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

April 2014 Archives

Divorce in North Palm Beach, Florida - Bifurcation of Proceedings

In a divorce proceeding, if a trial court bifurcates the proceeding to dissolve the marriage but retains jurisdic­tion to determine property issues, the subsequent death of a party does not deprive the trial court of jurisdiction to determine the issues reserved. In Passamondi v. Passamondi, the Florida Court of Appeal recently stated: "Claudia Passamondi (the Former Wife) challenges the trial court's order dismissing her claims for the determination of property issues in a bifurcated dissolution of marriage proceeding. 

Contests to Prenuptial Agreements in Palm Beach, Florida

In contesting prenuptial agreements, parties should either establish fraud, duress, overreaching or that the agreements are unfair or make unreasonable provision for spouses. In determining whether agreements are unfair or make unreasonable provision for spouses, courts look at the parties relative situations, their ages, health, education, financial status. 

Child Custody and Visitation in Jupiter, Florida

In a recent child custody and visitation case, the Court denied visitation in a country that is not a signatory to the Hague Convention. In Matura v. Griffith, the Florida Court of Appeal stated: "Vidyawattie Matura ("the mother") appeals from a final judgment dissolving her marriage to Andrew Griffith ("the father"). The only issue on appeal is the trial court's decision to allow the father to have visitation with the parties' two sons in Jamaica, a non-signatory to the Hague Convention of the Civil Aspects of International Child Abduction ("Hague Convention").... 

Paternity, Unwed and Unmarried Parents, North Palm Beach, FL

In a paternity proceeding, a child born during an intact marriage is presumed to be the child of the man to whom the biological mother was married. In CG v. J.R. & J.R., the Florida Court of Appeal recently stated: "... [T]his is...a case wherein the biological mother- while married to her husband-became pregnant by another man and wherein both fathers claim parental rights to the child. The fact that C.G.'s DNA test results established that he was H.G.-R.'s biological father is "legally insignificant" for purposes of establishing parental rights. See Slowinski v. Sweeney, 117 So.3d 73, 78 (Fla. 1st DCA 2013). 

Paternity; Boynton Beach, Florida

Contested paternity proceedings may not be heard by hearing officers because they have no constitutional or statutory authorization to make recommendations regarding custody and visitation. In Depart­ment of Revenue o/b/o Moore v. Williams, the Florida Court of Appeal recently stated: "The Department of Revenue appeals a Final Judgment of Support which deviated from the child support guide­lines by more than five percent based on the findings and recommen­dations of a hearing officer...On behalf of the Mother, the Department filed a petition for support and other relief against the Father...

Child Relocation - Palm Beach Gardens, Florida

In a child relocation proceeding, when a parent violates a pretrial order addressing the removal of the child from the jurisdiction of the court, it is well within the discretion of the trial court to award sole responsibility to the parent who is properly before the court and compliant with the orders of that court. "Claudia Herrera-Frias appeals the judg­ment of dissolution of her marriage to Jesus Frias...She also challenges the trial court's decision to award her husband sole parental responsibility for the three children of the marriage while giving her limited contact with the children...

Alimony in North Palm Beach, Florida

In awarding alimony, income from property being distributed should be used in determining need and ability to pay. In Hodge v. Hodge, the Florida Court of Appeal recently stated: "The Amended Final Judgment does not indicate that the trial court's calculation of the Appellee's income included any investment income attributable to the assets divided in the equitable distribution scheme....

Child Relocation in Jupiter, Florida

In a child relocation proceeding, when the parties' settlement agreement expressly prohibits a move, the party who seeks to relocate must show a substantial change in circumstances to justify the relocation. In Moore v. McIntosh the Florida Court of Appeal recently stated: "The trial court erred as a matter of law by modifying the parties' custody arrangement after finding that the parties' relocation to different cities in Okaloosa County, which resulted in each of them living twenty miles from their child's school in Okaloosa County, constituted a substantial change of circumstances. 

Child Custody and Visitation in Boynton Beach, Florida

In a recent child custody and visitation case, the Court denied visitation in a country that is not a signatory to the Hague Convention. "Vidyawattie Matura ("the mother") appeals from a final judgment dissolving her marriage to Andrew Griffith ("the father"). The only issue on appeal is the trial court's decision to allow the father to have visitation with the parties' two sons in Jamaica, a non-signatory to the Hague Convention of the Civil Aspects of International Child Abduction ("Hague Convention")

Division of Property And Assets in Boynton Beach

In making a division of property and assets, although section 61.075(10), Florida Statutes, grants the trial court the discre­tion to order an equitable distribution of marital assets payable in installments over a fixed period of time, ordering a wife to buy out the husband's interest in the marital home over a twenty year period of time, deprives the husband of his one-half present interest in the home.

Request Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Email Us For A Response

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