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 […]

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What is “income” for purposes of child support calculations?

And how does Florida factor in disability benefits that go directly to the opposing party? First, F.S. 61.046(8) states, “‘Income’ means any form of payment to an individual, regardless of source, including, but not limited to: wages, salary, commissions and bonuses, compensation as an independent contractor, worker’s compensation, disability benefits, annuity and retirement benefits, pensions, […]

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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 […]

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I just received a letter from the Department of Revenue (DOR) regarding a Proposed Administrative Support Order, what do I do?

If you have recently received a letter from DOR stating that the department is seeking to establish child support pursuant to a Proposed Administrative Support Order, do not hesitate: bring that letter to your lawyer immediately. There are very specific guidelines for what you can do when you receive such a letter, and all of […]

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Temares v. Temares

In Temares v. Temares, the appellate court reversed an order for compulsory mental health and substance abuse evaluation. There was no good cause for the evaluations. The “in controversy” and “good cause” requirements for a compulsory evaluation require an affirmative showing by the movant that each condition as to which the examination is sought is […]

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Timesharing and Custody Factors

When Florida courts fashion timesharing plans, there are multiple factors which the Court must consider to determine the plan that is in the best interest of the children. The factors considered by the Court can be found in Florida Statute 61.13(3). It is important to understand each factor and to do your best to follow […]

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The Future of Alimony in Florida

On September 10, 2015, Florida Senator Tom Lee filed an alimony reform bill with the legislature for its consideration during the 2016 legislative session, which begins in January 2016. The bill, as filed, is largely identical to the alimony reform bill that Senator Lee filed before the 2015 legislative session. The 2015 bill never made […]

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