Matthew Lane & Associates, P.A.
Palm Beach Gardens, West Palm Beach And Wellington, Florida Offices 561-328-1095

October 2013 Archives

Divorce in West Palm Beach - Attorney's Fees Award

In a divorce proceeding, an award of attorney's fees to a party that is payable to the party's attorney, is considered to be an award to the party and not to the party's attorney.  In Coppola v. Coppola the Florida Court of Appeal recently stated: "That report and recommendation specifically stated as follows: 'The former husband's request for an award of attorney's fees and costs is hereby granted and the former wife shall, within thirty (30) days of this order, pay to the former husband $31,163.36. Payment shall be made to the former husband's legal counsel at the address set forth within the certificate of service below.' 

Divorce, Palm Beach Gardens, Substantial Time-Sharing Credit

In a divorce proceedings, a parent can waive the substantial time-sharing credit. In Emmenegger v. Emmenegger the Florida Court of Appeal recently stated that: "The provision at issue in the 2005 agreement specifically states that '[t]he parties['] visitation arrangements outlined herein will not be considered as the [f]ather['s] having 40% of time with the children.' It is clear from the wording of the provision and the other provisions in the agreement relating to child support and visitation that the parties intended for the father's visitation schedule to have no effect on the father's child support obligations. In a divorce proceeding, a parent can waive the substantial time-sharing credit. "The provision at issue in the 2005 agreement specifically states that '[t]he parties['] visitation arrangements outlined herein will not be considered as the [f]ather['s] having 40% of time with the children.' It is clear from the wording of the provision and the other provisions in the agreement relating to child support and visitation that the parties intended for the father's visitation schedule to have no effect on the father's child support obligations.

Division of Property and Assets Wellington, Florida

A motion for an interim division of property and assets must be sworn and should describe the assets to be partially distributed. The Court's Order should identify which assets are marital and which assets are nonmarital. In Austin v. Austin the Florida Court of Appeal recently stated: "Section 61.075(5), Florida Statutes (2011), does not authorize the trial court's action here, contrary to the wife's urging. This section provides in pertinent part as follows: 

Division of Property and Assets, West Palm Beach, Florida

In a matter involving the division of property and assets, an order adjudicating issues not presented by the pleadings, noticed to the parties, or litigated below denies fundamental due process. In Austin v. Austin, the Florida Court of Appeal recently stated: "In this dissolution of marriage proceeding, we have for review the trial court's interlocutory Order on Wife's Emergency Motion, directing the liquidation of certain of the husband's assets and the disbursement of the resulting funds to assist in paying an estimated $28,000 mortgage debt, and the escrowing of other funds. 

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Palm Beach Gardens Office
The Financial Center at the Gardens
3801 PGA Boulevard
Suite 600
Palm Beach Gardens, Florida 33410

Phone: 561-328-1095
Fax: (561) 472-1568
Map & Directions

Wellington Office
Wellington Reserve
1035 South State Road 7
Suite 315
Wellington, Florida 33414

Phone: 561-328-1095
Fax: (561) 472-1568
Map & Directions

West Palm Beach Office
Phillips Point
777 South Flagler Drive
Suite 800
West Palm Beach, Florida 33401

Phone: 561-328-1095
Fax: (561) 472-1568
Map & Directions

Boca Raton Office
One Boca Place
2255 Glades Road
Suite 324A
Boca Raton, Florida 33431

Phone: 561-328-1095
Fax: (561) 472-1568
Map & Directions