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.
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
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.
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.
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.
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.
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.