An obligee has the burden of demonstrating that the obligor failed to comply with a court order, the burden of proof then shifts to the obligor to demonstrate that the obligor no longer has the ability to pay. "'In a civil contempt proceeding for failure to pay . . ....
Month: February 2013
Relocation – Change of Parent’s Residence in Florida
Relocation RulingsRelocation is a change in the location of the principal residence of a parent from his principal place of residence at the time of the last order related to time-sharing, or at the time of filing the pending action to establish or modify time-sharing...
Permanent Alimony – Standard of Living in Florida
Disparity in income alone does not justify an award of permanent periodic alimony. "This court has recognized that '[d]isparity in income alone does not justify an award of permanent periodic alimony' and that '[a]n award of permanent alimony is improper where the...
Child Support – Income of Parents in Florida
The income of the parents, not the income of the caregiver, is to be used when calculating child support "Thus, it is evident that the income of the parents-not the income of the caregiver-is to be used when calculating the child support guidelines under chapter 409."...
Child Support – Agreements between the parties in Florida
Child SupportA Court is not bound by an agreement between the parties concerning child support. "It is undisputed, and should be indisputable, that a trial court's responsibility to the child cannot be abdicated to any parent, any expert. That heavy responsibility...
Child Custody & Visitation – Marital Settlement Agreements in Florida
The trial court may disregard the parent's agreed upon time-sharing agreement, if it is not in the best interests of the children. "Prior to entry of the final judgment, the former wife filed a motion to set aside the MSA and parenting plan, alleging that the MSA was...
Child Custody Decisions & Visitation in Florida
A Court is not bound by an agreement between the parties nor by opinions of experts concerning time-sharing. "It is undisputed, and should be indisputable, that a trial court's responsibility to the child cannot be abdicated to any parent, any expert. That heavy...
Alimony’s Intent – Standard of Living in Florida
Alimony is not intended to fund the enjoyment of every luxury enjoyed before the divorce. "Her alleged needs included the purchase of clothing, a personal trainer, daily maid service, flowers, gifts, club dues and charges, vacations, beauty salon, and spa...Alimony is...
Alimony Award – Imputation of Income in Florida
Alimony Award Income FactorThe amount of income a spouse may be able to earn is a factor the court should consider in determining an alimony award. "'As to the imputation of income to the wife, the amount of income a spouse may be able to earn is a factor the court...
Alimony – Imputation of Subsidized Income in Florida
Can impute income to a spouse whose expenses are being paid by another. "The former husband also complains about the trial court's imputation of income to him. We find no error in the trial court's decision to impute income to the former husband because he was living...