Florida Rulings Division of Marital Property and Marital Assets - Sale of Marital Home in Florida If a trial court orders the sale or refinance of the marital home, the court must fix a reasonable deadline for the sale or refinance. "The trial court awarded the former...
Alimony - Consideration of Debts in FloridaTrial court must consider all 61.08 factors, including pre-dissolution debts. "We reverse the trial court's award of $1,500 per month in permanent periodic alimony, and $18,000 in retroactive alimony, as we conclude that the...
Trial court is required to appoint a guardian ad litem to determine child's best interests. "For example, if paternity is contested, the child' s legitimacy is at issue, and the legal father has not had notice or an opportunity to be heard, the trial court is required...
When there is a custody dispute between a parent and a third party custody should only be denied to the natural parent when an award of custody to the natural parent would be detrimental to the child. "When the custody dispute is between a natural parent and a third...
A putative father seeking to avoid a paternity test can raise the Privette presumption. A putative father seeking to avoid a blood test may raise the presumption in the context of his privacy interest. See Privette, 617 So. 2d at 309 n.8 (Fla. 1993) ('By asserting a...
Department of Revenue in FloridaDepartment of Revenue (DOR) can file paternity action against both legal and biological fathers. "DOR's position is that it may file a paternity action against both the legal father and biological father, and that the issues of the best...