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Palm Beach County / West Palm Beach Family Lawyer

The greater reward; the greater the challenge. Nothing is more rewarding than building a family. You need an attorney that understands the nuances of family law. One who has the experience to know, however great the challenge, how to read your situation and guide you through to the best possible resolution.

West Palm Beach Family Lawyer

Steven Winig is highly experienced
								in Family Law cases

Family issues at times may look like a complex, maddening puzzle. A chaotic jigsaw that often seems broken beyond repair... pieces fallen in disarray. Yet those pieces can be reassembled. However, the picture they form and how they fit together may have to change.

For more than 30 years I have successfully represented clients at the trial court and appellate levels in a multitude of family law matters which include: dissolution of marriage and divorce, child support, alimony and child custody enforcement and modification, parental relocation, family court mediation, domestic violence and paternity, in Palm Beach County and throughout south Florida. My litigation and trial experience in these areas has been extensive.

I have nearly forty years of experience offering legal counsel in these specialize areas of Family Law: (click for details):

Steven Winig is a highly experienced West Palm Beach Family Lawyer

FAMILY LAW ISSUE RESOLUTION

Please do not hesitate to contact us if you feel overwhelmed with a family legal issue. We work closely with experts in related fields to ensure that you have the best support and make the best decisions. Whether it involves a new marriage, dissolution of marriage, or the addition or guardianship of children, Winig Law has the experience and is prepared to handle your case with as little complication as possible.

Steven Winig is highly experienced West Palm Beach Child Support Lawyer

West Palm Beach Child Support Attorney

Our Family Law Practice in West Palm Beach

Child support and child support modification can be an intimidating undertaking. The attorneys at Winig Law are experienced in child support cases, and can get you on the right track to settling your case and achieving the best solution possible for your children. Contact Winig Law to schedule a consultation to begin the process.

How is child support calculated?

Child support is calculated pursuant to the guidelines set forth in Florida Statute 61.30. These guidelines take into account: each parent's monthly income, child care costs, medical insurance and expenses, and the amount of time the minor child(ren) spends with each parent (overnights).

Can child support deviate from the child support guidelines calculation?

Pursuant to Florida Statute 61.30, The Court may deviate from the child support guidelines based upon the following factors:


  • "Extraordinary medical, psychological, educational, or dental expenses.
  • Independent income of the child, not to include moneys received by a child from supplemental security income.
  • The payment of support for a parent which has been regularly paid and for which there is a demonstrated need.
  • Seasonal variations in one or both parents' incomes or expenses.
  • The age of the child, taking into account the greater needs of older children.
  • Special needs, such as costs that may be associated with the disability of a child, that have traditionally been met within the family budget even though fulfilling those needs will cause the support to exceed the presumptive amount established by the guidelines.
  • Total available assets of the obligee, obligor, and the child.
  • The impact of the Internal Revenue Service Child & Dependent Care Tax Credit, Earned Income Tax Credit, and dependency exemption and waiver of that exemption. The court may order a parent to execute a waiver of the Internal Revenue Service dependency exemption if the paying parent is current in support payments.
  • An application of the child support guidelines schedule that requires a person to pay another person more than 55 percent of his or her gross income for a child support obligation for current support resulting from a single support order.
  • The particular parenting plan, a court-ordered time-sharing schedule, or a time-sharing arrangement exercised by agreement of the parties, such as where the child spends a significant amount of time, but less than 20 percent of the overnights, with one parent, thereby reducing the financial expenditures incurred by the other parent; or the refusal of a parent to become involved in the activities of the child.
  • Any other adjustment that is needed to achieve an equitable result which may include, but not be limited to, a reasonable and necessary existing expense or debt. Such expense or debt may include, but is not limited to, a reasonable and necessary expense or debt that the parties jointly incurred during the marriage."

Retroactive Child Support:

Once the Court decides child support, it may award retroactive child support upon its own discretion. Retroactive support can be ordered as far back as when the parties were no longer living in the same household with minor child(ren), not to exceed 24 months before the filing of the Petition for Dissolution of Marriage.

Child support can be an intimidating undertaking. Contact Winig Law to schedule a consultation with an attorney experienced in child support cases that will get you on the right track to settling your case and achieving the best solution possible for your child(ren).

