Matrimonial and Family Law
Rossway Swan family law attorneys provide clients with full services in the marital and family law area of practice. Our family law attorneys offer the creativity and knowledge necessary to address each client’s unique, sensitive needs and handle each case with professionalism.
Our family law attorneys and staff are acutely aware of the emotional and psychological impacts divorce and custody matters can have on a family. We strive to conduct all conflict resolution in a caring and professional manner. We are committed to the use of collateral professionals, such as psychologists and accountants, when necessary to achieve what is in the best interest of our clients and minor children.
Although most cases are resolved through settlement negotiations and mediations, our family law attorneys also have extensive trial experience in complex marital and family law matters. With offices throughout the state of Florida, our resources are broad enough to provide competent legal representation in many locations yet individual enough to allow for special attention to each client’s case.
High Net Worth Divorce
At Rossway Swan, our talents lie in presenting our client’s claims in court in a precise and professional fashion. Just as each marriage is unique, so too are our clients’ needs and goals during a divorce, and we tailor our strategy accordingly.
We are skilled in discreetly and effectively handling all aspects of high net worth divorces, including asset division and complex divorce litigation. Our clientele includes individuals who demand top-notch representation and service. No less important are the ultra high net worth individuals who demand absolute discretion.
In a divorce or separation, clients often assume that “aggressive” representation is the best way to protect their interests. However, at RosswaySwan, we feel that clients are best served by effective, strategic representation focused on the careful selection of an approach suitable to the client’s particular circumstances, taking into account the client’s short-term and long-term needs and concerns.
Some firms have a “win at all costs” mentality that all too often emphasizes short-term results, frequently at the expense of a client’s long-term and more important needs. For example, parents must work together to raise their children for many years after the divorce is over and the lawyers are long out of the picture. Overly aggressive litigation rarely enhances the prospects of future cooperation and often leaves the children as victims.
At our law firm, our attorneys work with clients to create an individualized approach that defends their best interests and the interests of their children. If our clients are best served through taking the case to trial, we will litigate skillfully and forcefully. If, however, we can save our clients time, money and hassle through settlement, we will pursue a private resolution outside of court.
We provide thorough and accurate analysis of how the law applies to our client’s cases and offer realistic expectations of possible outcomes.
Post Judgment Modifications
People’s situations change over time, and divorced individuals are no exception. Therefore, settlement agreements and court decrees about alimony, child support and other certain divorce-related issues are often left open to modification in the future, in the event of a substantial change of circumstances.
At Rossway Swan, we assist clients in assessing the potential for success, the benefits and detriments, and the costs associated with such modifications. Our highly experienced attorneys have helped countless clients to review, negotiate or litigate post-judgment issues and modify divorce decrees.
Our lawyers assist with a broad spectrum of post-judgment modifications, including those that involve:
- Spousal support/alimony: We handle requests for spousal support modifications (including requests for increase/decreases and terminations) due to loss of income, job loss, new jobs, retirement, lost investments or other significant financial changes.
- Child custody: We aid clients in requesting child custody, parenting plan and time sharing modifications, including modifications based on charges of abuse or neglect, because of parental relocation issues or because of other changes in circumstances that impact the welfare of the child or children involved.
- Child support: We help pursue child support modifications due to a significant change in circumstances, such as losing or changing jobs, a parent’s remarriage or children leaving the home. We also can assist with child support enforcement and contempt actions.
Let the Family Law Team of experienced attorneys and paralegals at RosswaySwan be your bridge to the other side of this often trying and difficult legal process.
Alimony and Spousal Support
At Rossway Swan, we are fully aware that much is at risk in high net worth and complex divorces. Some of our clients’ most common concerns revolve around spousal support (commonly known as alimony payments or spousal maintenance). In such cases, our firm faithfully provides the attention, specialization and confidentiality that our clients have come to expect.
Determining Spousal Support in Florida
Unlike child support, there are no strict formulas or calculations in determining the amount of spousal support or alimony. Spousal support is based on the financial wherewithal of the “payor” spouse and the need and earning potential of the receiving spouse after taking into consideration the assets awarded to each.
Depending on a number of factors, including duration of the marriage and the financial resources of the parties involved, the court can award alimony of various durations, from short-term or “bridge-the-gap” alimony to “durational” alimony (awarded for a set period) all the way up to “permanent” alimony, typically only awarded in marriages considered to be of “long-term” duration. The types of temporary alimony (bridge the gap alimony, rehabilitative alimony, and lump sum alimony) are determined, in part, by the earning capacity of the dependent spouse.