Matthew Lane & Associates, P.A.
Palm Beach Gardens, West Palm Beach And Wellington, Florida Offices 561-328-1095

August 2015 Archives

In a Divorce, what happens to gifts and inheritances from Parents

 In a division of property and assets case, gifts from your parents may end up belonging to your spouse if the proceeds are comingled with marital assets. In Dravis v. Dravis the Florida Court of Appeal recently stated that: Although non interspousal gifts and inheritances, like those from a parent, are usually treated as nonmarital assets, see ยง 61.075(6)(b)(2), this can change. Nonmarital assets may lose their nonmarital character and become marital assets where they are commingled with marital assets. This is especially true with respect to money because money is fungible, and once commingled it loses its separate character. Money loses its nonmarital character when it is commingled with marital money. Where gift proceeds are commingled with proceeds that are marital assets, the gifts may lose their nonmarital character and, as a matter of law, become marital assets subject to equitable distribution.

Modification of Child Custody & Visitation in Jupiter, Florida

In a modification of child custody and visitation proceeding, must the parties file Financial Affidavits.  In a modification of child custody and visitation proceeding that involves a modification of child support, it is mandatory to file financial affidavits. In Gilroy v. Gilroy, the Former Husband, sought review of the supplemental final judgment of dissolution of marriage that modified timesharing and child support based primarily on his relocation to Arizona. The Court of Appeal reversed the child support award based on the erroneous denial of the Former Husband's request for a continuance at the final hearing. The remainder of the supplemental final judgment was affirmed. The parties divorced in 2007. At that time, they entered into a mediation agreement that awarded the Wife primary residential responsibility over the parties' minor children with the Former Husband having significant timesharing. The agreement required the Former Husband to pay monthly child support. The Former Husband filed a supplemental petition for modification of child support. In 2012, the parties entered into another agreement in which child support was modified so that the Former Husband paid nothing.

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

Phone: 561-328-1095
Fax: (561) 472-1568
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Wellington Office
Wellington Reserve
1035 South State Road 7
Suite 315
Wellington, Florida 33414

Phone: 561-328-1095
Fax: (561) 472-1568
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West Palm Beach Office
Phillips Point
777 South Flagler Drive
Suite 800
West Palm Beach, Florida 33401

Phone: 561-328-1095
Fax: (561) 472-1568
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Boca Raton Office
One Boca Place
2255 Glades Road
Suite 324A
Boca Raton, Florida 33431

Phone: 561-328-1095
Fax: (561) 472-1568
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