Steven Winig is a highly experienced West Palm Beach Child Custody Lawyer

West Palm Beach Child Custody Lawyer

Steven Winig is a highly experienced divorce attorney

"Time sharing" refers to the number of days each parent is scheduled to spend with minor child(ren). In Florida, it is public policy that each minor child shall have frequent and continuing contact with both parents upon the separation of the parents or the dissolution of parties’ marriage in order to urge the parents to share the rights, responsibilities, and pleasure of raising the minor child(ren).

Factors That Determine the Best Interests of Minors

In a divorce or paternity proceeding, pursuant to Florida Statute § 61.13(3), the Court makes all decisions regarding time sharing based upon the “best interests of the minor child(ren)” based on several factors, including, but not limited to:


  • “The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required.
  • The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.
  • The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent.
  • The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
  • The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child.
  • The moral fitness of the parents.
  • The mental and physical health of the parents.
  • The home, school, and community record of the child.
  • The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
  • The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child’s friends, teachers, medical care providers, daily activities, and favorite things.
  • The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime.
  • The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child.
  • Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought. If the court accepts evidence of prior or pending actions regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect, the court must specifically acknowledge in writing that such evidence was considered when evaluating the best interests of the child.
  • Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.
  • The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties.
  • The demonstrated capacity and disposition of each parent to participate and be involved in the child’s school and extracurricular activities.
  • The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse.
  • The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child, and refraining from disparaging comments about the other parent to the child.
  • The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child’s developmental needs.
  • Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule”.

It is important to keep in mind that each divorce and paternity case with timesharing issues is unique with its own set of contributing factors which must be carefully considered by the Court. If you are involved in such a case, it is crucial that you understand the law in order to protect the interests of you and your minor child(ren).

Contact Winig Law today to schedule a consultation with an experienced family law attorney who will guide you through this confusing and daunting process in order to achieve the best outcome possible for you and your minor child(ren).

Steven Winig is highly experienced West Palm Beach Domestic Violence Lawyer

West Palm Beach Domestic Violence Lawyer?

Our Family Law Practice in West Palm Beach

If you believe you have been a victim of domestic violence, or may be in danger of of becoming a victim of domestic violence, contact the police immediately. You should then petition the Court for a restraining order that will protect you and your children from further threat of harm.

The court may issue an immediate temporary restraining order if you or a family member feels that you are in immediate danger from a member of your household. This may not require any participation from the offender, and can act as short-term relief while deciding the best course of action. This order may, however, be contested by the offender, if he or she wishes for the matter to be investigated more thoroughly.

During the order’s timespan, it gives the petitioner use of any mutual living spaces, prohibiting any contact between the parties and may impose limitations upon the offending party’s contact with the children. The abuser also may not come within 500 feet of the petitioner’s household or place of employment, or 100 feet of their vehicle. A violation of the order is a first-degree misdemeanor, and can result in any combination of a year of jail time, a year of probation and a $1,000 fine.

If you or your family feels threatened, the best course of action is to contact us at Winig Law to examine your dilemma and point you in the right direction.

What is domestic violence?

Pursuant to Florida Statute §741.28, domestic violence means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.

Injunction for Protection against Domestic Violence:

According to Florida Statutes, the Court may enter an injunction for protection against domestic violence if the petitioner is either a victim of domestic violence as described above or has reasonable cause to believe that he or she is in imminent danger of becoming the victim of any act of domestic violence.

Factors used to Determine Reasonable Cause:

The Court considers several factors in determining whether the petitioning party has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence, including whether the respondent has:


  • “Previously threatened, harassed, stalked, or physically abused the petitioner;
  • Attempted to harm the petitioner or family members or individuals closely associated with the petitioner;
  • Threatened to conceal, kidnap, or harm the petitioner’s child or children;
  • Intentionally injured or killed a family pet;
  • Used, or has threatened to use, against the petitioner any weapons such as guns or knives;
  • Physically restrained the petitioner from leaving the home or calling law enforcement;
  • A criminal history involving violence or the threat of violence (if known);
  • Another order of protection issued against him or her previously or from another jurisdiction (if known);
  • Destroyed personal property, including, but not limited to, telephones or other communication equipment, clothing, or other items belonging to the petitioner; or
  • Engaged in any other behavior or conduct that leads the petitioner to have reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence.”

