Quattrone Family Law

Quattrone Family Law

We’ve been handling legal issues in the state of Florida since 2008, and you can rest assured that we’ll work hard to obtain a successful outcome for you.

Wednesday, 09 March 2016 00:00

Probate Law


The court process by which a Will is proved valid or invalid. The legal process wherein the estate of a decedent is administered.

When a person dies, his or her estate must go through probate, which is a process overseen by a probate court. If the decedent leaves a will directing how his or her property should be distributed after death, the probate court must determine if it should be admitted to probate and given legal effect. If the decedent dies intestate—without leaving a will—the court appoints a Personal Representative to distribute the decedent's property according to the laws of Descent and Distribution. These laws direct the distribution of assets based on hereditary succession.

In general, the probate process involves collecting the decedent's assets, addressing creditors, paying necessary taxes, and distributing property to heirs.

Probate of a Will

The probate of a will means proving its genuineness in probate court. Unless otherwise provided by statute, a will must be admitted to probate before a court will allow the distribution of a decedent's property to the heirs according to its terms.

As a general rule, a will has no legal effect until it is probated. A will should be probated immediately, and no one has the right to suppress it. The person with possession of a will, usually the personal representative or the decedent's attorney, must produce it. Statutes impose penalties for concealing or destroying a will or for failing to produce it within a specified time.

Probate proceedings are usually held in the state in which the decedent had domicile or permanent residence at the time of death. If, however, the decedent owned real property in a another state, the will disposing of these assets must also be probated in that state. To qualify as a will in probate, an instrument must be of testamentary character and comply with all statutory requirements. A will that has been properly executed by a competent person—the testator—as required by law is entitled to be probated.

As a general rule, the original document must be presented for probate. Probate of a copy or duplicate of a will is not permitted unless the absence of the original is satisfactorily explained to the court. If a properly proved copy or duplicate of a will that has been lost or destroyed is presented to the court, it may be admitted to probate. A thorough and diligent search for the will is necessary before a copy can be probated as a lost will.

A codicil, which is a supplement to a will, is entitled to be probated together with the will it modifies, if it is properly executed according to statute.


A probate proceeding may involve either formal or informal procedures. Small estates may benefit from an informal and abbreviated probate proceeding.  However, a probate proceeding may be switched from informal to formal during the course of administration, if issues so warrant.

The probate process begins when the personal representative files with the clerk of the probate court a copy of the death certificate along with the will and a petition to admit the will to probate and to grant letters testamentary, which authorize him or her to distribute the estate. Although the personal representative usually files the probate petition, it can be filed by any person who has a pecuniary interest in the will.

Guardianship of Minor Children

Wills often contain instructions on who should be appointed legal guardian of the decedent's minor children. The probate court may investigate the qualifications of the proposed guardian before granting an order of appointment. When a will does not contain a guardianship provision, the court itself must determine, based on the best interests of the children, who should be appointed guardian.

Monday, 29 February 2016 00:00


  • What type of motion, objection, appeal? Can I file an objection to the ruling and a stay of execution to the ruling of the judge?

    I went to court on Jan. 8, 2015. I do not agree with the judges final decision nor is the paperwork consistant with the parenting plan that was submitted. The attorney did not get alot of it correct and it is being submitted to the court for signature. What should I do?

    Melanie’s Answer

    on Jan 7
    Not sure if there is a typo in your submission- if you had a hearing on 1/8 of last year, it would be highly unusual for the order to be submitted a year later. You should consult with an attorney as soon as possible.- the matter may well be time sensitive.

    Read More
  • How do i stop paying child support for a child that is not mine?

    I took a home DNA test for a child that was suppose to be mine and it came back that she wasnt. I am currently paying child support for her.

    Melanie’s Answer

    on Dec 1, 2015
    I agree with the previous answer- you should speak with an attorney about the details of your circumstances, as they will greatly affect the likelihood of whether you would be able to disestablish paternity. I also agree that a home test will not suffice in disproving that she isn't your biological child.

    Read More
  • What should I do try & settle out of court or go to court?

    i'm currenlty in the process of starting court in order to try & stop my childs mother from leaving florida & moving to hawaii with her new husband who's in the navy. currently i pay $530 a month for child support & $260 a month for daycare. shes stated in a deposition that when she gets to hawaii shes not going to be working she going to continue going to school. she is also trying to increase the amount of child support i pay. my question is what are the odds that she has to stay in florida & if my child support increases about how much would it increase? i make $24.12 & work overtime sometimes.

