Matthew Lane & Associates, P.A.

August 2013 Archives

Paternity Unwed/Unmarried Parents Martin County

In an adoption case involving unwed/unmarried parents, a putative father, who does not comply with the requirements of section 63.062(2), is deemed to have waived and surrendered any rights in relation to the child. "Sections 63.062(2)(b) & (3)(a) delineate the steps that a putative father must take to legally recognize a child and preserve his parental rights. Within 30 days of receipt of service of a notice of intended adoption plan, the putative father must: (1) file a claim of paternity with the Florida Putative Father Registry; (2) file a verified response with the court stating that he is personally fully able and willing to take responsibility for the child, setting forth his plans for care of the child, and agreeing to a court order of child support; and (3) provide support for the birth mother and child. ยง 63.062(2)(b), (3)(a), Fla. Stat. (2012). 

Division of Property and Assets Wellington, Florida

For the division of property and assets in a divorce proceeding, gross receipts are an insufficient basis for the valuation of a corporation. In a recent case styled Mansour v. Mansour, the Florida Court of Appeals stated that: "At the hearing on the contempt motion, all agreed that Mr. Mansour did not receive proper notice. Nevertheless, the trial court proceeded and found Mr. Mansour in indirect civil contempt. It also set a purge amount without imposing a coercive sanction that the purge would remove. The trial court ordered Mr. Mansour to pay $25,000 within four weeks. It made no finding as to notice, either orally or in the written order, as rule 12.615(c) requires. 

Division of Property and Assets Palm Beach Gardens

In the division of property and assets in a divorce proceeding; when marital misconduct results in the dissipation of marital assets, the court can award an unequal distribution of marital assets or may assign the depleted portion of an asset to the dissipating spouse.  In Lopez v. Lopez, the Florida Court of Appeal stated that:  "As a general proposition, it is error to include assets in an equitable distribution scheme that have been diminished or dissipated during the dissolution proceedings.

Alimony in Palm Beach Gardens, FL

In Florida, alimony is based on net income, not gross income. In Kingsbury v. Kingsbury the Florida Court of Appeal stated that in a divorce proceeding: "The ability to pay alimony should be based on the party's net income. See Vanzant v. Vanzant, 82 So. 3d 991,993 (Fla. 1st DCA 2011) (holding that trial court erred by using figures that represented gross income rather than net income); Vega v. Vega, 877 So. 2d 882, 883 (Fla. 3d DCA 2004) (noting that former spouse's argument that the award should be based on gross income rather than net income was incorrect because "[i]n reality, the case law states that net income is the relevant benchmark") (citing Canakaris v. Canakaris, 382 So.2d 1197,1202 (Fla. 1980);

Florida Alimony Reform - Wellington, FL - Palm Beach Gardens, FL

On May 1, 2013, Governor Rick Scott vetoed Florida Alimony Reform Bill, SB718. Florida Senator Kelli Stargell and Florida Representative Ritch Workman have indicated that they intend to reintroduce alimony reform legislation in the 2014 session of the Florida Legislature. Senator Kelli Stargell and Florida Representative Ritch Workman stated that they will work with fellow legislators and Governor Scott in an attempt to pass reform legislation in the upcoming session of the Florida Legislature.

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' two children and gave their birthdates. Addressing child support, the judgment provided: 6. Beginning on the day following closing of sale of the marital home, husband shall pay wife $3,500 per month child support. Such payment shall continue on the corresponding day of each successive month thereafter so long as wife continues to be primary residential parent for two children who have not become 18, married, or self-supporting, whichever soonest shall occur. 

Child Relocation Palm Beach Gardens

In a child relocation proceeding, the court may only order temporary relocation where the relocating parent files and serves a petition. In Milton v. Milton, the Florida Court of Appeal stated that: "This Court reviews relocation determinations for abuse of discretion; however, the question of whether the trial court properly applied the relocation statute is a matter of law, reviewed de novo. Raulerson v. Wright, 60 So. 3d 487, 489 (Fla. 1st DCA 2011). Here, Mr. Milton relies on section 61.13001, Florida Statutes, and Raulerson, to assert that because Mrs. Milton did not comply with section 61.13001, the trial court erred in permitting the child's relocation, even if temporary. 

Division of Property And Assets Wellington, FL

In effectuating a division of property and assets in a divorce proceeding in Florida, enterprise goodwill represents the tendency of customers to return to a business regardless of the reputation of a person who works at the business. Personal goodwill is attributable to the reputation and continued participation of an individual who works at the business. The Florida Court of Appeals recently addressed this issue in Schmidt v. Schmidt

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