Under certain circumstances, Florida courts will award an unequal division of property and assets based upon the following factors: (i) each spouse’s contribution to the marriage, (ii) the length of the marriage, (iii) whether there was an interruption of either party’s career or educational opportunities, and (iv) a number of other factors.
Income will be imputed to an unemployed or an underemployed spouse in an alimony case in Florida when the spouse has the ability to earn more money than he or she is currently earning and is deliberately refusing to be employed at his or her higher earning capacity.
In making an alimony determination, a trial court is required look at all sources of income that are available to both parties. For purposes of determining alimony, income is considered to be any type of payment, regardless of the source.
A child custody and visitation case involving holiday timesharing was recently decided by the Florida Court of Appeal in a case captioned Glevis v. Glevis. The Florida Court of Appeal ruled that were both parties are awarded time-sharing, rotating holiday timesharing is required unless the trial court articulates a sound reason for the denial pf holiday time-sharing.
Modification of child custody & visitation in Florida was recently discussed in a case captioned Lewis v. Juliano. In this case, the Mother appealed an order that required her to provide the Father with her physical address as a precondition to...
A same-sex divorce case involving alimony, palimony and an oral cohabitation agreement was recently decided by the Florida Court of Appeal. The case was captioned Armao v. McKenney. During the course of the parties' relationship, the parties entered into an oral...
A Petition for alimony or termination of alimony may be filed by an alimony obligor based upon his or her actual retirement, under the new alimony reform bill that was recently introduced in the Florida House of Representatives. In order for there to be a...
In a Modification of Child Custody & Visitation proceeding, Courts are required to keep in mind the fact that a parent has a constitutionally protected right to a meaningful relationship with his or her children and timesharing privileges should not be denied to...
In a modification of child custody & visitation proceeding, there is no requirement that the change in circumstances be involuntary in order to modify time-sharing. In Wilks v. Cronin the Florida Court of Appeal recently stated: "The former husband, Brian Wilks,...
A Court is not bound by an agreement between the parties nor by opinions of experts concerning time-sharing. "It is undisputed, and should be indisputable, that a trial court's responsibility to the child cannot be abdicated to any parent, any expert. That heavy...