    Melanie’s Answer

    on May 21, 2015
    An assessment of the odds that relocation will be granted and how much your child support might increase can't be made from the limited information provided. The factors considered in whether to grant a relocation are contained in florida statute 61.13001. If she relocates and your time sharing % decreases, it could affect the child support. You should consult with a family law attorney in your area and discuss the details.

  • How can we go about getting our daughter last name changed?

    Another person is on the birth certificate that is not the biological father in which a test proved. I am currently married to the biological father and we are wanting to remove the name and add my husband name and also change our child last name as well.

    Melanie’s Answer

    on Apr 16, 2015
    I agree with the previous submissions. You may have to include/address the man who is listed on the birth certificate in the name change, but you also might be better served by seeking a different form of legal relief and have her name changed via that process. You should consult with a local attorney about the matter to determine your best course of action.

  • Visitation

    What is the minimum visitation a father gets. My ex never was part of my son's life. Now because the DOR is going after him for unpaid support he's trying to get more custody to either get even with me or pay less money. Let me add I have a 5 year injunction. He can see our son but can't go near me. Would a judge give him shared custody? Oh and our son is on the autism spectrum. I'm very worried.

    Melanie’s Answer

    on Mar 31, 2015
    I agree with the previous submissions- there is no minimum time sharing. Determinations are made on a case by case basis. You should consult with an attorney in your area.

  • What if the other party can not be served?

    My x husband is in the middle of places so there is no address for him other than a work address. What if he can not be served before court date? Can I serve him the papers myself?

    Melanie’s Answer

    on Mar 25, 2015
    I agree with the previous submissions. I strongly encourage you to seek legal counsel in your area. Although I don't know your circumstances, service is generally one of the more straight forward matters in a case. I expect that you are going to have many other questions during litigation and would likely benefit from legal assistance.

  • Will a judge take away my timesharing over Extracurricular Activities.

    My ex signed my son up for sports with out even asking me first. I have him every Saturday. I went ahead and did that season but asked her not to sign him up for the following season since I have made family plans. (I do have other children) But I would consider doing it again the season after next. And games were every Saturday. Well she signed him up with out any regards to what I have asked and demanded me to take him on my time. When I refused. She filed a petition to modify the final judgment as to timesharing and for the judge to force me to take him to activities, pay half of them and make her sole authority decision maker. Also filed a motion for contempt. Our final Judgment says NOTHING about extracurricular activities or the cost of them. Will a Judge actually take away my time? Will he make her sole authority decision maker and make me pay for them when I asked her not to sign him up?

    Melanie’s Answer

    on Mar 11, 2015
    It is certainly within the court's power to award her what she is asking for, if she shows that there has been a substantial change in circumstances since entry of the final judgment and that the changes requested are in the children's best interests. However, the relief requested seems a bit extreme based on the facts, although limited, that you provided. You should consult with an attorney in your area to discuss the matter and to protect your and the children's interests.

  • Sole custody of my son who also does not want to be with father ...

    My son father has been in an out of prison and before he went he was being abusive to me and now since hes out he is trying to see my son (he been out since aug 2013)I tried to bring my son to see him but when i did he argued with me an hit me in my mouth and said he would knock me out an took my keys to my car an he did this in front of my son , so when i finally got free to go i have not brung my son to see him and one time even threatened to kill me over the phone, so now he is talking about getting an lawyer to see my son but im scared and dont trust him he even told me he would he would take him and not give him back how can i get sole custody?

    Melanie’s Answer

    on Feb 25, 2015
    Selected as best answer
    You should talk to an attorney in your area immediately about the situation and your options. In addition to the family law issues raised by your inquiry, you may want to seek a protective injunction if is a potential danger to you and/or your son.

  • Can I request a letter from her doctor stating my ex's grandma doesn't have c dif?

    My ex has said his grandma has c dif and then he said she doesn't. Our 9 month old is supposed to start going to his home with which he lives with his grandma this weekend. I would like to request a written note from his grandma's dr stating she does not have c dif. He has refused to get a letter. I am very concerned since c dif is highly contagious.

    Melanie’s Answer

    on Feb 4, 2015
    You can ask for it, but you don't have any authority on your own to compel it. There is not enough information in your submission to give you guidance in the matter. Generally, if there is a court order regarding time sharing already in place, then it needs to be followed. You may be able to seek modification of it based on your concerns. If you were never married to the father and there is no order regarding the child in place, then you are entitled to make decisions on time sharing. You should consult with a family law attorney to discuss your circumstances and to determine your options.

