Family Law Blog

Default Judgments In Florida

In a child custody proceeding, a judgment can be issued against a party who fails to appear at a final hearing. However, the party failing to appear can challenge the proceeding under Rule 1.540(b). “This case, however, was not decided upon a default but upon a full hearing with witnesses and substantial evidence. The mother simply failed to show up at the hearing. She did not move to vacate the proceedings pursuant to Florida Rule of Civil Procedure 1.540(b) and has offered no reason, either in the trial court or in this court, as to why she absented herself from the hearing after receiving notice… This would be contrary to the best interest of the child. A parent should have the right to move to vacate a final custody judgment on the grounds allowed by Rule 1.540(b). At the hearing on the Rule 1.540(b) motion, the court may consider the absent party’ s grounds for failing to appear and hear any evidence that the party may have that would involve the party’s “meritorious defense” to the proceedings. See Webber v. Novelli, 756 So. 2d 164,165-66 (Fla. 4th DCA 2000) (noting that the trial court held an evidentiary hearing on the mother’s failure to attend). See also Elliott v. Aurora Loan Servs.,LLC,3l So. 3d 304,307 (Fla. 4thDCA 2010) (stating that to set aside judgment, the trial court must find that the movant has demonstrated excusable neglect, a meritorious defense, and due diligence in seeking relief).” Denker v. Denker 

Alimony – Income derived from an IRA

Income that can be derived from an IRA can be utilized to determine ability to pay. “The wife challenges the trial court’s inclusion of IRA income in its determination of her ability to support herself. She contends that the court erred as a matter of law in concluding that income from her IRAs and annuities could be imputed to her. We hold, however, that income from an IRA through a Regulation 72(t) withdrawal plan can be imputed to a spouse for purposes of determining an alimony obliga tion where the court can reasonably conclude that the principal of the IRA will not be invaded for the purpose of support…Taking these provisions together, a court must consider the financial resources distributed to the parties through the dissolution and all sources of income available, which includes payments available from annuities and retirement benefits. In this case that includes the income available from the IRAs and annuities… ‘A court should impute income that could reasonably be projected on a former spouse’s liquid assets.’… We would further note that our decision can work both ways. In a proper case, the court could consider income available to the paying spouse when determining an ability to pay alimony. In a case where a spouse may be claiming a reduction in earned income but with substantial IRA or other retirement plans, a court could impute income to a paying spouse pursuant to a 72(t) plan in order to assure that a spouse’s alimony needs are met.” Niederman v. Niederman

Retroactive Alimony – Prejudgment Interest

If a party obtains an award of retroactive alimony, that party may also obtain prejudgment interest on the award. “Also, the Wife is entitled to prejudgment interest on the alimony arrearage owed by the Husband. See Burkley v. Burkley, 911 So. 2d 262, 271 (Fla. 5th DCA 2005) (“[T]he court…would err by declining to award prejudgment interest for arrearages. Courts must award prejudgment interest on arrearages found to be due in the final judgment.”); see also Miller v. Miller, 679 So. 2d 858, 858 (Fla. 1st DCA 1996) Gremel v. Gremel

Understanding Retroactive Alimony and Prejudgment Interest in High-Net-Worth Cases

Retroactive alimony allows a spouse to recover support starting from when the legal right first arose, often the date the divorce petition was filed. In high-net-worth cases, these retroactive amounts can be significant.

Courts weigh factors like income disparity, marital lifestyle, and financial need. This process requires precise calculation and expert knowledge to fairly assess support where complex income streams are involved.

Unallocated Alimony in Florida

An unallocated/undifferentiated award must differentiate between child support and alimony so that a reviewing court can determine if the support guidelines were followed. “A support award that fails to differentiate between child support and alimony is improper because it renders the appellate court unable to determine whether the trial court applied the statutory child support guidelines set forth in section 61.30. Blum v. Blum, 769 So. 2d 1142, 1143 (Fla. 4th DCA 2000). Those guidelines must be applied, even for temporary support purposes. Burkhart v. Burkhart, 620 So. 2d 225, 226 (Fla. 1st DCA 1993).” Nilsen v. Nilsen

Clear Differentiation of Support Awards in Florida Family Law

Florida law requires that support awards be properly allocated so that courts and reviewing bodies can accurately assess compliance with statutory guidelines. Failure to make this distinction can lead to complications in enforcement, appeals, and future modifications.

