Recent Blog Posts
Modification of a Temporary Relief Order Does Not Require Proof of Substantial Change in Circumstances
The wife in a divorce action appealed a trial court order granting her husband’s motion to modify a prior temporary relief order and designating him the primary residential parent. The couple had two minor children, with one in elementary school and the other in daycare. After the wife filed for divorce, the trial judge… Read More »
What Happens with Child Support When a Parent is Incarcerated?
Paying child support can be a very contentious issue in a divorce, especially when one of the parents in serving a prison sentence. The Fifth District Court of Appeal in Daytona Beach was recently asked to review just that type of case. A father, Dennis, appealed the trial court’s decision ordering him to child… Read More »
Husband to Get for Credit for Temporary Alimony Paid
Alimony or spousal maintenance payments in a Florida divorce may not be as straightforward as they first appear. Determining the type of alimony and when it should begin must be calculated accurately for the benefit of both parties. In some instances, a judge may get it wrong. He or she may fail to consider… Read More »
Appellate Court Says Parenting Plan Lacks Specificity and Orders New Plan
Former husband John Duke appealed the trial court’s final judgment dissolving his marriage to his wife, Heather. The Orlando couple were married for 25 years before she petitioned for dissolution of marriage. At the time, they had one minor child. Following a non-jury trial, the trial judge ordered John to pay permanent periodic alimony,… Read More »
Ex-Husband’s Delays with Financial Discovery Requires Court to Grant Relief to Wife
Property settlement and alimony are critical issues in a divorce. Recently, these issues arose in the dissolution of a 27-year Florida marriage. Specifically, an ex-husband was awarded all the marital assets and didn’t have to pay any alimony after his extended delay in providing his financial records. Richard filed for dissolution of the marriage… Read More »
Grandparent Visitation Order From A Different State Enforced in Florida
Is Florida required to enforce another state’s judgment ordering grandparent visitation with minor children, even though Florida law does not generally allow courts to order grandparent visitation? That question was recently before the Florida Supreme Court. The petitioner, Ruth and the father of her two minor children were divorced in Colorado in 2010. He… Read More »
Child Support Modification Reversed by Fifth District Court of Appeal
Parents frequently seek to modify the child support obligation after the final dissolution decree. A change in circumstances of either part may call for a review and adjustment of the child support obligations. While this type of request is not uncommon, courts in Florida will generally require that certain criteria be met before approving… Read More »
Can a Judge Significantly Change Child Timesharing When the Only Issue Before the Court was the Exchange Location?
Here is a recent case about a judge who changed an Orlando couple’s timesharing and child support obligations without even being asked. In an appeal from the Circuit Court for Orange County, Zameena (the former wife) appealed an order regarding custody and support where the trial judge on his own awarded her former husband… Read More »
Florida Politician Charlie Crist and Wife to Divorce
Florida Representative and former state governor Charlie Crist and his wife and political adviser, Carole, have announced they are seeking a divorce. This was the second marriage for both. “It just didn’t work out for us,” Crist told the Tampa Bay Times. “I wish all … the best for her.” The divorce petition Crist… Read More »
Proper Venue to Modify or Enforce Foreign Divorce Judgment is the County Where Responding Party Lives
In January 2017, the Fifth District appeals Court reversed the Seminole County court’s decision to grant former Husband’s petition to modify a foreign divorce final judgment because he brought the case in the wrong county. In this case, the spouses were married in Miami but separated while they were living in Germany. The husband… Read More »