Matthew Lane & Associates, P.A.

September 2014 Archives

Jupiter, Florida - Paternity Lawyer

In a paternity case and in a marital case, a temporary domestic violence injunction may be extended during a continuance of a hearing, however, the statute does not provide for the issuance of a series of temporary injunctions. In Prior v. Prior, the Florida Court of Appeal recently stated: 

Florida Paternity Attorney - Boynton Beach, FL

In a paternity case and in a child support matter, a contempt of court order must contain findings that: (i) a prior order was entered, (ii) the payor failed to pay part or all of the support ordered, (iii) the contemnor had the present ability to pay support, and (iv) that the alleged contemnor willfully failed to comply with the prior court order. In Napoli v. Napoli, the Florida Court of Appeal recently stated: 

Division of Property and Assets in Wellington, FL

With respect to a division of property and assets, where a party inherits assets and they are placed into an account where they are commingled and are not traceable, it is presumed that a gift is intended and they are considered to be a marital asset. In Sorgen v. Sorgen the Florida court of Appeal recently stated: "We agree with the husband's argument that, because the proceeds from the sale of the home ultimately were commingled into the parties' joint account, the wife's one-third interest in the proceeds from the sale of the home became a marital asset subject to equitable distribution. 'In evaluating assets that come to one spouse by inheritance, the task for the trial court in a dissolution proceeding is to determine whether the recipient intended that the assets remain non-marital or whether the recipient's conduct during the marriage gives rise to the presumption of a gift to the other spouse." Lakin v. Lakin, 901 So. 2d 186,190 (Fla. 4th DCA 2005).

Modification of Alimony in North Palm Beach, Florida

In a modification of alimony proceeding, where the marital settlement agreement indicates that alimony is not modifiable, except under certain circumstances, absent the occurrence of those described circumstance, alimony will be non modifiable. In Elbaum v. Elbaum, the Florida Court of Appeal recently stated: "Robert Elbaum appeals from a final order dismissing with prejudice his petition to terminate or modify his alimony obligations. We affirm because the marital settlement agreement unambiguously limited the ability to modify alimony to specific situations not raised in the petition...[T]his case is nearly identical to that confronted in Smith v. Smith, 110 So. 3d 108 (Fla. 4th DCA 2013). In Smith, the parties' marital settlement agreement provided: 

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