  • I am a single mom of my 6 year old and I have no custody agreement and his father pays no financial support can I move out of FL

    I am being offered a better job in upstate NY plus this is where my 4 other children reside in addition to extended family. The cost of living is lower and the town that my children live in where I will be relocating Rouses Point, NY has practically no crime and just a safer place to raise my son. His father I know will not be like Sure go to NY but I am not sure if he will take it to the point to fight me over it, currently he pays no support we have no visitiation custody nothing on paper he is on the birth certificate, he takes our son about 6 days out of the month and 4 of those 6 days overnight. Where do I start, what are my rights? Can I leave the state of FL to move to NY without his premission? Desperate HELP

    Melanie’s Answer

    on Jan 27, 2015
    If you were not married and his paternity was never established, he does not have legally enforceable rights and you are entitled to leave the state with your son. However, he could then initiate a paternity action and ask that the Court require you to return your son to Florida. You should consult with a family law attorney about your specific circumstances and to determine your best course of action.

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Friday, 19 September 2014 00:00

Collaborative Divorce

Collaborative Family Law Promotes Divorce with Dignity

​Q: What, exactly, is collaborative family law, and how does it work?
A: Collaborative family law is a process through which the parties to a divorce and their individual attorneys commit to resolve all issues of the divorce by negotiated agreement without resorting to or threatening litigation. 

Collaborative law requires all parties—spouses and attorneys—to sign a collaborative law participation agreement, pledging to take a reasoned approach on all issues. All participants agree to create proposals that meet the fundamental needs of both parties and, if necessary, to compromise to settle all issues. After this agreement is signed, each spouse meets with his or her lawyer. Then, both spouses and their attorneys attend the first collaborative meeting. 
Almost all collaboration business is done in four-way meetings, with both attorneys and both parties present. Nothing happens in secret, and no one may threaten litigation, play games or take advantage.
The attorneys agree ahead of time NOT to file a contested divorce with the court. Rather, they agree in advance that they will withdraw from the case if it cannot be resolved out of court. This gives the attorneys a financial incentive to help resolve problems.
Q: What are the benefits and limitations of the collaborative process?
A: A collaborative process is less time-consuming, less expensive and less confrontational than a traditional adversarial divorce. Reducing such stress allows parties to focus on problem resolution. The parties’ lawyers represent their respective interests and can prepare all necessary paperwork, but the parties have more control over a collaborative settlement than a traditional divorce. The collaborative process is also more private than a contested divorce, which generates court filings, transcripts and hearings in open court. Where parties cannot work out differences, or do not value a negotiated solution, the collaborative process will probably not be effective.
Q: How do collaboration and mediation compare?
A: In divorce mediation, a neutral mediator meets with both parties to help them reconcile their differences, but provides no legal advice to either party. The mediator is not authorized to make any decisions on the parties’ behalf. Like collaboration, mediation works only when the parties intend to be reasonable and fair. Frequently, agreement on certain issues may be reached through mediation, while other issues are referred to a court proceeding or a binding arbitration. Mediators generally do not prepare court paperwork or appear in court with clients. Parties using mediation generally consult with their lawyers outside the mediation process. 

In collaboration, each party is fully and individually represented by legal counsel throughout the process. Collaborative attorneys can prepare all necessary paperwork and attend the required hearing where the divorce agreement is presented to the court for approval. The costs for collaboration and mediation are roughly comparable.
Q: How does collaborative law address technical issues like tax questions and property appraisals?
A: Most collaborative family law practice groups include non-lawyer members who are collaboratively trained financial professionals and can act as neutral advisors on tax and planning issues. Some groups also include, as adjunct members, licensed real estate appraisers who are committed to doing neutral appraisals so the divorcing couple does not have to pay for two appraisals as well as for two appraisers to argue in court.
Q: How does collaborative law tackle parenting issues?
A: Most collaborative family law practice groups also have non-lawyer members including psychologists, family counselors and child specialists or licensed independent social workers. Such an individual may act as a “coach” for a client who is struggling with the emotional side of a domestic case, or as a neutral child specialist who helps clients work out an effective, age-appropriate parenting plan.
Friday, 19 September 2014 00:00

Military Law

Divorce can be a confusing, complicated, and stressful time for military couples. However, gaining a general understanding of how this process works, while seeking to identify the specific issues that may apply in your case, can greatly reduce the time, expense, and emotional strain of a divorce. While you will largely follow the same process and procedures as a civilian couple when filing for divorce, there are unique legal issues which may apply result of military service. These issues may include determining the custody of children, calculating child and spousal support, and determining if any post-divorce benefits apply.

