In the attached child support case, the award of child support and arrears is reversed and remanded for recalculation. The trial court did not use the proper method for substantial shared timesharing. The parties had a 50/50 timesharing arrangement, but the trial court failed to use the gross-up method to calculate the child support, and […]
Schmidt v. Schmidt
The attached alimony case has a tortured procedural history, apparently due to things that were happening during the passage of time between trial and the final judgment. The original trial judge made oral pronouncements and requested submissions of proposed alimony findings, and the final judgment that was later entered did not accurately reflect the oral […]
Phillips v. Phillips
The following case reversed the granting of an Injunction for Protection Against Domestic Violence because the pleading and testimony failed to allege that violence had occurred or that there was a reasonable fear that violence would occur. The wife had testified that no violence had in fact occurred in the four months preceding her petition. […]
Seilkop v. Barker
Florida Statues Chapter 751 creates a cause of action when an extended family member needs to assume temporary custody of a child on behalf of the parents. These cases often arise when children are voluntarily placed, for example, with a grandparent. Section 751.05(6) provides that the trial court shall terminate the temporary custody order upon […]
Bush v. Henney
Bush v Henney In Bush vs. Henry, an Injunction for Protection Against Domestic Violence should have been dismissed upon the motion of the Respondent filed 14 years after the injunction was originally granted. The events which gave rise to this injunction arose during an exchange of the parties’ minor child, who is now 20. The […]
Undifferentiated Family Support
When there are viable claims for both alimony and child support, often the Court will award “undifferentiated family support”, which is a combined number that will encompass both types of awards. This can be an opportunity to get a tax benefit normally associated with alimony but not available for child support, but one should be […]
Goslin v. Preisser
In the attached case, the appellate court dismisses an appeal because it is brought to review a non-final order denying a discovery motion. Generally, non-final orders that deny discovery motions are only reviewable when the case is finalized. Certiorari does not lie where there is no irreparable harm that is caused, and generally there is […]
Lomax v. Taylor
In the attached case, the Supreme Court sanctions a woman who, in a ten year span, filed 44 separate cases in the Supreme Court, all of which were denied, dismissed or transferred. She is no longer allowed to file anything unless it is signed by a Florida Bar member in good standing who certifies that […]
Holiday Traditions
No matter which holidays your family celebrates, there are sure to be some tried and true family traditions. When your family is going through a divorce or paternity action, it is easy to get caught up in the negative emotions and to want to ignore the holidays. However, your children need to feel secure in […]
Felice v. Sutherland Pullen Law, PLLC
The following is a charging lien case. The trial court granted a charging lien to be applied to the Husband’s homesteaded property. The appellate court reversed the application of the charging lien to homestead property, citing a prior case that had ruled a waiver of homestead is ineffective in an unsecured debt transaction. The lien […]