When Florida courts fashion timesharing plans, there are multiple factors which the Court must consider to determine the plan that is in the best interest of the children. The factors considered by the Court can be found in Florida Statute 61.13(3). It is important to understand each factor and to do your best to follow […]
Category: Family Law
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 […]
Alimony Reform – Senate Bill 250
Senate Bill 250 Please find enclosed Senate Bill 250 that Senator Lee filed on September 10, 2015. Also, you will find The League of Women Voter’s President’s, Pamela Goodman, informed letter to Governor Scott on the subject of alimony “reform.” As you can see from a review of Senate Bill 250, the Bill proposes a […]
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 […]
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 […]
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 […]
How To Employ Your Family Law Attorney Effectively In a Divorce Case
Going through a divorce is likely to be one of the most stressful times in your life. No matter how long you have been married, a divorce results in an upheaval of almost every aspect of your life. Because your attorney is your advocate and has been hired to fight to protect your rights during […]
Kemp v. Kemp
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 […]
Floyd v. Gray
In Floyd vs. Gray, the appellate court was called upon to consider whether or not a relationship between two teenagers was the equivalent of “dating” as defined under the dating violence injunction statute. The court concluded that it was, even though the middle school “couple” only considered themselves to be boyfriend and girlfriend but did […]
My child says that he/she wants to live with me. Can’t the court just let my child decide where he/she wants to live?
The court will not simply take your child’s preference on where he/she wants to live as the only controlling factor to consider. Children are generally not capable of knowing what is in their own best interest. It is up to parents, or the Court, to make the necessary decisions for the minor children, until they […]