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Category Archives: General

How Does Alimony Work with a Prenuptial Agreement?

By DeVoe Law Firm |

A contentious and drawn-out divorce case has been travelling through Florida courts for several years. The most recent issue in this case deals with characterization of payments as alimony or salary in a prenuptial agreement that includes a waiver of alimony. The parties in the case waived their right to alimony in a properly… Read More »

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How Do Alimony and Child Support Work When a Spouse is Underemployed or Unemployed?

By DeVoe Law Firm |

Florida courts have typically held that voluntary unemployment or underemployment of a spouse or parent  will be considered when determining whether to impute (or to assign) income for awarding child support or alimony. If an ex-spouse has the ability to contribute to support, he or she must try to do so. Florida law says… Read More »

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Ex-Wife Looks to “Claw Back” Assets Hidden by Ex-Husband

By DeVoe Law Firm |

Florida’s Fifth District Court of Appeal recently heard the appeal of an ex-wife (“Susan”) concerning the division of marital property with her ex-husband (“Jared”). As part of her petition for the dissolution of her marriage, she joined additional parties, including her stepson (“Isaac”) and various corporations that her ex-husband formed during the marriage. In… Read More »

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Florida Court Reviews Judge’s Order to Split up Siblings Between Parents

By DeVoe Law Firm |

Florida law doesn’t favor separating siblings from each other—sending some children to live with the mother and one or more to live with the father—whenever possible the family unit shouldn’t be further fractured by divorce. Typically, courts shouldn’t deprive brother and sisters from growing up together with some common denominator of discipline and the… Read More »

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Florida Mother Asks Court to Review Termination of Her Unsupervised Visitation Rights

By DeVoe Law Firm |

In a recent Florida case, a mother asks the Second District Court of Appeal to review the order denying her emergency motion to modify the temporary time-sharing order for her children with their father. The trial court’s denial of the Mother’s request for a change in the time-sharing schedule was affirmed without discussion, but… Read More »

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Ex-Wife Asks Court to Tap into Homestead Property and Insurance Pol-icy to Satisfy Back Alimony

By DeVoe Law Firm |

Florida has a rule that a homestead is exempt from a forced sale which been in effect for many years. But in a recent case, a former wife appealed a trial court’s finding that homestead property and insurance policies of her ex were always exempt from the contempt powers of the court—even if fraud… Read More »

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Can You Prove Under-the-Table Cash Income for Alimony and Child Support?

By DeVoe Law Firm |

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 »

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Order for Paternity Test to Enforce Child Support Obligation Reviewed by Appellate Court

By DeVoe Law Firm |

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 »

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What Happens When a Florida Parent Asks an Out-of-State Court for Emergency Child Pick-Up?

By DeVoe Law Firm |

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 »

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Equitable Distribution of the Marital Home and Credit Card Debt

By DeVoe Law Firm |

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 »

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