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December 2013 Archives

Alimony in Palm Beach Gardens, Florida

In awarding alimony, the trial court must make factual findings concerning all ten of the statutory alimony factors in order to avoid reversible error. In Patino v. Patino, the Fourth District Court of Appeal recently stated: "We again remind trial judges of the importance of making explicit findings as to all statutorily mandated factors for the determination of alimony in final judgments, as well as establishing a value (even if zero or de minimus) for all marital assets and liabilities when devising an equitable distribution scheme. 

Divorce in Wellington, Florida - Alimony

Automatic changes in alimony are disfavored, however, they may be appropriate upon specifically articulated changes in circumstances. In Voda v. Voda, the Florida Court of Appeal recently stated: "Karen Voda (Former Wife) filed for dissolution of marriage from John Voda (Former Husband) in 2009; the trial court equitably distributed the assets and awarded Former Wife permanent, periodic alimony 

Alimony in West Palm Beach, Florida - Life insurance

In assessing alimony in a Florida divorce proceeding, if a court requires a spouse to maintain life insurance to cover the alimony obligation, the court must make specific findings that life insurance is available, how much it will cost, and the impact of that this cost will have on the obligor. The amount of insurance must not exceed the support obligation.

Divorce in Wellington, Florida Private School Tuition

In a divorce action in Florida, private school tuition will be awarded as an incident of child support if the parties have the ability to pay for private school tuition, the expense is in accordance with parties' standard of living, and private school is found to be in children's best interests. In a recent Florida Court of Appeal decision captioned Brennan v. Brennan, the Florida Court of Appeals dealt with this issue. 

Child Custody and Visitation in West Palm Beach, FL

In a child custody and visitation proceeding, a guardian ad litem may not examine witnesses in depositions and in trials. In Millen v. Millen, the Florida Court of Appeal recently stated: "The Millens married on September 11, 2003, in London, England. They later returned to the United States and resided in Florida. By June of 2010, the marriage had begun to unravel. The husband filed for divorce on September 9, 2010. The dissolution of marriage trial commenced July 16, 2012. The guardian ad litem, a psychologist appointed to represent the parties' minor child, requested the trial court's permission to ask witnesses questions at trial.

Divorce - Palm Beach Gardens, Florida - Imputation of Income

In a divorce proceeding, the party attempting to impute income, bears the burden of proof to provide competent substantial evidence. In Cash v. Cash the Florida Court of Appeal recently stated: "In the supplemental final judgment the court did not impute income to the former wife, finding that "the evidence was insufficient.

Divorce in Wellington, Florida - Award of Attorney's Fees

In a divorce proceeding, notwithstanding the lack of reservation of jurisdiction to enforce a charging lien, the trial court retains jurisdiction to enforce a charging lien where the trial court reserves jurisdiction to award fees. In Card v. Card, 38 Fla. L. Weekly D2015, 2016 (Fla. 2d DCA September 20, 2013), the Florida Court of Appeal recently stated: "Counsel for the Former Wife also argues that the trial court erred by not reserving jurisdiction in the amended final judgment to address his timely filed charging lien.

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Palm Beach Gardens Office
The Financial Center at the Gardens
3801 PGA Boulevard
Suite 600
Palm Beach Gardens, Florida 33410

Toll Free: 800-411-3434
Phone: 407-917-5005
Phone: (561) 328-1111
Fax: (561) 472-1568
Map & Directions

Wellington Office
Wellington Reserve
1035 South State Road 7
Suite 315
Wellington, Florida 33414

Toll Free: 800-411-3434
Phone: 407-917-5005
Fax: (561) 472-1568
Map & Directions

West Palm Beach Office
Phillips Point
777 South Flagler Drive
Suite 800
West Palm Beach, Florida 33401

Toll Free: 800-411-3434
Phone: 407-917-5005
Fax: (561) 472-1568
Map & Directions

Boca Raton Office
One Boca Place
2255 Glades Road
Suite 324A
Boca Raton, Florida 33431

Toll Free: 800-411-3434
Phone: 407-917-5005
Fax: (561) 472-1568
Map & Directions