The Future of Alimony in Florida

On September 10, 2015, Florida Senator Tom Lee filed an alimony reform bill with the legislature for its consideration during the 2016 legislative session, which begins in January 2016. The bill, as filed, is largely identical to the alimony reform bill that Senator Lee filed before the 2015 legislative session. The 2015 bill never made […]

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Hooker v. Hooker

An interspousal gift is established by showing “ ‘(1) donative intent, (2) delivery or possession of the gift, and (3) surrender of dominion and control of the gift.’ “ Vigo v. Vigo, 15 So.3d 619, 622 (Fla. 3d DCA 2009) (quoting Mills v. Mills, 845 So.2d 230, 233 (Fla. 3d DCA 2003)). The burden is […]

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Kyriacou v. Kyriacou

In Kyriacou v. Kyriacou, the appellate court roundly criticizes the trial court. The trial court made an unequal equitable distribution, but in so doing made no mandatory findings relative the statutory factors of 61.075. The only finding that the trial court made was that the parties had an unequal ability (in the Husband’s favor) to […]

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Robinson v. McDonald

Robinson v. McDonald does not explicitly say this, but it appears that the appellate court is giving tacit approval to a trial court entering a child support amount and reserving jurisdiction to change that amount when timesharing reaches 50/50. Apparently there is a 50/50 timesharing schedule with a transitional period that has been ordered, and […]

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Weaver v. Weaver

Weaver v. Weaver is an equitable distribution case. The trial court’s distribution was unequal, and granted the Wife partial interest in a non-marital asset of the Husband due to enhancement during the marriage because of the contribution of marital funds. This was error because there was no substantial, competent evidence supporting the enhancement of the […]

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Felipe v. Rincon

Felipe v. Rincon is a good reminder that certificates of service provide prima facie proof of actual service, and that actual service of pleadings is an indispensable component of due process. Here, a Default Final Judgment is set aside because the pleadings underlying it were not served, so there was no notice, even though the […]

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Blevins v. Blevins

In Blevins v. Blevins, the trial court abused its discretion by granting modification based upon circumstances that were known at the time of the Final Judgment. The alleged change in circumstances was related to the distance of the Mother’s home from the child’s school, which was known at the time of the divorce. Blevins v […]

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Hall v. Hall

In Hall v. Hall, the trial court denied the Husband’s motion to declare that the parties’ MSA was incomplete. The evidence presented did not support his claim of incompleteness. It appears that he was merely complaining that he made a bad deal. The fact that one party to an agreement apparently made a bad bargain […]

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