In Kemp v. Kemp, the trial court ordered an interim partial equitable distribution in the absence of a motion requesting such a distribution, and in the absence of any indication that such distribution could be revisited at a later date. This was error. The only thing requested was temporary attorney’s fees, which was denied. The […]
Category: Case Law Category
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
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 […]
Drouin v. Stuber
In Drouin v. Stuber (a paternity case), the mother sought to vacate a 2011 judgment that had declared another man to be biological father despite the fact that the child had been born during an intact marriage. The appellate court reversed the order setting aside the earlier order, because it was the legal father’s rights […]