In Boyd v. Boyd, the trial court erred in not calculating an amount of arrearages. Where a party concedes that not all court-ordered child support was paid, the trial court errs in failing to resolve the amount of arrearages. It was a stipulated fact that there was an accumulated arrearage but the amount was not […]
Tag: Family Law
Smith v. Smith
In Smith v. Smith, the applicable date for determining whether assets and liabilities are classified as marital or nonmarital was the date of the filing of the petition for dissolution of marriage. Assets and liabilities not in existence on that date should not be classified as marital. Thus, the equitable distribution scheme that the trial […]
Stantcheva v. Stantcheva
Stantchev v. Stantcheva is an equitable distribution case based upon the date of valuation. Two months before the date of filing the Husband had made a transfer from a marital account in the U.S. to a marital account in Bulgaria, and during the transfer and exchange of the funds from U.S. Dollars to Bulgarian leva […]
How to properly relocate from the State of Florida when you have children.
Florida sets out the requirements for relocation within Florida Statute § 61.13001. This statute applies to you if your intended relocation destination is 50 miles, or more, away from the last residence that you used in establishing your timesharing, or at the time of the filing of such a petition. Moreover, this statute also applies […]
Emotional Attachment To Assets In Divorce Negotiations
One of the things that happens when a couple gets a divorce is the separation of assets and liabilities. Prior to going to trial, the couple is ordered by the Court to attend mediation in order to allow the parties to resolve all, or as many issues as possible, before involving the Court. In mediation, […]
Overcoming Anger and Resentment
How essential is the ability of parents to put aside their personal feelings about each other and put the needs of their children first? You only need to look to Florida Statute 61.13 to see that the Court places great importance on parents being able to separate the feelings they have for each other with […]
I Just Filed For Divorce And Now My Wife Is Threatening To Leave And Take The Kids, What Can I Do?
Often times in divorce, when a Petition for Dissolution is filed, a judge may issue a Standing Temporary Order for Dissolution of Marriage. Within this order, among other things, the parties are ordered that “neither party may remove the children from their current residence without written agreement of both parents, or an order of this […]
What’s The Point Of Mediation?
Unless you go into mediation with the attitude that you know this isn’t going to work, mediation is a great opportunity to take your case out of the clutches of the legal system and put you back into ultimate control. Before walking into the mediation room, here are a few things to remember: The mediator […]
How Does Reunification Work In Cases Of Alienation?
If a parent has been absent from a child’s life for a significant time, it may be helpful to hire a mental health professional to assist the temporarily absent parent to reconnect with the child. Children, especially young children, who have not seen a parent for a long time, may be unsure of the parent […]
Arquette v. Rutter
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 […]