Family Law
Woodward, Pires & Lombardo, P.A. has a comprehensive family law division and has represented individuals in divorce and family law matters throughout Southwest Florida. We have handled over 2,000 family law matters, ranging from complex multi-million dollar dissolution of marriages to simple single-issue dissolutions. Whether it is advice regarding prenuptial agreements, negotiations regarding a dissolution of marriage, trials of dissolution of marriage or other family law matters, modifications of final judgments, appealing judgments, disputes over child custody and parenting or just answering questions regarding the respective rights of the parties in family disputes, Woodward, Pires & Lombardo P.A. has the experience, expertise and knowledge to assist you.
Children: Children can be impacted by family law actions in two fashions. First is a paternity action where there is no marriage, but we still must resolve the respective rights of the parties at it relates to the children, questions as to where the children should reside, how the children should be raised, shared parenting time between the parties and the sharing of financial responsibility for the children. This means that counsel should be able to assist their clients in determining financial issues such as the actual income of the various parties which may not always be obvious and in special circumstances, regarding unique issues that may have an impact on the financial need for the child.
Childrens’ issues also arise in dissolution of marriage cases for similar reasons. Counsel must be able to assist the parties on how to properly protect their children through this action not only economically, but emotionally as well. Ultimately, through either settlement or trial, counsel must effectively resolve a parenting plan that will appropriately define the time for parenting, address issues regarding the safety or welfare of the children, resolve financial responsibility with regard to the children and the day to day care issues as it relates to the children.
Typically, cases are addressed in a shared parental responsibility approach giving both parties the right to participate in the lives in and the major decisions that impact the children. There are occasions, however where sole parental responsibility must be addressed because of the inability of one parent or the other to protect the children from harm.
Child Support: Child support is an issue that must be resolved in all of these matters. It is an obligation that typically runs to eighteen or through the graduation from high school if the child graduates before turning nineteen. Child support is dictated by the Child Support Guidelines found in the Florida Statutes. However, there are certain special circumstances, such as the division of parenting time, that has an impact on the amount of child support. While child support is obviously considered in light of the income of the parties, it is of particular concern to make sure that there is a proper analysis of the income including all sources of income. This clearly means direct income, but this also may mean benefits or provisions made through employment or investment that may reduce the cost of living of an individual, but truly is income. Counsel must be able to analyze this in order to properly present in either settlement or trial the actual income so that the children are treated equitably with regard to their financial well being. The second part of child support becomes enforcement. Both parties have the responsibility to meet the financial obligations of the children. Trial counsel for the parties must fairly and reasonably be able to pursue the enforcement of those obligations so that neither party is taken advantage of by the other. There are a variety of methods and Florida is an aggressive state with regard to providing protection to parents who are entitled to child support. There are a variety of interesting tools available to counsel to enforce child support.
Prenuptial or Antenuptial Agreements: This is a particularly delicate area of family law. For many parties it is important to their relationship to provide consistency and stability in the event that their marriage is unsuccessful. These agreements must be negotiated with both parties having access to counsel in a fair and reasonable manner well in advance of a planned wedding. Both parties must freely share with the other party their financial information so that the parties may make informed decisions regarding entering into an agreement. The term Prenuptial or Antenuptial are synonymous. Prenuptial agreements can be a valuable asset in maintaining a harmonious relationship during the marriage and avoid tremendous expense in the event of a failure of the marriage. Yet, Prenuptial Agreements must be negotiated carefully so that to be fair to both parties and done in a manner so that a challenge of the Prenuptial Agreement will be unsuccessful.
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