In awarding alimony, a trial court must make findings of fact for each factor, even if alimony is denied. “Here, the court simply denied the Former Wife’s request for alimony because the Former Husband was going to make an equalizing payment and this was a short-term marriage. However, the trial court did not address allContinue reading “Alimony – Findings of Fact Regarding Short Term Marriage in Florida”
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Alimony Enforcement in Florida
A final judgment awarding alimony and child support creates a presumption that the payor has the ability to pay. The payor bears the burden of proof to demonstrate that the payor cannot pay. “The final judgment of support created a presumption that the father had the ability to pay child support and to purge himselfContinue reading “Alimony Enforcement in Florida”
Alimony – Standard of Review of Trial Court’s Rulings in Florida
Trial Court’s Decision on whether to award permanent alimony is subject to an abuse of discretion standard of review. “‘A trial court’s decision on whether to award permanent periodic alimony is subject to an abuse of discretion standard of review.’ Hornyak v. Hornyak, 48 So. 3d 858, 861 (Fla. 4th DCA 2010); see Mondello v.Continue reading “Alimony – Standard of Review of Trial Court’s Rulings in Florida”
Unmarried Fathers and Unmarried Mothers and Contempt of Court in Florida
This paternity case involved an unmarried mother and an unmarried father in Hillsborough County, Florida. This litigation started when the child was 16 months old. The parties were initially able to settle matters involving their personal property. However, disputes about the child continued for many years. After an August 2008 hearing, the trial court enteredContinue reading “Unmarried Fathers and Unmarried Mothers and Contempt of Court in Florida”
DIVISION OF BUSINESSES IN A FLORIDA DIVORCE
Divorce proceedings in Florida often involve the division of businesses. Courts typically effectuate the division of property and assets in a Florida divorce in such a manner as to allow the operating spouse to retain his or her ownership in the business. Florida Courts will not require spouses to remain in business together when one or bothContinue reading “DIVISION OF BUSINESSES IN A FLORIDA DIVORCE”
Modification During Pendency of Appeal in Florida
Trial Court has jurisdiction over a petition for modification during the pendency of an appeal. “Both the Third and Fourth Districts have held that the trial court has jurisdiction over a petition for prospective downward modification of alimony and/or child support even while the appeal of an initial award of alimony and child support isContinue reading “Modification During Pendency of Appeal in Florida”
Failure to Exercise Visitation in Florida
Failure to exercise time-sharing results in an adjustment of child support. “We previously held that application of section 61.30(11(b) is mandatory. Seiberlich v. Wolf, 859 So. 2d 570, 571 (Fla. 5th DCA 2003). Florida law mandates a reduction in child support whenever the non-custodial parent spends a “substantial amount of time” with the child. §Continue reading “Failure to Exercise Visitation in Florida”
Date on Which the Child Support Award Modification Takes Place in Florida
Child Support Award Modification – Date on Which the Modification Takes Place in Florida When the court makes an allocated award for each child, the modification is retroactive to the date the child reaches majority, and pre-dates the filing of the modification petition. “Furthermore, when the issue is arrearages, the obligor is entitled to aContinue reading “Date on Which the Child Support Award Modification Takes Place in Florida”
Adultery in Alimony Cases in Florida
In making an alimony award, adultery and infidelity can only be considered by the trial judge when the adulterous conduct involves the dissipation of marital assets. In a case captioned Keyser v. Keyser, the parties were married for twenty-years. This is considered a long term marriage. When there is a long term marriage, there is an initial presumptionContinue reading “Adultery in Alimony Cases in Florida”
Alimony in Wellington and Palm Beach Gardens, Florida
In a recently decided alimony case captioned Jimenez v. Jimenez, the Florida Court of Appeal stated that in reaching a decision concerning alimony, a trial court is required to consider every one of the factors set forth in the Florida Statutes. In deciding whether or not to award alimony, a trial court is required to decide whether oneContinue reading “Alimony in Wellington and Palm Beach Gardens, Florida”
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