Don’t just settle to get this over…Get it right the first time and fight for what you want in your divorce or paternity case right now. Last week, we discussed the fact that equitable distribution judgments are generally non-modifiable. This week we will examine modification of custody orders. Fla. Stat. 61.13(3) states, “…A determination of […]
Tag: Dissolution of Marriage Florida
Forssell v. Forssell
In Forssell vs. Forssell, the appellate court reversed a non-final order suspending time-sharing because the trial court did not indicate what if any steps would be required of the father to reinstate his time-sharing. The appellate court also reversed and remanded an order denying the dismissal of a separate domestic violence injunction. Both parties requested […]
Modifying Final Judgments Part I:
Don’t just settle to get this over…Get it right the first time and fight for what you want in your divorce or paternity case right now. For some men the attitude is, “I just want this over. Let’s just settle. She can have what she wants right now, and we can talk about changing things […]
Stusch vs. Jiruska
In Stusch vs. Jiruska, the appellate court reversed and remanded an order finding the former husband in Contempt because the trial court erred in not granting a continuance and conducting a hearing without the former husband present. The trial court should have granted a continuance based upon the pro se letter from the former husband […]
Realistic Custody Expectations in Florida Family Court
Often, potential clients enter an attorney’s office with high hopes and lofty goals. Many want their “day in court” and do not wish to settle for less than 100% of their original goal. The reality is that the Court is not in business to make you happy. The Family Court is a court of equity. […]
Addie vs. Coale
Addie vs. Coale has a history in the 4th district. When it was first appealed, it was remanded for reconsideration of the alimony and child support aspects of the final judgment. On remand, the successor trial judge entered an alimony and child support award, but it was deficient in that findings were not made on […]
McGlynn vs. Tallman-McGlynn
In McGlynn vs. Tallman-McGlynn, we are reminded that if you include bonus income in your financial affidavit but want to argue that it should not be included in net income for alimony or child support, you should be prepared to present evidence supporting the claim that the bonus income is non-recurring. Also, the Former Husband […]
Lathrop vs. Lathrop
In Lathrop vs. Lathrop, the trial court rightfully awarded alimony, but it erred in requiring that the alimony be secured by life insurance. In the absence of special circumstances, a spouse cannot be required to maintain life insurance for the purpose of securing an alimony obligation. A final judgment of dissolution must set forth sufficient […]
“So you’re going through a divorce and you’re ready to start cutting ties with everything…don’t change anything just yet.”
Often times at the outset of a divorce, men begin wondering what to do regarding their home, their bills, their insurance policies, etc. They want to begin cutting ties with their old life and begin establishing a new one. More often than not, the appropriate course of action during the pendency of your divorce is […]
Parental Alienation
Parental alienation occurs when one parent takes steps to isolate the child through words and actions meant to damage or destroy the child‘s relationship with the other parent. These steps are often deliberate and malicious on the part of the alienating parent. Alienation often happens when parents are ending their relationship and can be committed […]