Family Focus Podcast
by Bonilla Law
Explore our complete collection of family law podcast episodes, where we break down the legal issues that matter most to families. From divorce, child custody, and support to property division, mediation, and court procedures, each episode provides clear, practical insights to help you better understand your rights and options. Whether you’re navigating a current case or simply looking to stay informed, our podcast library offers trusted guidance and real-world perspectives from experienced family law professionals.
Family Focus Episode 8: Timesharing and Child Support-Legislative Update
If you are going through a divorce or involved in a custody case in Florida, it is critical to understand the recent changes to Florida’s parenting plan and timesharing laws. As of July 1, 2023, the law now creates a rebuttable presumption that equal timesharing (50/50 custody) is in the best interest of the minor child. This means the court begins with the assumption that equal timesharing is appropriate. If you are requesting more or less than equal time, you must prove by a preponderance of the evidence (more likely than not) that equal timesharing is not in the child’s best interest. This applies to divorcing parents as well as unwed parents establishing custody arrangements. The law also made important changes to modifications of parenting plans. Previously, you had to prove that a change in circumstances was substantial, material, and unanticipated. Now, you only need to show that the change is substantial and material, making it somewhat easier to seek modification. Additionally, if a parent moves more than 50 miles away from the residence established in the original parenting plan, that relocation can qualify as grounds for modification. Courts are also now required to evaluate and make written findings on all statutory best-interest factors (A through S) when determining parenting plans, ensuring a more thorough judicial analysis.
Family Focus Episode 7: The Importance of Mediation
If you file for divorce in Florida, mediation is not optional—it is required before your case proceeds to trial. After both parties complete mandatory financial disclosures, mediation becomes the next step in attempting to resolve issues such as parenting plans, timesharing, child support, alimony, and division of marital assets and liabilities. Mediation gives you and your spouse the opportunity to maintain control over the outcome of your case rather than leaving critical decisions in the hands of a judge. You may participate in county mediation if you qualify financially, or you may hire a private mediator. Private mediators may be attorneys or non-attorneys with specialized training, including expertise in family dynamics or special needs children. Preparing properly for mediation is essential. You should thoroughly review your own mandatory disclosure and carefully analyze the opposing party’s financial disclosures to ensure no accounts, retirement funds, or assets are overlooked. Walking into mediation informed and prepared strengthens your negotiating position and prevents unfair surprises. Mediation is voluntary in the sense that you are not required to sign an agreement, but it is often the most cost-effective and emotionally practical path to resolution. If you reject a reasonable settlement offer in bad faith, a court may later award attorney’s fees to the other party. Litigation and trial preparation significantly increase financial costs and emotional strain. Mediation allows you to negotiate, compromise where appropriate, and reach solutions that serve your long-term interests—particularly when children are involved—without the unpredictability of a courtroom decision.
Family Focus Episode 6: Reconciliation After Divorce
If you reconcile with your former spouse after a divorce has been finalized, you need to understand how that decision can impact your prior divorce judgment and marital settlement agreement. In Florida, unless your divorce decree specifically includes a reconciliation clause, getting back together—especially if you remarry—can effectively null and void the terms of your prior agreement, including provisions related to alimony and child support. That means you could lose the protections or obligations that were previously established. If a second divorce occurs, you may have to relitigate those issues. However, there is case law that may allow you to combine the duration of both marriages when determining certain forms of relief, such as alimony, depending on the judge and the circumstances. If you reconcile but do not remarry and simply cohabitate, the situation becomes more nuanced. Enforcement of prior divorce terms may depend on whether the agreement includes clauses addressing waiver, enforcement, or reconciliation. For example, choosing not to enforce child support during cohabitation does not necessarily mean you permanently waived your right to enforce it later—especially if your agreement contains a non-waiver provision. The key takeaway is that reconciliation without proper legal planning can create significant gray areas. Including a reconciliation provision in your marital settlement agreement is a proactive step that can prevent unintended consequences down the road. Florida law also includes a 20-day “cooling off period” before a divorce can be finalized, even in uncontested cases. Judges must confirm that the marriage is “irretrievably broken” before entering a final judgment. In some circumstances, courts have even encouraged counseling before granting a divorce. However, once a divorce is finalized, undoing it is not as simple as changing your mind. If reconciliation is a possibility, careful legal guidance is essential before remarrying or altering the terms of your divorce.
Family Focus Episode 5: Child Support - Legislative Update
Florida recently enacted important changes to its child support laws, effective July 1. One major update allows courts or the Department of Revenue to defer child support payments during an obligor’s good faith job training efforts. If a parent obligated to pay child support secures new employment and must complete training, the law permits temporary relief from accruing unpaid support during that period. Additionally, child support payments will now be processed through the local Clerk of Court, eliminating confusion and communication gaps that previously existed between the State Disbursement Unit and local offices. Another significant change removes incarceration as an automatic exception to child support obligations. Previously, a parent who was incarcerated could seek relief from accruing child support during that time. Under the new law, incarceration no longer suspends the obligation. Income may be imputed at Florida minimum wage for calculation purposes, meaning arrears can accumulate while the parent is incarcerated. Upon release, the obligor may be required to pay an additional percentage (often 10–20% of the monthly obligation) toward the retroactive balance until it is satisfied. Finally, the law expands the ability of a child’s caregiver—not just a biological parent—to pursue child support from a putative (alleged) father. This includes situations where paternity has not yet been formally established. Because child support enforcement can occur administratively or through the courts, and because errors can happen if paternity is not properly addressed, both obligors and caregivers should seek legal advice before taking action. Child support law is highly procedural, and small missteps can lead to significant financial consequences.