spivack family law

Family Law – You Need The Right Attorney On Your Side!

Family law matters, such as divorce, child custody & support, visitation, and paternity call for a dedicated and knowledgeable attorney who can handle the case with respect, discretion and thoroughness. These cases are legally complex and emotionally charged, affecting many people on different levels.

Just as every family is unique, every family legal matter is unique. We at Spivack Law, P.A. understand the intricate nature of family law, and work hard to provide caring and compassionate representation while fully protecting the interests of their clients. With Spivack Law, P.A. on your side, you’ll know you have an attorney who has your best interest in mind.


color-blocks-1Divorce – The Dissolution of Marriage

Spivack Law understands the emotional impact of divorce.  We also understand that the results we obtain for each client will have a major impact in how that client can proceed with their life after their divorce.  We work carefully with our clients to ensure that from the start of our representation we know their goals and objectives.  From the beginning, we make sure that every client understands the divorce process, gets their questions answered and are always kept well-informed about the progress of their case.  In this sensitive area of the law, we pride ourselves in zealously protecting our clients’ rights, and in handling their cases with respect, discretion and thoroughness.

 

Divorce, also know as “Dissolution of Marriage,” can be simple, or it can require resolving many different issues that can make the case much more complex.  Are there children involved?  Were assets acquired before or after the marriage?  When were debts incurred?  Is it appropriate to seek alimony (spousal support)?  Was there a pre-nuptial agreement?  Is a business involved?  What effect will the divorce have on my retirement accounts?  Did infidelity or abuse occur?  At Spivack Law, we make certain that we speak with our clients about these and many other issues, as they all can have a bearing on how a case gets resolved.  Most importantly, we have the knowledge and experience to successfully deal with any issues that may arise in a divorce.

 

When the marriage involves children, Florida law requires that the Court enter an Order called a “Parenting Plan.”  While the Parenting Plan must decide a number of issues involving the children, one of the most important matters that must be decided is now called “timesharing” (what used to be called custody and visitation).  Quite simply, timesharing determines when the children are to be with each parent.  Also, the amount of timesharing that a parent is awarded can have an affect on the child support that the parent is ordered to receive or pay.  Many different things can affect the timesharing awarded by the Court to a parent.  At Spivack Law, with over 25 years of experience, we know what makes the difference to judges, and we work intensively with each client to develop the best case for the timesharing that that parent wants.

 

In most divorce cases, there are property (“assets”) and debts that must be divided between the 2 parties.  This is called Equitable Distribution of Assets and Debts.  The first questions that must be answered are: which assets are “marital assets” and which debts are “marital debts.”  As a general rule, marital assets are assets that were acquired by 1 or both of the parties during the marriage, and marital debts are liabilities that were incurred by either of the parties during the marriage.  It may not matter who bought the assets or whose name it is titled in, or in which party’s name the debt was incurred under.  What will happen to the home?  How will retirement accounts be dealt with?  What will happen to the family business?  Who will be responsible for the mortgage?  The knowledge and experience that Spivack Law brings to each client’s case allows us to obtain the best results possible for our clients.

 

The last major issue in divorce cases can be alimony (spousal support).  When is it appropriate to request alimony, what types of alimony should be requested, and how is a case for alimony proven?  How can a request for alimony from the other spouse best be defended against?  What is the importance of the length of the marriage, or the standard of living during the marriage?  Divorce clients of Spivack Law P.A. can rest assured that their lawyer has successfully litigated and tried many cases involving alimony and is extremely familiar with this complex area of divorce law.  Whether a case for alimony needs to be made or defended against, a divorce client's best weapon is the knowledge and experience of Spivack Law.

 

Call or email Spivack Law today to set up your initial consultation.  We can help you.  Let us tell you how we can help.

color-blocks-4Child Custody (Time Sharing), Visitation (Parenting Plan) and Child Support Issues

Nothing is more precious than our children.  If you have children but were not married, how do you protect their best interests?  If you are a father who never married the mother of your children, how do you protect and enforce your parental rights?  How is child support calculated, and what are the factors that determine the amount of support?  At Spivack Law, we can and will answer these questions.  We work carefully with our clients to ensure that from the start of our representation we know their goals and objectives.  The Supreme Court of the United States and the Florida Supreme Court have both ruled that parental rights are fundamental rights.  We handle our clients’ cases in this area of law with the care and thoroughness they deserve.  In short, Spivack Law zealously protects these fundamental rights.

 

Whenever children are involved, Florida law requires that the Court enter an Order called a “Parenting Plan.”  While the Parenting Plan must determine all of these issues involving the children, one of the most important matters that must be decided is now called “timesharing” (what used to be called custody and visitation).  Quite simply, timesharing determines when the children are to be with each parent.  Also, the amount of timesharing that a parent is awarded can have an affect on the child support that the parent is ordered to receive or pay.