While divorce is largely governed by state law and local procedures, depending on where you file, there are certain federal statutes and military regulations which may be applicable to your divorce. Examples include the Uniformed Services Former Spouses' Protection Act, which can affect how disposable military retired pay is divided between the service member and former spouse, as well as determining eligibility for continued medical, commissary, installation exchange, and other benefits.


Generally, the military views divorce as a private civil matter to be addressed by a civilian court. Commanders rarely get involved in domestic situations except in limited cases, such as a claim by a dependent that he or she is being denied adequate financial support by the service member spouse. Even in such cases, a commander's authority is limited, absent a civilian court order.

Service members and their spouses have access to military legal assistance services at no cost through the installation legal assistance offices. In a divorce or family law matter, a service member and dependent spouse will need separate legal assistance attorneys to advise them to ensure both parties receive independent, candid and confidential advice, and to be sure there is no conflict of interest in the representation of both parties. Communications between a client and a legal assistance attorney are private, confidential and are generally covered by the attorney-client privilege. While military legal assistance attorneys may not be able to draft specific court documents or represent members or their families in court, they can provide helpful advice on a range of legal issues including divorce and child custody, income taxes, the Servicemembers Civil Relief Act and wills.

Legal assistance offices also provide notary services free of charge. For military divorce or legal separation situations that require representation in civil court or involve contested issues such as child custody, spousal/child support or division of assets like retirement pay, it is recommended that you consult with a civilian attorney who is knowledgeable of the divorce laws of your particular state and has extensive experience with military-related family law.

Servicemembers Civil Relief Act protections related to divorce proceedings

The Servicemembers Civil Relief Act helps protect service members' legal rights when called to active duty. It applies to active-duty members of the regular forces, members of the National Guard when serving in an active-duty status under federal orders, members of the reserve called to active duty and members of the Armed Services, National Oceanic and Atmospheric Administration, Public Health and the Coast Guard serving on active duty in support of the armed forces.

In regard to divorce proceedings, service members may obtain a "stay" or postponement of a civil court or administrative proceedings if they can show their military service prevents them from either asserting or protecting a legal right such as an upcoming deployment. This is not an automatic right, and a military judge must find there good cause to do so, based on the justification provided by the military member.

The Servicemembers Civil Relief Act also provides certain protections for members regarding default judgments for failure to respond to a lawsuit or failure to appear at trial. Before a court can enter a default judgment against a military member, the person suing the member must provide the court with an affidavit stating the defendant is not in the military. If the defendant is in the military, the court will appoint an attorney to represent the defendant's interests (usually by seeking a delay of proceedings). If a default judgment is entered against a service member, the judgment may be reopened if the member makes an application within 90 days after leaving active duty, shows he/she was prejudiced and shows he/she had a legal defense.

The impact of a divorce on children's eligibility for medical benefits through TRICARE

Biological and adopted children of the service member remain eligible for TRICARE up to age 21 (or age 23 if enrolled in college) as long as the child remains a dependent child of the service member. Dependent children of the service member over the age of 21 (or 23 if enrolled in college) are eligible to purchase coverage through TRICARE Young Adult up to age 26. Stepchildren who were not adopted by the service member lose their TRICARE eligibility once DEERS is updated. Stepchildren may be eligible to purchase coverage under the Continued Health Care Benefit Program.
Friday, 19 September 2014 00:00

Property Division

In addition to parenting issues and support,  another topic to address as part a divorce is deciding who gets what; whether assets or debts.  . Property covers both real property, such as your home, and personal property, such as household items or cars.

Equitable Distribution

Florida courts divide a couple's assets in an ''equitable'' (fair) manner, called equitable distribution. Equitable is what is fair to both spouses, and fair may not mean equal.

Florida statute 61.075 gives the factors courts use in deciding what is "equitable." Factors include:

  • a) The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker.
  • (b) The economic circumstances of the parties.
  • (c) The duration of the marriage.
  • (d) Any interruption of personal careers or educational opportunities of either party.
  • (e) The contribution of one spouse to the personal career or educational opportunity of the other spouse.
  • (f) The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party.
  • (g) The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the nonmarital assets of the parties.
  • (h) The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction. In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home.
  • (i) The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.
  • (j) Any other factors necessary to do equity and justice between the parties.

Before deciding how marital property is to be shared, the Court must determine what property is marital and what is the non marital property of each spouse.  Your attorney will work with you to identify what assets and debts are subject to distribution between you and your spouse. 

