The standard of review for child relocation cases is abuse of discretion. “This court reviews a trial court’s decision on a petition to relocate for an abuse of discretion. See Botterbusch v. Botterbusch, 851 So. 2d 903, 904 (Fla. 4th DCA 2003).” Rossman v. Profera.
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Author Archives: Matthew Lane
Divorce Child Support Modification – Martin County, FL
In a divorce proceeding involving the modification of child support, 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. In Gilbert v. Cole, the Florida Court of Appeal stated that: “The final dissolution judgment named the parties’ twoContinue reading “Divorce Child Support Modification – Martin County, FL”
Disestablishment of Paternity in Florida
In order for a putative father to be precluded from challenging a paternity determination based upon the conduct specified in Fla. Stat. § 742.18(3), he must know that he is not the child’s father and engage in the conduct specified in Fla. Stat. § 742.18(3). “Although there was evidence to support the finding that theContinue reading “Disestablishment of Paternity in Florida”
WHO GETS TO KEEP THE FAMILY PET IN A DIVORCE?
In Florida, pets are considered to be personal property. In the event that a pet was owned by one of the parties prior to the marriage, that party will be entitled to keep the pet. In the event that the pet was acquired by the parties during the course of the marriage, the pet willContinue reading “WHO GETS TO KEEP THE FAMILY PET IN A DIVORCE?”
When Will Modification of Alimony Be Granted in Florida?
The parties married in 1970 and were divorced in 2004. When the divorce was granted the husband had a good job in Louisiana. The court awarded alimony payments which were approximately thirty-five percent of this gross income. When he was over sixty years of age, the husband became unemployed. He looked for a job withoutContinue reading “When Will Modification of Alimony Be Granted in Florida?”
WHEN WILL FLORIDA RECOGNIZE A DIVORCE DECREE FROM ANOTHER COUNTRY?
A divorce decree from a foreign country will be enforced by a Florida Court when: (i) the parties were given sufficient notice and an opportunity to be heard at the divorce hearing, (ii) the foreign court had jurisdiction, and (iii) the divorce decree does not offend the public policy of the State of Florida. The law ofContinue reading “WHEN WILL FLORIDA RECOGNIZE A DIVORCE DECREE FROM ANOTHER COUNTRY?”
Psychological Evaluations in Child Custody Cases in Florida
A parent involved in a child custody and visitation dispute may be required to submit to a psychological evaluation when his or her mental condition is in controversy and good cause is shown for the examination. Seeking custody and visitation, in and of itself, does not put a parent’s psychological condition in controversy. The parent requesting thatContinue reading “Psychological Evaluations in Child Custody Cases in Florida”
WHAT IS THE AGE OF RETIREMENT FOR PURPOSES OF ALIMONY IN FLORIDA?
In order to determine whether a voluntary retirement is reasonable, Florida trial courts are required to consider the age of the payor, the payor’s health, and the payor’s motivation for retirement. Additionally, Florida trial courts are required to consider the type of work that is performed by the payor and the age at which otherContinue reading “WHAT IS THE AGE OF RETIREMENT FOR PURPOSES OF ALIMONY IN FLORIDA?”
WHAT IS CONSIDERED MARITAL PROPERTY & NONMARITAL PROPERTY IN A FLORIDA DIVORCE
A division of property and assets case was recently decided by the Florida Court of Appeal in a case captioned Hamilton v. Hamilton. In this case, the husband appealed the Final Judgment of Dissolution of Marriage based upon the fact that the trial court awarded an unequal division of the parties’ assets to the wife. TheContinue reading “WHAT IS CONSIDERED MARITAL PROPERTY & NONMARITAL PROPERTY IN A FLORIDA DIVORCE”
ARE ASSETS THAT NO LONGER EXIST INCLUDED IN A DIVISION OF PROPERTY IN FLORIDA?
In a division of property and assets case captioned Roth v. Roth the parties were married for twenty-nine years. The Former Husband was seventy-four, and the Former Wife was fifty-eight. Both had high school educations, and both worked in the automotive industry. The Former Husband was in a car accident and suffered injuries. The parties filed a personal injuryContinue reading “ARE ASSETS THAT NO LONGER EXIST INCLUDED IN A DIVISION OF PROPERTY IN FLORIDA?”
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