 

So many questions need to be answered in any case involving children.  What is the timesharing schedule going to be?  Should timesharing be supervised or in some other way limited?  Who will be responsible for making the major life decisions for the children that need to be made?  How will holidays be handled?  What about summers?  What is the best way for the children to be exchanged between the parents?  Can each parent leave the State of Florida when they have the children?  What has to happen if one parent wants to relocate with the children?  How should the children communicate with one parent while they are with the other parent?  How much child support should be paid, and what are the factors that make a difference in calculating child support?  At Spivack Law, we help our clients get answers to these and other questions, and with our vast knowledge and over 25 years of experience, we make sure that the best interests of your children are protected.

 

Call or email Spivack Law today to set up your initial consultation.  We can help you.  Let us tell you how we can help.

color-blocks-7Paternity Suits

If you are a father who never married the mother of your children, how do you protect and enforce your parental rights?  If you are unsure if you are the father, how do you find out for sure?  If you are a mother who never married the father, how do you protect your children’s best interests?  At Spivack Law, we know the answers to these questions.  The Supreme Court of the United States and the Florida Supreme Court have both ruled that parental rights are fundamental rights.  We handle our clients’ cases in this area of law with the care and thoroughness they deserve.  In short, Spivack Law zealously protects these fundamental rights.

 

In order to enforce and protect his parental rights in situations where the parents of children never married, the father (even if he is listed as the father on the birth certificates) must get an Order from a judge ruling that he is the natural and legal father of his children.  This is done by filing what is typically called a “Paternity case.”  Either a father who wants to prove that he is or isn’t the father, or a mother who wants to prove a father’s paternity, can file a Paternity case.  DNA testing may or may not be required to prove a father’s paternity.

 

Once a father’s paternity has been proven, the mother and father will be viewed equally by the Court, and the Court must then proceed to enter an Order called a “Parenting Plan.”  While the Parenting Plan must determine all of these issues involving the children, one of the most important matters that must be decided is now called “timesharing” (what used to be called custody and visitation).  Quite simply, timesharing determines when the children are to be with each parent.  Also, the amount of timesharing that a parent is awarded can have an affect on the child support that the parent is ordered to receive or pay.

 

So many questions need to be answered in any case involving children.  What is the timesharing schedule going to be?  Should timesharing be supervised or in some other way limited?  Who will be responsible for making the major life decisions for the children that need to be made?  How will holidays be handled?  What about summers?  What is the best way for the children to be exchanged between the parents?  Can each parent leave the State of Florida when they have the children?  What has to happen if one parent wants to relocate with the children?  How should the children communicate with one parent while they are with the other parent?  At Spivack Law, we help our clients get answers to these and other questions, and with our vast knowledge and over 25 years of experience, we make sure that the best interests of your children are protected.

 

Call or email Spivack Law today to set up your initial consultation.  We can help you.  Let us tell you how we can help.

MODIFICATIONS AND ENFORCEMENT OF EXISTING JUDGMENTS AND ORDERS

 

Sometimes, existing Final Judgments and Orders need to be modified or enforced by the Court.  Even the best designed and well-crafted settlements, or rulings by a judge, in divorces, custody cases, child support cases and paternity cases will often need to be revisited and adjusted as time goes by.  Custody and visitation issues (timesharing and the “Parenting Plan”), child support amounts, and alimony awards can all be modified if there are substantial changes in circumstances that have occurred.  Employment changes, financial hardships, relocation, health issues, etc. can all play a part in determining if changes or adjustments are needed.  Also, judgments and orders on all of these issues that are not being obeyed by the other party can be enforced, and requesting the Court to exercise its contempt powers may be appropriate in some cases.

 

It is vital that, where such changes have occurred, you act immediately to protect your interests and the best interests of your children.  At Spivack Law, we have 25 years of experience in protecting the rights of our clients, and we know and can tell you when judgments or orders need to be modified or enforced.  Call or email Spivack Law today to set up your initial consultation.  We can help you.  Let us tell you how we can help.

color-blocks-4Injunctions for Protection - Restraining Orders

Injunctions for Protection (also known as Restraining Orders in other states) can be issued by the Court for: 1.) Domestic Violence, 2.) Sexual Violence, 3.) Dating Violence, and 4.) Repeat Violence.  What needs to be proven to obtain an Injunction for Protection differs depending on the type of Injunction sought.  An Injunction for  Protection is an Order of the Court that is meant to provide protection to a person who needs it.  Very often, the Court will enter a Temporary Injunction for Protection at the time the Injunction is filed for, and a court date will be set for a final hearing.  At such a hearing, often called a “return hearing,” the Court will hear evidence to determine if a Final Judgment of Injunction for Protection should be entered.  Whichever side of the Injunction process you are on, it is vital that you hire the best attorney to represent you.

 

Spivack Law has successfully represented clients who were requesting an Injunction for Protection from the Court, and has also successfully represented clients who were fighting against the entry of such an Order.  We know how to prove to the judge that an Injunction for Protection should be granted, and we also know what it takes to successfully defend against a request for an Injunction.  No matter which side of the process you are on, your rights must be zealously protected.  Spivack Law provides its clients with their best chance of obtaining the result they are looking for in these important cases.

 

Call or email Spivack Law today to set up your initial consultation.  We can help you.  Let us tell you how we can help.