The attached alimony case has a tortured procedural history, apparently due to things that were happening during the passage of time between trial and the final judgment. The original trial judge made oral pronouncements and requested submissions of proposed alimony findings, and the final judgment that was later entered did not accurately reflect the oral […]
Month: January 2015
Phillips v. Phillips
The following case reversed the granting of an Injunction for Protection Against Domestic Violence because the pleading and testimony failed to allege that violence had occurred or that there was a reasonable fear that violence would occur. The wife had testified that no violence had in fact occurred in the four months preceding her petition. […]
Seilkop v. Barker
Florida Statues Chapter 751 creates a cause of action when an extended family member needs to assume temporary custody of a child on behalf of the parents. These cases often arise when children are voluntarily placed, for example, with a grandparent. Section 751.05(6) provides that the trial court shall terminate the temporary custody order upon […]
Bush v. Henney
Bush v Henney In Bush vs. Henry, an Injunction for Protection Against Domestic Violence should have been dismissed upon the motion of the Respondent filed 14 years after the injunction was originally granted. The events which gave rise to this injunction arose during an exchange of the parties’ minor child, who is now 20. The […]
Undifferentiated Family Support
When there are viable claims for both alimony and child support, often the Court will award “undifferentiated family support”, which is a combined number that will encompass both types of awards. This can be an opportunity to get a tax benefit normally associated with alimony but not available for child support, but one should be […]