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An action to set aside a judgment of adoption must be filed w/in one year after entry of the judgment. "Two years later, the biological mother moved to vacate the court's judgment, arguing the adoptive parents fraudulently obtained her consent. The adoptive parents...
Payment to an employee to honor a covenant not to compete is not payment for past services, and should not be treated as a marital asset. In DeMont v. DeMont, the Florida Court of Appeal stated... "Third, in no reasonable way can the non-compete/non-solicit...
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...
Child Custody And Visitation - Domestic violence in Florida. Domestic violence in Florida encompasses emotional abuse. In Orta v. Suarez, the Florida Court of Appeal stated... "However domestic abuse can occur in many ways, physical violence being only one....
Child Custody & Visitation - Domestic violence in FloridaDomestic violence in Florida encompasses emotional abuse. In Orta v. Suarez, the Florida Court of Appeal stated... "However domestic abuse can occur in many ways, physical violence being only one....
Parent seeking relocation in Florida has burden of demonstrating that relocation is in child's best interests, and if that burden is met, the burden shifts to the non relocating parent to demonstrate that the relocation is not in the child's best interests. In Orta v....
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...
Enforcement - Contempt of Court in FloridaIf a party has a good faith basis to questions whether payments are required, contempt of court is not the appropriate remedy. An order requiring payment is the more appropriate course of action. "Because the husband had a...
Division of Marital Property and Marital Assets - Marital Settlement Agreements in Florida.The burden of proof is on the party claiming that part of a marital asset has a nonmarital component. In Konz v. Konz, the Florida Court of Appeal stated... "The burden of proof...