Property Settlement Agreements

If you and your spouse can agree on how to divide your assets, whether it follows Florida’s guidelines or not, your lawyers will write up a formal agreement called a ''property settlement agreement" or a "marital settlement agreement" (MSA).. Detailed lists of who gets what are included in this agreement.

Often, a voluntary property settlement is preferred to having the court decide those issues. There's no way to predict or guarantee how a court will decide property division issues, so many couples prefer to work out a property settlement on their own.

The language of a settlement agreement is important- a poorly worded agreement may be unenforceable, and not worth the paper it’s written on.  An attorney’s involvement in drafting and reviewing the agreement is vital to ensure that you get what you agree to.  Do read the property settlement agreement carefully, and ask your lawyer about anything you don't understand. Once an agreement is signed and approved by the court, it's likely be difficult and expensive to change.

Taking a Property Inventory

Before you can negotiate aproperty settlement, you need to know what there is to divide. . One of your first tasks, even if you're thinking about a divorce, is to make a property inventory. It's vital to list all property you and your spouse own. Don't try to hide assets as it will only complicate dividing your property.

Property Transfer After the Divorce

As soon as the property settlement is approved or the court finalizes the divorce, you'll want to take care of the details of the property transfer. This includes preparing and signing the documents needed to transfer ownership.

While it may be the last thing you want to do, taking care of these details will save future trouble and make it easier to gain closure on this chapter of your life.

Friday, 19 September 2014 00:00

Protection Order

Restraining orders, often also called protection orders, are orders issued by judges that tell people to do or not do certain things. They can be used in non-criminal situations, such as telling property owners to stop activities that constitute a public nuisance and directing parties in a civil lawsuit to leave each other alone. Restraining orders in a civil context may also be called temporary injunctions (which can become permanent injunctions).

How Are Restraining Orders Issued?

In a typical situation, a victim applies to a judge for an order directing the aggressor to do a specific act, back off, or stay away. It is not uncommon for a party in a divorce or family law case to seek an injunction.  The two cases are separate, but related, and having a qualified attorney who can handle both cases may save you time and money.   

What does the applicant need to prove?

People who ask for restraining or protective orders need to convince the judge that they’re necessary to prevent continuing or imminent harm. In a domestic violence situation, for example, the victim (the petitioner) supplies a sworn statement alleging facts that support a claim of serious and/or imminent harm, which enables a judge to issue a temporary order then and there, without notice to the object of the order (the respondent). After the respondent receives notice and within a few days, the judge will hold a hearing to determine whether to make the restraining order final.

At the hearing, the plaintiff must prove the truth of the allegations (by a preponderance of the evidence, not the stricter standard of beyond a reasonable doubt).

How long do protective orders last?

Most protective orders set a time limit on the duration of a final order (though extensions can be granted).  But even final orders can be modified if either party asks the judge to do so (and if the judge agrees).

How Are Restraining Orders Enforced?

An order directed at a domestic abuser or stalker is enforced by the police.  A respondent who violates a protective order may be arrested.
Friday, 19 September 2014 00:00

Contempt Proceedings

Contempt can only come into play after a court has issued judgments, orders or decrees to govern the behavior of the parents, which it can do at any point during the divorce proceedings. Once a court has issued such decrees, it is important for you to observe them to the best of your ability and, at the same time, to take note of any potential violations on the part of your ex-husband/wife or former partner. Courts have been known to take it personally when a parent disregards their orders.

If an attorney and his client can produce evidence that their opponents have willfully disregarded a court decree, then they can “make a motion” or “move” for a contempt ruling.

If the court goes on to rule for contempt, then it can hand down new or modified decrees binding the parent whom it has found to be in contempt.

Conditions of Contempt

Technically, a contempt action is appropriate anytime a party “contemptuously” violates any provision of the decree. As a practical matter, however, the violation or violations should be significant.

To find a party guilty of contempt, the court cannot simply conclude that the accused party did not act in accordance with the decree. The court must also conclude that the accused party did have the ability to comply and therefore violated the decree both deliberately and without good reason.

It is then up to the accused to present evidence that he or she did not have the ability to comply or that it was an “honest mistake.”

Consequences of Contempt

Of course, the evidence for a contempt ruling often does exist, and if you and your attorney can produce it, you will substantially improve your case. In fact, your attorney will often file a motion of contempt in tandem with a motion to modify.

Bear in mind that an initial contempt is a civil (not a criminal) offense, so the court can only hand down orders designed to stimulate your husband/wife’s compliance, not simply to punish him/her.

