COVID-19 Information
A statute is effective on the date that it takes effect, unless it indicates that it is retrospective. "'A statute is not operative as law until the date at which it takes effect[.] and it operates prospectively unless the intent that it operate retrospectively is...
Bridge the Gap Alimony is appropriate where a lump sum award is reasonable and the payor has the ability to pay. "This type of alimony is designed 'to assist a spouse with any legitimate, identifiable, short-term need under circumstances where a lump sum award is...
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...
An order holding a party in civil contempt must recite the facts upon which the finding of present ability to pay is based. "An order holding a party in civil contempt must recite the facts upon which the finding of present ability to pay is based. Fla. Fam. L. R.P....
An order holding a party in civil contempt must recite the facts upon which the finding of present ability to pay is based. "An order holding a party in civil contempt must recite the facts upon which the finding of present ability to pay is based. Fla. Fam. L. R.P....
Alimony - Medical Expenses in FloridaIt is implicit within a final judgment that medical expenses for which payment is sought must be reasonable and necessary. "We agree with the husband that the wife had to prove that the transplant was reasonable and necessary. It...
Child Support Guidelines must be applied for temporary support purposes. "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...
In order to modify custody there must be an unanticipated, substantial and material change in circumstances, it must be in the child's best interests, and the trial court should consider the 61.13 factors. In Straney v. Floethe, the Florida Court of Appeal stated......
In order to modify custody there must be an unanticipated, substantial and material change in circumstances, it must be in the child's best interests, and the trial court should consider the 61.13 factors. "It is well established that an order modifying child custody...
Alimony - Standard of Living in FloridaMarital standard of living is not useful guide in awarding alimony where parties lived beyond their means "And, in this case, the marital standard of living was of little value in determining an appropriate alimony award as the...
