In a recent child support case involving unmarried parents, the mother attempted to impute income to the father. The father lost his job as a commodity broker as a result of his misappropriation of funds. The mother introduced a report from a vocational expert in an attempt to impute income to the father. In aContinue reading “IMPUTING INCOME TO UNEMPLOYED OR UNDEREMPLOYED PARENTS”
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Author Archives: Matthew Lane
IMPUTING INCOME TO STAY-AT-HOME PARENTS IN FLORIDA DIVORCES
Where parties jointly decide that one parent should stay at home to raise and care for their children, Florida courts give great deference to this decision and ordinarily do not impute income to the stay-at-home parent in awarding alimony. In a case captioned Wilkins v. Wilkins, the Former Wife appealed the lower court’s order granting temporary reliefContinue reading “IMPUTING INCOME TO STAY-AT-HOME PARENTS IN FLORIDA DIVORCES”
Imputing Income for Purposes of Alimony in Florida
An alimony case involving imputation of income was recently decided by the Florida Court of Appeal in a case captioned Waldera v. Waldera. In this case, the husband and wife were married in 1999. At the time of their marriage, the wife held a bachelor’s degree in accounting. She worked as a fulltime bookkeeper at the husband’s lawContinue reading “Imputing Income for Purposes of Alimony in Florida”
How to Win a Modification of Child Custody and Visitation Case in Florida
A Modification of Child Custody and Visitation case was recently decided by the Florida Court of Appeal in a case captioned Romeo v. Romeo. In this case, the former husband and former wife were divorced in 2007. The Final Judgment dissolving their marriage contained an agreed upon time-sharing schedule for their minor children. The former husband filed a SupplementalContinue reading “How to Win a Modification of Child Custody and Visitation Case in Florida”
WHO GETS TO STAY IN THE HOME DURING A FLORIDA DIVORCE?
A division of property and assets case involving the exclusive use and occupancy of the marital home was recently decided by the Florida Court of Appeal. In a case captioned Ortiz v. Ortiz, the husband and wife were married in 2010, and had three children. They lived in Tennessee for most of their marriage, and thenContinue reading “WHO GETS TO STAY IN THE HOME DURING A FLORIDA DIVORCE?”
WHEN IS AN UNEQUAL DIVISION OF ASSETS AWARDED IN A FLORIDA DIVORCE?
In Florida, courts begin with the premise that the distribution of marital assets and liabilities will be equal. Courts look at all of the following 10 factors to determine whether an unequal division of marital assets is appropriate: (i) whether one of the parties has made an extraordinary contribution to the marriage that is above and beyondContinue reading “WHEN IS AN UNEQUAL DIVISION OF ASSETS AWARDED IN A FLORIDA DIVORCE?”
IMPUTING INCOME TO A SPOUSE IN A FLORIDA ALIMONY CASE
In order to impute income to a voluntarily unemployed or underemployed spouse, the party seeking to impute income must prove that there are current and available employment opportunities for which the spouse is qualified. The spouse’s employment potential and probable earnings are based upon the spouse’s recent work history, occupational qualifications and the prevailing earningsContinue reading “IMPUTING INCOME TO A SPOUSE IN A FLORIDA ALIMONY CASE”
HOW TO CHALLENGE A PRENUPTIAL AGREEMENT IN FLORIDA
All prenuptial agreements executed after October 1, 2007, must be in writing and signed by the parties. Premarital agreements executed after October 1, 2007, are not enforceable under the following circumstances. First, when the agreement was not executed voluntarily. Second, when the agreement is the product of duress, fraud, coercion or overreaching. Third, the prenuptialContinue reading “HOW TO CHALLENGE A PRENUPTIAL AGREEMENT IN FLORIDA”
Calculating Alimony In Florida
In an alimony case captioned Waldera v. Waldera, the trial court was presented with evidence concerning the Husband’s income during the previous ten years. However, the trial court only considered the Husband’s income during the one year period that preceded the entry of the Final Judgment. The Florida Court of Appeal ruled that this was error. CalculatingContinue reading “Calculating Alimony In Florida”
HOW DOES THE MARITAL STANDARD OF LIVING AFFECT THE SIZE OF AN ALIMONY AWARD
Florida’s alimony statute requires courts to consider the standard of living that was established by the parties throughout the course of their marriage. Its purpose is to provide for the needs and necessities of life for the recipient spouse as they were established during the course of the parties’ marriage. It is one of eleven statutory factorsContinue reading “HOW DOES THE MARITAL STANDARD OF LIVING AFFECT THE SIZE OF AN ALIMONY AWARD”
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