Florida is one step closer to having specific guidelines for alimony. A bill has passed through the legislature. If approved by the governor the bill would become law on October 1, 2016. Presently, alimony is determined based upon a balancing of the needs of the recipient against the ability to pay by the obligor. The […]
Tag: Dissolution of Marriage Florida
Cell Phones and Social Media in Family Law Litigation: “Don’t say, or do, anything online, or via text, that you wouldn’t say, or do, in front of the judge.”
This is a very difficult subject to try to give advice upon because most of us are not feeling what you are feeling in that moment when you press “send” or “post.” During the family law litigation process emotions are high and reactions are rapid and unpredictable. To even the most calm and centered of […]
Florida Senate Tracker Update – Alimony Legislation
The alimony saga in the Florida legislature has taken an unexpected twist. Until yesterday, two separate bills (HB 455 in the House, and SB 668 in the Senate) were moving toward votes in the full chambers. Yesterday, however, Senate Bill 668 was amended in its entirety to delete the alimony guidelines and instead establish a […]
Taylor v. Taylor
Taylor v Taylor In Taylor v. Taylor, the 2d DCA reverses an award of durational, rather than permanent, alimony. The identified problem essentially was twofold, but really comes down to an absence of statutory findings. There is a lack of findings necessary to support the use of durational rather than permanent alimony, and the amount […]
Kelley v. Kelley
Kelley v Kelley In Kelly v. Kelly, the 4th DCA reversed and remanded the final judgment on the issues of equitable distribution and alimony. As to ED, the trial court had stated its intention to make equal awards to the parties, but a mathematical error in the equalizing payment made the award significantly unequal. As […]
Possible Alimony Law Changes In The Works
In this edition of the Men’s Rights Law Firm blog, we will discuss the pending alimony law changes that could become reality in the near future. The following is in an FAQ format, and may hold answers to questions by those facing unjust alimony obligations in their divorce decrees: 1. What are your thoughts on […]
Some Thanksgiving Thoughts
For this Thanksgiving issue of the Men’s Rights Blog, let’s take a minute to acknowledge some practical pieces of advice that family law litigants can use to help facilitate the difficult process of dealing with divorce and custody issues. During this trying time, it is easy to get lost in all the stress, and even […]
Gentile v. Gentile
In Gentile v. Gentile, the 4th DCA reversed and remanded a case for further proceedings. The parties’ settlement agreement, announced on the record, split a parcel of land and left the valuation of that splitting to binding mediation, but the mediator did not utilize the division as contemplated by the settlement agreement (which included a […]
Bailey v. Bailey
Bailey v. Bailey concerned the granting by the trial court of a motion for psychosocial and substance abuse evaluation. The Appellate court quashed the order because the motion was filed the same day as the hearing, and thus there was inadequate notice. The evidence that was adduced suggested that some type of psychological evaluation might […]
Rutan v. Rutan
Rutan v. Rutan is a case that had been previously remanded for findings. The 2d DCA again remanded the case for findings justifying its award of alimony. The trial court (in Pinellas County) found that the Wife had met her burden of proving ability to pay, but the findings are insufficient to allow the appellate […]