Key Issues with Unallocated Alimony Awards

• Statutory Compliance: Courts must apply the child support guidelines precisely, even when issuing temporary or unallocated support orders.
• Appellate Review: Properly differentiating child support from alimony allows appellate courts to evaluate whether the trial court followed legal standards.
• Enforcement Clarity: Clear allocations prevent confusion for both parties and make sure that each obligation, child support and alimony, is appropriately enforced.
• Modification Considerations: Distinguishing support types affect the ability to modify awards later and impact financial planning for families.
• High-Net-Worth Family Law Complexity: Unallocated awards can be especially problematic in cases involving significant assets or complex financial situations.
• Legal Precision: Our attorneys emphasize precise legal drafting and thorough advocacy to avoid improper or unclear support orders.
• Protecting Client Interests: Lane Law Firm works diligently to guarantee support awards reflect the client’s financial realities and comply with Florida law.

The Importance of Proper Support Allocation and Its Impact on Modifications

Properly allocating support between child support and alimony is vital for long-term clarity and enforceability. Unallocated awards can make modifying one component without affecting the other difficult, leading to costly disputes.

Exposure To The Religious Practices Of Both Parents In Florida

Child Custody & Visitation – Exposure to the Religious Practices of Both Parents in Florida Children may be exposed to the religious practices of both parents. “The parties disagree regarding the religious upbringing of the children. The mother wishes to raise the children in the Catholic faith, which is inconsistent with the father’s beliefs, or according to the mother, his lack thereof.

Without a showing of harm to the children, the court should not infringe on either parent’s free exercise of his or her religious beliefs. Mesa v. Mesa, 652 So. 2d 456,457 (Fla. 4th DCA 1995). The court should not preclude either party from exposing the children to his or her religious practices absent a clear, affirmative showing that the religious activities are harmful to the children.” Winters v. Brown

Understanding Parental Rights and Religious Exposure in Florida Custody Cases

When parents with different religious beliefs share custody, questions often arise about how much influence each parent can have over the child's religious upbringing. Florida courts respect the constitutional right of each parent to practice their religion and share those beliefs with their children.

Child Support – Retroactive Child Support in Florida

If the obligor fails to demonstrate his or her income during the retroactive period, the Court shall apply the current child support guidelines to calculate retroactive child support payments. “In addition, the ALJ erred in using Finch’s current monthly income to compute the retroactive support obligation.

The use of current income is permissible when the obligor fails to demonstrate his or her actual income during the retroactive period. See § 61.30(17)(a), Fla. Stat. (2011) (providing that the ‘[f]ailure of the obligor to… demon­strate [his or her actual income] shall result in the court using the obligor’s income at the time of the hearing in computing child support for the retroactive period’).” Finch v. Dep’t of Revenue o/b/o John-Jules 

Strategic Support for Retroactive Child Support Disputes

Retroactive child support can create major financial stress if not handled properly. When income records are missing or incomplete, courts apply current income levels to determine past obligations. This often leads to higher support payments than expected.

Rehabilitative Alimony in Florida

(ix) An award of rehabilitative alimony must provide an end date for the payments. “Although the final judgment awards the Former Wife $3500 a month as rehabilitative alimony and states that the purpose was for the Former Wife to complete her education, the trial court did not provide an end date for the payments. The Former Husband argues that such an open-ended award is erroneous, and we agree. Draulans v. Draulans

Strategic Guidance for Rehabilitative Alimony Cases

Tackling rehabilitative alimony requires a clear understanding of Florida's legal framework and a strategic approach to protect your financial interests. Lane Law Firm focuses on representing clients involved in high-net-worth and high-asset divorces. Our firm builds tailored legal strategies to handle the challenges of rehabilitative alimony. We work to protect your rights and assets throughout the divorce process.

Rehabilitative alimony in Florida supports a spouse in becoming self-sufficient through education, training, or work experience. This form of alimony requires a specific and defined rehabilitative plan, as mandated by Florida Statutes § 61.08(7)(b).

Effect of Market Conditions on Investments in Florida

Navigating the Impact of Market Conditions on Investments in Divorce Proceedings

Market fluctuations can significantly affect the value of investments subject to equitable distribution in divorce proceedings. The Lane Law Firm understands that even when investment values decline due to market conditions, court orders require that the dollar amount owed remains consistent.

