Michael D. Fluke, P.A. is an A.V. rated law firm low volume practice handling serious Divorce and Family Law and matters. When you are dealing with matters of Custody, Alimony or Equitable Distribution, you may need to fight for your rights. Michael D. Fluke, P.A. is always ready to help you fight. Receive the personal attention you deserve!
- Contested Divorce, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce
- Family Law
- Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex Family Law
Free 30 minute counsultation
Credit Cards Accepted
Visa, Mastercard, American Express, Discover
- Managing Partner
- Michael D. Fluke, P.A.
- - Current
- Duquesne University School of Law
- University of Colorado - Boulder
- 10 rating
- AV rating
- Martindale Hubbell
- hillsborough county bar association
- - Current
- Clearwater Bar Association
- - Current
- Florida State Bar  # 97829
- - Current
- Q. Does he not owe child support due to COVID lockdowns and terms of the child support agreement?
- A: He appears to be off the hook as long as you allow him to be. Your ex cannot be required to pay for a daycare that is not in operation. Now, if you were to ask him to pay the same amount to the new daycare and you are willing to pay the difference, I think you would have an argument. Otherwise, you will have to file a supplemental petition for modification of child support stating that there is a substantial change in that the daycare is closed and asking for that his portion of the daycare expense now go to you. I wish you luck!
- Q. Paying spouses debts with non-marital money.
- A: This answer is a bit complicated, but worth investigating based on the roughly $285,000.00 in appreciation. Absent a written agreement to the contrary (Prenuptial/Postnuptial Agreement), the improvements made to the home during the marriage are marital. If there was marital effort such a marital labor, that is also marital. To establish your entitlement, you are going to need, at a minimum, a retroactive appraisal to the date of marriage and a second current appraisal. It is not a matter of the expense or amount of money put into the home, it is a matter of how the improvements increased the value of the home. See Florida Statute 61.075(6). Additionally, if there was a mortgage on the home and payments were made from marital sources, the mortgage balance at the date of marriage and date of filing need to be established. I suggest you consult with a local Family Law attorney to discuss this in greater depth. I wish you the best of luck!
- Q. If one parent enjoys a holiday does the other parent get extra time after?
- A: Usually this only happens if there is a provision in your Parenting Plan or Settlement Agreement which states that there will not be three weekends in a row. Typically, I do not include these in mine for the very reasons you cited, it throws off the entire schedule. Assuming this clause is not in there, you can insist to him that this will not happen and either he is responsible for the children during his weekend or that you will care for the children on his weekend if he needs, but make it clear that it is his weekend and you are not changing the schedule. He cannot just make up a three weekend in a row provision that is not in the document. Good luck!