The above statement is something that is heard often by many Florida family law professionals, and each time it comes up, the following needs to be explained. The word “custody” in Florida law is an archaic term, and although it is obsolete, it seems like it simply won’t go away. This is likely because the […]
Tag: Men’s Rights Law Firm
Sikora v. Sikora
In Sikora v. Sikora, several errors required reversal and remand: In the absence of special circumstances, permanent, periodic alimony in an amount that exceeds the former wife’s established need is error. The trial court erred by imputing income to the former wife from her retirement accounts where there was no evidence to support the imputation. […]
Quinn v. Quinn
In Quinn v. Quinn, the amount of child support was not based upon the actual overnights granted, and thus reversal was required for a re-calculation. Quinn v Quinn
Thompson v. Malicki
In Thompson v. Malicki, income was imputed to the Former Wife, but the supplemental final judgment lacks sufficient findings regarding recent work history, occupational qualifications, and the prevailing earnings level in the community to support the amount imputed and the imputation was not based upon substantial competent evidence. Thompson v Malicki
Boyd v. Boyd
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 […]
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 […]
Drouin v. Stuber
In Drouin v. Stuber (a paternity case), the mother sought to vacate a 2011 judgment that had declared another man to be biological father despite the fact that the child had been born during an intact marriage. The appellate court reversed the order setting aside the earlier order, because it was the legal father’s rights […]
Richeson v. Richeson
According to Richeson v. Richeson, a court has no authority to partition jointly-held property in the absence of the parties’ agreement or a specific pleading requesting partition. Richeson v Richeson
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 […]