In Kind Benefits, Military Overseas Housing Allowance, Count Towards Income...
In The Department of Revenue v. Price, the Fists District Court of Appeals for the State of Florida ruled that the Father’s overseas housing allowance should have been included as part of the...
View ArticleTermination Of Alimony Because Of Supportive Relationship
Pursuant to Florida Statutes Section 61.14(b)(1) a court may reduce or terminate an award of alimony upon specific written findings by the court that since the granting of a divorce and the award...
View ArticleModification Of Child Support Limited To Date of Filing Petition For...
Child support does not automatically modify when there is a change in circumstances that warrants it, a party must file a supplemental petition for modification of it. When there has been a...
View ArticleExclusive Use And Possession Of Marital Home With Sale In 18 Months Remanded...
In Jones v. Jones, the trial court awarded exclusive use and possession of the marital home and ordered for it to be sold within 18 months. The Fifth District court of Appeals for the State of Florida...
View ArticleContempt For Non-Payment of Alimony Can Not Be Prospective
In Bryan v. Jemal, the Second District Court of Appeals for the State of Florida reversed in part a contempt order related to failure to pay alimony in accordance with marital settlement agreement....
View ArticleDomestic Violence Injunction Was Not Upheld Where It Was Not Supported By...
In Leaphart v. James, the Second District Court of Appeals for the State of Florida considered Mr. Leaphart’s appeal of a permanent injunction entered after an evidentiary hearing pursuant to...
View ArticleIncrease In Value Of Premarital Stock In Husband’s Employer Can Be Marital or...
In Witt-Bahls v. Bahls the Fourth District Court of Appeals for the State of Florida considered whether the increase on the value of stock purchased by the Husband prior to the marriage in his...
View ArticleParenting Plans Need to Be Specific
In Magdiziak v. Sullivan, the Fifth District Court of Appeals for the State of Florida reversed a trial court decision because the parenting plan lacked the required specificity. The Court quoted...
View ArticleTrial Court Was Mistaken In Rejecting Recommendations Of General Magistrate...
In Mata v. Mata, the Third District Court of Appeals for the State of Florida ruled that the trial court had erred by replacing the recommendations of a general magistrate as to alimony and child...
View ArticlePortion Of Pension Plan Earned During The Marriage Should Have Been Subject...
Usually the portion of a pension plan earned during a marriage should be subject to equitable distribution. In Coleman v. Bland the Fifth District Court of Appeals for the State of Florida opined...
View ArticleAppellate Court Reverses Order For Psychosexual Evaluation Of Husband As Good...
In Jordan v. Jordan the Fifth District Court of Appeals for the State of Florida ruled that the trial court should not have required the husband to submit to a psychosexual examination where good...
View ArticleUnless And Until There Is A Statutory Change, Equal Time-Sharing Needs To Be...
In Marquez v. Lopez, the Fourth District Court of Appeals for the State of Florida ruled that it was in error for the trial court to award equal time-sharing without making a determination that...
View ArticleAttorney’s Fees and Alimony Award In A Divorce Case Need To Be Supported By...
In Abbott v. Abbott, the First District Court of Appeals reversed the trial court’s award of attorney’s fees and alimony because it had failed to make any findings of fact with regard to the wife’s...
View ArticleAppellate Court Reverses Order For Psychosexual Evaluation Of Husband As Good...
In Jordan v. Jordan the Fifth District Court of Appeals for the State of Florida ruled that the trial court should not have required the husband to submit to a psychosexual examination where good...
View ArticleDomestic Violence Court’s Denial Of Motion to Vacate Final Order Related to...
In Butler v. Casaba, the Fourth District Court of Appeals for the State of Florida reversed the trial court’s order denying a motion to vacate a final order of injunction which had taken all...
View ArticleTime-Sharing Judgment That Differed From Court’s Oral Ruling Reversed
. . In TJ v. TWC, III, the Second District Court of Appeals for the State of Florida revered a time-sharing judgment that differed from the trial court’s oral ruling. In the trial court’s oral ruling...
View ArticleCourt Reverses Divorce Judgment As To Errors In Calculation Of Equitable...
. . In Neiditch v. Neiditch, the Fifth District Court of Appeals for the State of Florida reversed those portions of a divorce judgment related to equitable distribution of marital debts and assets...
View ArticleDivorce, Dissipation Of Assets, Equitable Distribution, Misconduct, Findings...
Where there has been a dissipation of marital assets in a divorce a court can include the dissipated assets in its equitable distribution scheme if there was intentional misconduct that lead to...
View ArticleParenting Plans Need to Be Specific
In Magdiziak v. Sullivan, the Fifth District Court of Appeals for the State of Florida reversed a trial court decision because the parenting plan lacked the required specificity. The Court quoted...
View ArticleTrial Court Was Mistaken In Rejecting Recommendations Of General Magistrate...
In Mata v. Mata, the Third District Court of Appeals for the State of Florida ruled that the trial court had erred by replacing the recommendations of a general magistrate as to alimony and child...
View Article