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How To Enforce Child Support

By David L. Hirschberg, P.A. |

Child support is not the right of either parent—it is the right of a child.  Accordingly, it cannot be waived by either parent.  Each paternity and divorce case must end with a child support calculation.  However, there are times when a parent does not make their child support payments and falls into arrears. As… Read More »

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When Divorce Mediation May Not Work For You

By David L. Hirschberg, P.A. |

In most counties in Florida, a case is not permitted to proceed to trial without the parties having attended mediation at least once.  The timing of attending mediation differs depending on the parties, issues in the case, and other factors.  Some parties are eager or willing to attend mediation as early in the process… Read More »

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What are the Three Main Types of Parental Alienation?

By David L. Hirschberg, P.A. |

When a parent engages in parental alienation with their child after a divorce, everyone suffers. It not only creates problems with the relationship between the child and their other parent, but the relationship between the alienator and their child can be damaged, as well. If you are a parent navigating a Florida divorce, it… Read More »

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Can I Keep My Pension in a Florida Divorce?

By David L. Hirschberg, P.A. |

In any Florida divorce, property distribution is often one of the most significant issues that a couple must negotiate before the divorce can be finalized. In many cases, some of the biggest assets to divide are pensions and other retirement accounts. But is it possible for one spouse to keep their pension in a… Read More »

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What is a Qualified Domestic Relations Order?

By David L. Hirschberg, P.A. |

In any Florida divorce the couple must divide all their marital assets, and this usually includes the division of retirement accounts. Certain retirement plans can be divided or transferred without issue, but others require a qualified domestic relations order (QDRO) in order to split or transfer the value of the account in a divorce…. Read More »

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When Can a Child Express a Preference for Custody?

By David L. Hirschberg, P.A. |

When a Florida divorce involves minor children, one of the biggest decisions that the parents must make is that of custody. Typically, the court encourages the parents to come to an agreement that works best for them, but if the parents cannot agree on a custody arrangement the court will step in and make… Read More »

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How Can Property Become Commingled?

By David L. Hirschberg, P.A. |

Florida is an equitable distribution state, which means that all marital property must be split equitably, but not necessarily equally, between spouses. What is identified as marital property can have a substantial impact on your ultimate divorce settlement.  In many cases, someone’s pre-marital property/separate property is an issue in the divorce.  The issue often… Read More »

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What Should Be Included in a Parenting Plan?

By David L. Hirschberg, P.A. |

In any divorce there are a number of issues that must be settled before the divorce can be finalized. For couples with minor children, one of these issues is the drafting of a parenting plan. In Florida, a parenting plan covers any and all childcare issues that improves communication between parents, resolves potential future… Read More »

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Tax Implications for Your Divorce

By David L. Hirschberg, P.A. |

Once you and your spouse decide to file for divorce many issues can arise quickly; however, not everyone considers the tax implications of a divorce as one of those major issues. Certain decisions made during the divorce process can ultimately have a massive impact on your taxes. Considerations must be made during discussions about… Read More »

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Reviewing Parenting Time During the Coronavirus Outbreak

By David L. Hirschberg, P.A. |

With the coronavirus (COVID-19) pandemic upending lives across the country, divorced parents with minor children are facing particular difficulties. Schools are shutting down and “stay in place” orders are requiring parents to teach and watch their kids at home while also attempting to work remotely. This may be a good time to review your… Read More »

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