The followingis a child support modification case under UIFSA. The Florida court never obtained subject matter jurisdiction allowing it to modify the foreign court’s child support order, so the modification was void. UIFSA has specific requirements to grant a state the jurisdiction to modify a foreign court’s child support order, none of which was satisfied […]
Ellisen v. Ellisen
The trial court in the attached case misconstrued the pleadings, and denied a petition for modification of alimony based upon the wrong legal standard. When modification of an existing order of support is sought, the proof required to modify a settlement agreement and the proof required to modify an award established by court order shall […]
Wood v. Blunck
The following is an alimony modification case. The substantial change of circumstances necessary to modify an alimony award must bear on either the payee spouse’s need for alimony or the payor spouse’s ability to pay it. When the payee spouse’s need decreases significantly, alimony should ordinarily be modified downward even if the payor spouse has […]
Gerber v. Gerber
In the following case, the Former Husband was held in contempt of an order regarding the repayment of medical expenses. However, the contempt finding was premature in that the finding of contempt occurred in the same hearing as a clarification of the order at issue. An order that is indefinite or ambiguous may not be […]
Electronic Communication With Children
Florida Statute 61.13003 allows the Court to order electronic communication between a parent and a child. This communication can be via email, text messages, Skype or any other form of electronic media available to both parents. With older children, this is relatively easy as they often communicate with their friends via social media. With very […]
What Is The Effect Of The State’s Lifting Of The Ban On Same-Sex Marriage?
Same-sex marriage is now legal in Florida, based upon some recent Federal Court rulings that declared as unconstitutional Florida statutes that banned same-sex marriage. Most counties in Florida are still grappling with the concept, but in at least three counties same-sex marriage licenses are being routinely issued. One wonders how long it will be before […]
Spaulding v. Shane
In the attached domestic violence injunction cas, after more than ten years, the Respondent asked that the Injunction be dissolved. The trial judge denied the request, but the appellate court ruled that the request should have been granted because the trial court used the wrong standard. The Respondent is serving a long prison sentence with […]
Child Support
As attorneys, we are often asked when a client should begin to pay child support, or if they should pay at all. The Court has the ability to order child support retroactively to the date of filing, the date of separation, or up to two years prior to the start of the case in a […]
Garcell v. Garcell
the following case the appellate court reversed a Final Judgment of Dissolution of Marriage because the Wife was not given an opportunity to fully present her case. At the conclusion of the final hearing, the court granted the Wife 45 days to complete discovery and then to reschedule the hearing to learn about what had […]
Giddins v. Giddins
the attached case the Husband and Wife had entered a Marital Settlement Agreement, but before it was approved by the trial court, the Wife filed a Motion to Set Aside the settlement agreement. Despite the motion, though, the trial court entered a Final Judgment adopting the agreement over the Wife’s objection. This was error. The […]