Author Archives: Michael DeVoe
Correcting Clerical Error vs Substantive Error
In Tucker v. Lancaster (Fla. 5th DCA 2025), the court addressed a dispute over a post-divorce retirement benefits order and clarified the difference between clerical and substantive mistakes in court judgments. The case originated from a divorce finalized in 2021, which incorporated a marital settlement agreement. According to the agreement, the former spouses were… Read More »
The Alimony Two Step
The recent case Shouman v. Salama (Fla. 6th DCA 2025) is very helpful to family law attorneys by illustrating the two-step process for determination of alimony and spousal support in Florida divorce cases. In Shouman, the former wife appealed the trial court’s final judgment that denied her request for alimony. The Sixth DCA found… Read More »
Sentimental Value in Divorce
It’s priceless, money can’t replace it. We hear it all the time. It gets traction, because it’s not without merit. Sentimental items may include family pictures and VHS tapes, rare items and collections, and inherited mementos passed down through the family. In Michener (January 22, 2025), the divorce court was faced with assessing a… Read More »
Court Cannot Delegate Time Sharing Decision to Third Parties
It is common for trial courts to want input from mental health professionals when establishing a parenting plan that is in the best interest of a child in a divorce or paternity action. It is error for the court to wholesale delegate its responsibility to establish a parenting plan to third parties, such as… Read More »
Retroactive Child Support Must be Specifically Pleaded
Until now, there was an open question as to whether retroactive child support needs to be explicitly requested in the pleadings. The argument against the necessity for doing so is that Florida’s child support statute states that when child support is an issue, the court may order support to begin as early as 24… Read More »
How can you stop false reports of child abuse to DCF?
The Department of Children & Families (DCF) is required to receive and investigate allegations of child abuse as part of its mandate to protect children from abuse and neglect. DCF relies on the public to report suspected child abuse. In Florida, everyone is legally required to report suspected child abuse. It is a crime… Read More »
Reduction of Agreed Child Support vs Alimony
Court Rejects “Heavier” Burden of Proof for Downward Modification of Agreed Child Support In Mannella, the Sixth District Court of Appeals recently departed from Florida’s five other appellate courts by declining to hold child support obligors to a heavier burden of proof when seeking downward modification of agreed-upon child support. [1] Downward modification of… Read More »
Burden of Proof in a Florida Divorce
The General Rule: Preponderance The burden of proof in a Florida family law case, including divorce, is preponderance of the evidence. Straughter (1956) (preponderance standard applied to divorce); Perry (1957) (same); Lauray (1966) (same); Rosborough (1968) (preponderance standard applied to residency requirement for divorce); and Heim (1998) (sustaining the trial court’s application of the… Read More »
Which Costs More: Alimony or Child Support?
In Florida, the cost difference between child support and alimony (spousal support) depends on parent incomes, parenting time, and the financial needs of the parents and their children. — Child Support in Florida Purpose: Provides for the child’s needs, including food, housing, clothing, healthcare, education, and extracurricular activities. Calculation: Florida uses a formula outlined… Read More »
Evidence in Divorce & Fathers’ Rights
Evidence in a family law case refers to the information, documents, or testimony presented to the court to support or refute claims made by the parties involved. This evidence helps the judge make decisions on issues such as timesharing and visitation, custody, alimony, child support, property division, or other family law matters. Common types… Read More »