Still, to stimulate compliance, the court has a whole range of remedies that you can request, ranging from a simple warning to incarceration to attorney’s fees to compensatory custody time (and more).

In other words, contempt can be a very powerful tool. It simply requires evidence.

Friday, 19 September 2014 00:00


In some instances a spouse will ask for alimony, the court-ordered payment of money to your spouse during and/or after the dissolution of marriage.  If you made more money (especially if you were the primary breadwinner), there is a good chance your spouse will seek alimony. The bigger the difference in earnings and the longer you were married, the larger the alimony payment may be.

Will Alimony Be Awarded?

The general standard in making a determination of alimony is whether one spouse has the ability to pay support and the other party has the need for support.  Without both, alimony is not appropriate and the spouse seeking support has the burden to show them.

How Is Alimony Determined?

Generally, there are designated factors that the court has to consider in determining whether or not to order a party to pay alimony.

Florida statute 61.08 identifies the following factors that a Court is to consider when making a decision on whether to award alimony:

(a) The standard of living established during the marriage.

(b) The duration of the marriage.

(c) The age and the physical and emotional condition of each party.

(d) The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each.

(e) The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.

(f) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.

(g) The responsibilities each party will have with regard to any minor children they have in common.

(h) The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment.

(i) All sources of income available to either party, including income available to either party through investments of any asset held by that party.

(j) Any other factor necessary to do equity and justice between the parties.

Once the court determines that a party is entitled to alimony, the court then determines what type of alimony to award, how much the person should receive per month, and how long he or she should receive it.

How Much Maintenance Will I Have to Pay?

Spousal support awards vary

because the statutes do not address specifically how the award should be calculated. Itcan be difficult to predict what the spousal support would be because there are no guidelines.  Having experienced legal representation can be important in protecting yourself or in obtaining an award for necessary support. 

When Can I Stop Paying Maintenance?

There are myriad other reasons that may terminate or reduce support, but the basic idea is that if there is no longer a need for support, then you can argue that it should be terminated.  Many orders for support provide a specific end date for support.  Otherwise, in general, support will likely stop upon the receiving parties remarriage or death.    A support obligation may stop or be reduced if the receiving party cohabitates and/or is involved in a financially supportive relationship.
Friday, 19 September 2014 00:00

Modification of Decrees

What is Modification of Decrees?

Post-decree modifications of court orders are a part of life in family law.  Sometimes things don’t go as they should.  Sometimes the court orders that used to work just don’t work anymore.  Perhaps the court heard all the evidence, and didn’t rule in your favor, but things have changed since then.  Perhaps you made an agreement with your ex, which the court made an order, but now they aren’t holding up their end of the bargain. Perhaps the needs of the child have changed and your ex can no longer meet the child’s needs, or perhaps your ex has changed and they can no longer parent your child properly.  Whatever the reason, if you have had a change in circumstances, it may be time for a change in your custody, visitation, shared parenting, child support or spousal support orders.

Quattrone Family Law knows that in Tampa, post-decree modifications are not simply another bite at the apple.  You need to know what the law requires to get the changes you want, and you need to have evidence to meet your burden of proof. Evidence comes in many forms, including exhibits and testimony, but your evidence must be admissible under the Florida Rules of Evidence.  Each Florida Family Law Attorney at our firm has the experience to provide you with advice regarding the law, your evidence, and the strengths and weaknesses of your post-decree modification case.

At Quattrone Family Law, we believe in straight talk.  If we think you don’t have your ducks in a row yet, we’ll tell you.  If you have a case, but need some help understanding what is evidence, what is not, and how to start collecting your evidence, we’ll help you with that.  We know that preparation is the key to success, and we want you to be involved in preparing your case.  The best results are achieved when the client participates in the gathering and organization of his or her case and evidence.

Tuesday, 02 September 2014 00:00

Should you rush to file?

Many people have been led to believe there is an advantage to filing a divorce complaint first.  That's not the case.

The difference in being the party who files for divorce and being the party is who is served with divorce papers is negligible and one thing you needn't worry about.

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If you need to hire a lawyer in order to protect your rights, you may want to pay a visit to Quattrone Family Law. Your attorney will provide the personal attention that your case requires. We’re available to assist citizens of Tampa and nearby communities while they try to deal with a range of family law matters.

Contact Info

  Quattrone Family Law
16114 N. Florida Ave.
Lutz, FL 33549


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 9.00 am to 5.00 pm