Steven Winig is highly experienced West Palm Beach Parenting Plan Lawyer

West Palm Beach Parenting Plan Lawyer

Our Family Law Practice in West Palm Beach

Under Florida law, in every paternity and divorce case involving a minor child, the Court must enter an approved Parenting Plan which specifically meets the needs of said child. The purpose of the Parenting Plan is to set forth expectations each of the parties in an effort to eliminate future conflict. Issues commonly addressed in the Parenting Plan are: parental responsibility, time sharing, access to records, and school zone districts.

Elements of a Parenting Plan

Pursuant to Florida Statute § 61.13(2)(b), at a minimum, a Parenting Plan must contain the following specific elements:


  • “A description in adequate detail of how the parents will share and be responsible for the daily tasks associated with the upbringing of the child;"
  • “The time-sharing schedule arrangements that specify the time that the minor child will spend with each parent;"
  • A designation of who will be responsible for making health care and school-related decisions, including the designation of the residence that will determine what school district the child attends. The Parenting Plan should also set forth the other anticipated activities and determine who will make the decisions relating to each of them.
  • A detailed description of the methods and technologies that the parents will use to communicate with the child.”

Contact Winig Law today to schedule a consultation with an experienced family law attorney who will guide you through this confusing and daunting process in order to achieve the best outcome possible for you and your minor child(ren).

Steven Winig is a highly experienced West Palm Beach Parental Rights Lawyer

West Palm Beach Parental Rights Lawyer

Steven Winig is a highly skilled divorce attorney

It is the goal of any custody battle to ensure that the children are in the best possible day-to-day living situation.

It is a common misconception that a mother has an advantage over the father when a Court is determining custody in a divorce or paternity case, however this is no longer the case. In Florida, there is no presumption for or against the father or mother when the Court determines the parenting plan that is in the best interest of the minor child(ren). Quite to the contrary, it is the public policy of the state that minor child(ren) are to have frequent and continuing contact with both parents upon the parent’s separation and/or dissolution of marriage. The parents are encouraged to share the rights, responsibilities, and joys of childrearing.

Further, pursuant to Florida Statute §61.13(2)(c)(2), the court shall order that the parental responsibility for a minor child be shared by both parents unless the court finds that shared parental responsibility would be detrimental to the child.

Steven Winig is highly experienced West Palm Beach Relocation Lawyer

West Palm Beach Relocation Attorney

Our Family Law Practice in West Palm Beach

After a divorce, the custodial parent may decide to relocate to another state. This may cause issues with the current child time sharing plan, as it makes it very difficult for the other parent to spend time with their child, creating an unfair and unhealthy situation for the children involved.

There are many elements to take into consideration regarding the process of relocation and its effect on your children. Details of the new proposed child custody arrangement and several other factors include: the reason for the move, how the move will improve or harm the quality of life of the children, how it will affect the children’s relationship with the other parent, and whether alternate timesharing arrangements are feasible.

This situation requires a court approval if the relocation is over 50 miles away from their residence at the time of the establishment of the original child custody order. The other parent must write an agreement permitting the parent to relocate, which must be endorsed by the court. However, if the other parent does not approve of the move, it is much more difficult to get court approval of the relocation. We at Winig Law can help with your child relocation case, and help achieve the best outcome for both you and your children.

What is Relocation?

Relocation is a change in the location of the principal residence of a parent or other person from his or her principal place of residence at the time of the last order establishing or modifying time-sharing, or at the time of filing the pending action to establish or modify time-sharing. The change of location must be at least 50 miles from that residence, and for at least 60 consecutive days not including a temporary absence from the principal residence for purposes of vacation, education, or the provision of health care for the child.

How can I relocate with my minor child(ren)?

Pursuant to Florida Statute 61.13001, unless the parties can agree in writing, the party seeking relocation must file a petition with the Court.

There are many elements to take into consideration regarding the process of relocation and its effect upon your children. Contact Winig Law today to help you achieve the best outcome possible in your relocation case.

Contact Us

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Palm Beach County Office:

The Winig Law Firm, P.A.
1615 Forum Pl, Suite 3A
West Palm Beach, FL 33401
Phone: (561) 898-0633 | Fax: (561) 683-1559