Garcia v. Garcia was a case involving a request by the former husband for a downward modification of child support. The case was tried by the general magistrate, who denied the petition, and the trial judge adopted the recommendations after the former husband filed exceptions. This was error, because the record provided to the judge […]
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 […]
Back to School
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 […]
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. […]