Author Archives: Site Administrator
Can You Prove Under-the-Table Cash Income for Alimony and Child Support?
A former husband and wife both challenged a final judgment dissolving their 17-year marriage recently in Florida. During the marriage, the Husband operated several marine-related businesses. His wife was a stay-at-home mom. They enjoyed a comfortable middle-class lifestyle throughout the marriage. From the start of the dissolution proceedings, the Husband was “less than cooperative”… Read More »
Order for Paternity Test to Enforce Child Support Obligation Reviewed by Appellate Court
The Florida Department of Revenue (DOR) asked the District Court of Appeal in Daytona Beach to review a judge’s order directing the parties and minor child to submit to paternity testing to register and enforce a child support obligation from a court in Texas. The mother, in this case, Erin, had a child in… Read More »
What Happens When a Florida Parent Asks an Out-of-State Court for Emergency Child Pick-Up?
The Uniform Child Custody Jurisdiction Act (UCCJEA) controls inter-state custody disputes, which are common in today’s society. One parent may live in Florida, while the other now lives in Oregon or another state. The UCCJEA helps with this situation by establishing jurisdiction over a child custody case in only one state and protecting that… Read More »
Equitable Distribution of the Marital Home and Credit Card Debt
Credit card debt accumulated during a marriage can be a major point of contention in divorce negotiations, just like the equitable distribution of the marital home. Both items may be thought of as worth more or less, depending on the party’s viewpoint. Recently, a former wife in Orlando, Judith, appealed the final judgment dissolving… Read More »
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 »