It is that time of year again: time for children to head back to school. It’s important to remain involved with your child(ren)’s schooling even though you and the other parent may not be together. If parents have a friendly relationship, staying involved should be fairly easy, but what if you and your child(ren)’s other […]
Month: August 2015
Department of Revenue v. Davis
In DOR v. Davis, the appellate court ruled that UIFSA allows that arrears accrued prior to registration may be adjudicated in the registering state as though the entry of the child support order had occurred in the registering state. The defense of res judicata was not available. Department of Revenue ex rel Davis v Davis
Rossi v. Rossi
In Rossi v. Rossi, the trial court adopted the report of the general magistrate, despite the filing by the Wife of a Motion for Rehearing. The Motion should have been considered Exceptions, and thus a hearing should have been held before adopting the report and recommendations. With respect to the characterization of motions, Florida courts […]
Dickson v. Dickson
In Dickson v. Dickson, the trial court abused its discretion by modifying the timesharing agreement without evidence that the welfare of the minor child would be promoted by the proposed change. Dickson v Dickson
Full Custody
The above statement is something that is heard often by many Florida family law professionals, and each time it comes up, the following needs to be explained. The word “custody” in Florida law is an archaic term, and although it is obsolete, it seems like it simply won’t go away. This is likely because the […]
Sikora v. Sikora
In Sikora v. Sikora, several errors required reversal and remand: In the absence of special circumstances, permanent, periodic alimony in an amount that exceeds the former wife’s established need is error. The trial court erred by imputing income to the former wife from her retirement accounts where there was no evidence to support the imputation. […]
Quinn v. Quinn
In Quinn v. Quinn, the amount of child support was not based upon the actual overnights granted, and thus reversal was required for a re-calculation. Quinn v Quinn
Thompson v. Malicki
In Thompson v. Malicki, income was imputed to the Former Wife, but the supplemental final judgment lacks sufficient findings regarding recent work history, occupational qualifications, and the prevailing earnings level in the community to support the amount imputed and the imputation was not based upon substantial competent evidence. Thompson v Malicki
Boyd v. Boyd
In Boyd v. Boyd, the trial court erred in not calculating an amount of arrearages. Where a party concedes that not all court-ordered child support was paid, the trial court errs in failing to resolve the amount of arrearages. It was a stipulated fact that there was an accumulated arrearage but the amount was not […]
Smith v. Smith
In Smith v. Smith, the applicable date for determining whether assets and liabilities are classified as marital or nonmarital was the date of the filing of the petition for dissolution of marriage. Assets and liabilities not in existence on that date should not be classified as marital. Thus, the equitable distribution scheme that the trial […]