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

June 2014 Archives

Alimony in Jupiter, Florida - Imputation of Income

In calculating an alimony award, the amount of income that a spouse may be able to earn is a factor that the court should consider. The court should look at the impecunious spouses' work history, occupational qualifications, and the prevailing earnings in the community for the type of jobs for which the spouse is qualified. The amount of income a spouse may be able to earn is a factor that the court should consider in determining an alimony award. The court should consider the wife's work history, her occupational qualifications, and the prevailing earnings in the community for the type of jobs for which the wife is qualified. In Adelberg v. Adelberg, the Florida Court of Appeal recently stated: "We review imputation of income based on whether it is supported by competent, substantial evidence. Marshall-Beasley v. Beasley, 11 So.3d751,755 (Fla.4th DCA 2011).

Modification of Alimony in Jupiter, Florida

In a modification of alimony proceeding, the moving party must show that there has been a substantial change in the party's circumstances, the change was not contemplated at the time of the final judgment of dissolution, and the change is sufficient, material, involuntary, and permanent in nature. In Garvey v. Garvey, the Florida Court of Appeal recently stated: "This court has explained: 'In petitioning to modify alimony, the moving party must show three fundamental prerequisites: First, there must be a substantial change in circumstances. Second, the change was not contemplated at the time of final judgment of dissolution. Third, the change is sufficient, material, involuntary, and permanent in nature. Zeballos, 951 So. 2d at 974 (quoting Pimm v. Pimm, 601 So. 2d 534, 536 (Fla. 1992))... Further, "the proof required to modify a settlement agreement and the proof required to modify an award established by court order shall be the same." § 61.14(7), Fla. Stat. (2011)... 

Modification of Alimony in Palm Beach, Florida

In a modification of alimony proceeding, a trial court can temporarily modify an alimony award while the award is being appealed. It cannot alter the actual alimony award during the pendency of the appeal. In Horowitz v. Horowitz the Florida Court of Appeal recently stated: "[T]he trial court may conduct a hearing on the modification petition and issue orders consistent with Rule 9.600(c). It may not, however, enter a final judgment disposing of the modification petition until the appeal is final and our mandate issues. Thompson v. Stewart, 569 So. 2d 1372 (Fla. 4th DCA 1990); Campbell v. Campbell, 436 So. 2d 374 (Fla. 5th DCA 1983); Kalmutz v. Kalmutz, 299 So. 2d 30 (Fla. 4thDCA 1974)...We begin with the principle stated by this court in Kalmutz: [W]hen the jurisdiction of the appellate court attaches it is exclusive as to the subject covered by the appeal; so that modification of an order under appeal would be beyond the jurisdiction of the trial court from the very innate nature of the appellate jurisdiction and from the very practical viewpoint that there is no order to be modified until the appellate court determines what the order actually is. Kalmutz, 299 So. 2d at 32 n.l...

Child Custody and Visitation in Boynton Beach, FL

In a child custody and visitation case, a court of this state may not exercise its jurisdiction if, at the time of the commencement of the proceeding, a proceeding concern­ing the custody of the child has been commenced in a court of another state which obtained jurisdiction under requirements that are substantially in conformity with the jurisdictional requirements of the UCCJEA. In Billie v. Stier the Florida Court of Appeal recently stated: "Under the UCCJEA the Miccosukee Tribe is treated as a state in the United States. Section 61.519, Florida Statutes (2012), covers situations where there are simultaneous custody proceedings in this state and in another state. That statute provides that 'a court of this state may not exercise its jurisdiction under ss. 61.514-61.524 if, at the time of the commencement of the proceeding, a proceeding concern­ing the custody of the child had been commenced in a court of another state having jurisdiction substantially in conformity with this part.' § 61.519(1), Fla. Stat. (emphasis added). 

Modification of Alimony in Boynton Beach, Florida

In a modification of alimony proceeding, where the have parties agreed that alimony is non-modifiable and there is no provision in the Marital Settlement Agreement that it will cease upon remarriage, bridge the gap alimony is non-modifiable. In Taylor v. Lutz, the Florida Court of Appeal recently stated: "[S]ection 61.08(5)...states: 'Bridge-the-gap alimony may be awarded to assist a party by providing support to allow the party to make a transition from being married to being single. Bridge-the-gap alimony is designed to assist a party with legitimate identifiable short-term needs, and the length of an award may not exceed 2 years. An award of bridge-the-gap alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. 

Child Custody and Visitation in Jupiter, Florida

In a child custody and visitation case, a court is not bound by an agreement of parents regarding child support, custody, or visitation. In Puglisi v. Puglisi, 39 Fla. L. Weekly D725 (Fla. 5th DCA April 17 2014) the Florida Court of Appeal recently stated: "It is well recognized that '[a] court is not bound by an agreement of parents regarding child support, custody, or visitation.' Trang NgoanLev. TungPhuongNguyen, 98 So. 3d 600, 601 (Fla. 5th DCA 2012); see also Lane v. Lane, 599 So. 2d 218, 219 (Fla. 4th DCA 1992) ('It is undisputed, and should be indisputable, that a trial court's responsibility to the child cannot be abdicated to any parent, any expert. That heavy responsibility mandates that a court is not bound by any agreement between parents, nor by the opinions of any expert or group of experts.'). The 'best interests' of the child takes predomi­nance over any agreement between the parents and must be independ­ently determined by the trial court. See Feliciano v. Feliciano, 674 So. 2d937 (Fla. 4th DCA 1996) (confirming that trial court is not bound by agreement regarding child support, custody and visitation where it determines that is not in best interests of children); Jones v. Jones, 674 So. 2d 770, 774 (Fla. 5th DCA 1996) (reiterating that 'best interests of the children are to govern custody decision, regardless of any stipulation between the parties')... 

Child Custody and Visitation in North Palm Beach, FL

In a child custody and visitation case, it is the public policy of this state that each minor child has frequent and continuing contact with both parents after the marriage, and the privilege of visiting children should never be denied either parent as long as parents conducts themselves, while in the presence of such children, in a manner which will not adversely affect the morals or welfare of the children. Additionally, when a court exercises its discretion to restrict or deny visitation, it must clearly set forth the steps the parent must take in order to reestablish time-sharing with the children. 

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

Phone: 561-328-1095
Fax: (561) 472-1568
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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
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Boca Raton Office
One Boca Place
2255 Glades Road
Suite 324A
Boca Raton, Florida 33431

Phone: 561-328-1095
Fax: (561) 472-1568
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