This legal principle can create complex challenges for clients, especially in high-net-worth divorces involving substantial assets and investment portfolios.

Key Considerations in Investment Distribution During Divorce

• Fixed Dollar Obligations: Courts require the party responsible for the distribution to pay the agreed-upon amount regardless of market losses, which can strain liquidity and financial planning.
• Asset Valuation Timing: The value of investments is typically determined as of a specific date, but market volatility after that date does not reduce obligations.
• Financial Planning Expertise: We collaborate with financial professionals to assess the true impact of market changes on your assets and develop strategic approaches to meet court-ordered distributions.
• Alternative Funding Solutions: When investment values drop, clients may need to utilize other financial resources to fulfil equitable distribution requirements without jeopardizing their financial stability.
• Tax Implications: Dividing investments has tax consequences that must be carefully considered to optimize financial outcomes for both parties.
• Risk Management: We help clients anticipate and mitigate risks associated with market downturns during and after divorce settlements.
• Negotiation and Litigation: We vigorously advocate for fair treatment of investment assets, whether through negotiation or in court, taking current market conditions into account.

Strategies to Manage Investment Risk and Protect Your Interests in Divorce

Market volatility introduces uncertainty in the division of investment assets during divorce. Effective management of this risk is crucial to preserve your financial stability.

Permanent & Rehabilitative Alimony in Florida

The remedies employed by the trial court should be viewed as a whole to determine whether they accomplish equity between the parties. “A trial court has broad discretion in determining which remedy to apply to accomplish equity between the parties in a dissolution proceeding. See Canakaris v. Canakaris, 382 So. 2d 1197, 1202 (Fla. 1980).

Such remedies include lump sum alimony, permanent periodic alimony, rehabilitative alimony, child support, special equity in property, and the award of exclusive possession of property. Id. at 1202. In reviewing an order of dissolution, the remedies employed by the judge to accomplish equity between the parties should be reviewed as a whole since they are ‘interrelated’ and ‘part of one overall scheme.’ Id.” Sellers v. Sellers

Understand Your Alimony Options Before You Go to Court

Florida courts award alimony based on what is fair, not just what is requested. Permanent alimony supports one spouse for life, usually when one person cannot maintain their lifestyle after divorce due to age, health, or long-term absence from the workforce.

Alimony – Findings of Fact Regarding Short Term Marriage in Florida

In awarding alimony, a trial court must make findings of fact for each factor, even if alimony is denied. “Here, the court simply denied the Former Wife’s request for alimony because the Former Husband was going to make an equalizing payment and this was a short-term marriage. However, the trial court did not address all of the appropriate factors required by the 2009 statute.” Witt v. Witt.

Comprehensive Alimony Representation for Short-Term Marriages

Florida law mandates that trial courts make detailed findings of fact on all relevant factors when awarding or denying alimony. Failure to address these factors can affect the fairness of the outcome, particularly in cases involving significant assets or equalizing payments.

Important Considerations in Alimony for Short-Term Marriages

• Statutory Factors Compliance: Courts must consider various factors such as the duration of the marriage, financial resources, and contributions of each spouse, even if alimony is ultimately denied.
• Equalizing Payments: In some cases, lump-sum or equalizing payments may replace ongoing alimony, but courts must still evaluate all relevant circumstances.
• Short-Term Marriage Challenges: Short-term marriages often involve fewer financial entanglements, yet careful legal evaluation is necessary to protect your rights.
• High-Net-Worth Implications: Even in short marriages, when substantial assets exist, alimony determinations can become complex and require expert legal guidance.
• Trial Court Findings: Detailed findings of fact are important to support or contest alimony awards and are mandatory if an appeal is necessary.
• Customized Legal Strategies: Our attorneys craft tailored approaches to advocate for or defend against alimony claims based on the specific facts of your case.
• Protecting Your Financial Interests: No matter if pursuing alimony or defending against a claim, we make sure that your financial future is safeguarded through strategic representation.

Factors That Influence Alimony Decisions in Short-Term Marriages

When courts consider alimony in short-term marriages, they evaluate multiple factors beyond just the marriage duration. These include the financial needs and earning capacities of both spouses, the standard of living established during the marriage, and any contributions made by each party to the marriage or to the other’s career.