Author Archives: Matthew Lane

In a child custody proceeding, a judgment can be issued against a party who fails to appear at a final hearing. However, the party failing to appear can challenge the proceeding under Rule 1.540(b). “This case, however, was not decided upon a default but upon a full hearing with witnesses and substantial evidence. The motherContinue reading “Default Judgments In Florida”

Income that can be derived from an IRA can be utilized to determine ability to pay. “The wife challenges the trial court’s inclusion of IRA income in its determination of her ability to support herself. She contends that the court erred as a matter of law in concluding that income from her IRAs and annuitiesContinue reading “Alimony – Income derived from an IRA”

If a party obtains an award of retroactive alimony, that party may also obtain prejudgment interest on the award. “Also, the Wife is entitled to prejudgment interest on the alimony arrearage owed by the Husband. See Burkley v. Burkley, 911 So. 2d 262, 271 (Fla. 5th DCA 2005) (“[T]he court…would err by declining to awardContinue reading “Retroactive Alimony – Prejudgment Interest”

An unallocated/undifferentiated award must differentiate between child support and alimony so that a reviewing court can determine if the support guidelines were followed. “A support award that fails to differentiate between child support and alimony is improper because it renders the appellate court unable to determine whether the trial court applied the statutory child supportContinue reading “Unallocated Alimony in Florida”

Child Custody & Visitation – Exposure to the Religious Practices of Both Parents in Florida Children may be exposed to the religious practices of both parents. “The parties disagree regarding the religious upbringing of the children. The mother wishes to raise the children in the Catholic faith, which is inconsistent with the father’s beliefs, orContinue reading “Exposure To The Religious Practices Of Both Parents In Florida”

If the obligor fails to demonstrate his or her income during the retroactive period, the Court shall apply the current child support guidelines to calculate retroactive child support payments. “In addition, the ALJ erred in using Finch’s current monthly income to compute the retroactive support obligation. The use of current income is permissible when theContinue reading “Child Support – Retroactive Child Support in Florida”

(ix) An award of rehabilitative alimony must provide an end date for the payments. “Although the final judgment awards the Former Wife $3500 a month as rehabilitative alimony and states that the purpose was for the Former Wife to complete her education, the trial court did not provide an end date for the payments. TheContinue reading “Rehabilitative Alimony in Florida”

Navigating the Impact of Market Conditions on Investments in Divorce Proceedings Market fluctuations can significantly affect the value of investments subject to equitable distribution in divorce proceedings. The Lane Law Firm understands that even when investment values decline due to market conditions, court orders require that the dollar amount owed remains consistent. This legal principleContinue reading “Effect of Market Conditions on Investments in Florida”

The remedies employed by the trial court should be viewed as a whole to determine whether they accomplish equity between the parties. “A trial court has broad discretion in determining which remedy to apply to accomplish equity between the parties in a dissolution proceeding. See Canakaris v. Canakaris, 382 So. 2d 1197, 1202 (Fla. 1980).Continue reading “Permanent & Rehabilitative Alimony in Florida”