plan ends.
Options after losing spousal coverage
After a divorce, you may have several ways to stay insured, depending on your situation:
Continue your former spouse's employer-sponsored plan for a limited time through federal COBRA rules if the plan qualifies
Enroll in your own employer's health insurance if it offers a special enrollment period
Purchase an individual health insurance policy through the Health Insurance Marketplace
Check whether you qualify for Medicaid or other public health coverage based on your income
Reviewing these options early can help you avoid an unexpected lapse in coverage.
Financial issues may affect insurance decisions
Health insurance costs often become part of the larger financial discussion during divorce. Premiums, deductibles and out-of-pocket medical expenses may influence support arrangements or settlement negotiations. Florida Statutes § 61.30 also allows health insurance costs for children to factor into child support calculations when courts determine each parent's financial responsibility. These financial details often shape the final agreement.
Planning ahead can reduce stress and help you make informed choices. If you have questions about how divorce may affect your health insurance, consider reaching out to a legal professional for guidance.]]>On Behalf of Law Office of Kelly A. Rodenas, PA<![CDATA[How do unmarried fathers establish paternity in Florida?]]>https://www.kellyrodenaslaw.com/?p=470542026-07-23T13:08:58Z2026-07-28T13:07:57ZSigning papers at birth can establish fatherhood
If the parents are not married when the child is born, they may sign a voluntary acknowledgment of paternity. When both parents complete that form properly, it establishes the man's status as the child's legal father. This is often the quickest way to address fatherhood when the parents agree from the start.
When does the issue move into court?
A court case may become necessary if no one completed an acknowledgment, if either parent challenges paternity or if questions later arise about parenting time or child support. Once the issue reaches the court, the judge may first need to decide whether the man is the child's legal father before addressing anything else.
What can the court decide after paternity is confirmed?
Once paternity is in place, the legal conversation usually becomes broader. The court can begin addressing how each parent will share time, responsibility and financial obligations connected to the child. That may include decisions about:
Parenting time
Parental responsibility
Child support
Health insurance coverage
Related child expenses
These decisions can shape the child's routine and each parent's responsibilities for years. Once paternity becomes contested, Florida's parentage process may affect how the court handles support and parenting time.
Legal help can make the next step clearer
Some fathers only need to confirm whether a birth-time form already establishes fatherhood. Others need to file or respond to a court case. A paternity dispute may quickly involve child support, parenting time and decision-making issues that are harder to resolve once conflict grows. A lawyer can help you understand what the law already recognizes and what step comes next.]]>On Behalf of Law Office of Kelly A. Rodenas, PA<![CDATA[Can a parenting plan include screen time and device rules?]]>https://www.kellyrodenaslaw.com/?p=470512026-07-09T13:27:46Z2026-07-14T13:26:51Zparenting plan can help set clearer expectations. Although state law does not require a separate screen-time section, parenting plans generally address daily parenting responsibilities, school matters, health care, activities and communication. Screen-time limits may fit into those broader categories when they support your child’s routine, safety and best interests.
What device rules can parents include?
You and your co-parent may want to discuss how technology will work in both homes. The goal is not to control every small detail, but to reduce arguments over what happens in each home.
Your plan can address issues such as:
How much time your child spends on games, apps or social media
How your child uses a phone, tablet or video call to contact the other parent
These details can be especially helpful if your child already pushes boundaries around screens or if each household handles technology very differently.
How clear language can prevent device disputes
Vague wording could lead to more disagreement. For example, saying “reasonable screen time” may mean one thing to you and something very different to your co-parent. A clearer rule may explain when devices turn off on school nights or how parents will handle unsafe apps, strangers online or harmful content. Once these terms become part of a court-approved plan, they also carry legal weight if one parent does not follow them.
Creating a plan that works in real life
Technology will keep changing as your child gets older. A useful parenting plan can include graduated limits, so a 7-year-old may have tighter screen-time boundaries than a 15-year-old who needs a phone for school, activities or transportation. By setting clear device rules early, you can reduce conflict and help your child follow a steadier routine in both homes.]]>On Behalf of Law Office of Kelly A. Rodenas, PA<![CDATA[Protecting your financial stability after a divorce]]>https://www.kellyrodenaslaw.com/?p=470472026-06-25T12:29:33Z2026-06-30T13:06:50ZStart gathering financial information
The first step is to get a clear picture of the financial situation of the family. Some important documents that can help in gathering information may include:
Recent tax returns
Bank statements
Credit card statements
Retirement account record
Mortgage and loan documents
Even if the other spouse does not have access to all the records, collecting available information might help in better understanding the assets involved.
Do not assume you are at a disadvantage
People sometimes fear that a spouse who controls the finances has all the power during a divorce. However, Florida law generally requires both parties to give full disclosure so that important decisions of property division, child support and spousal support can be made based on correct information rather than guesswork.
When questions arise regarding the missing information or any undisclosed assets legal procedures are in place to gather the additional financial records.
Focus on the bigger financial picture
Divorce can involve more than deciding who pays the bills. Bank accounts, retirement savings, debts, real estate and other assets might have a big role in the result of the case. Taking some time to understand the overall financial picture of the family can help to make an informed decision as the process moves forward.
Taking next steps with more clarity
Divorce can feel overwhelming, especially when one spouse has managed all the finances during marriage. However, less involvement in financial matters does not mean that a person must go through the divorce blindly. Taking measured steps to gather information and learn the family's finances might help move to the next step with more confidence and clarity.]]>