Agreements:
Khan v. Khan, 37 FLW D120 (Fla. 4th DCA 2012). Trial court reversed for striking notice of hearing for temporary relief based on allegation Wife waived alimony and fees in a MSA she signed previously in a divorce that was dismissed. Against public policy to waive temporary alimony and fees.
Alimony:
Bryne v. Bryne, 37 FLW D190 (Fla. 3rd DCA 2012). Judgment of alimony reversed when trial court failed to consider parties pre-dissolution liabilities, Husband’s income producing retirement account ad Wife’s loss of $10,000 in wages just before the trial.
Appeals:
Messier v. Martin-Messier, 37 FLW D1 (Fla. 3rd DCA 2011). Motion for rehearing did not toll time to file appeal of an order denying 1.540 motion. Motion for rehearing directed at non-final order does not toll time for appeal.
Attorneys’ Fees:
Leon v. Velazquez, 37 FLW D177 (Fla. 3rd DCA 2012). Order awarding temporary fees reversed and remanded when order lacked findings of fact as the Husband’s ability and Wife’s need.
Luke v. Luke, 37 FLW D69 (Fla. 1st DCA 2012). Order of fees reversed for failure to include findings as to reasonableness of rate and hours.
Equitable Distribution:
Robertson v. Robertson, 37 FLW D197 (Fla. 5th DCA 2012). Trial court’s judgment finding no active appreciation in pre-marital website reversed when Wife sought continuance because out of state expert was unavailable and trial court refused to let expert provide rebuttal testimony by phone Trial court should have found a way to accommodate the Wife.
Bryne v. Bryne, 37 FLW D190 (Fla. 3rd DCA 2012). Final judgment awarding house with negative equity to Wife and other assets to Husband reversed as it was not an equal distribution. Trial Court assumed incorrectly negative value would vanish if foreclosed upon. Absent contractual agreement, debtors liable for deficiency not satisfied in foreclosure sale.
Imputation of Income:
Middleton v. Middleton, 37 FLW D105 (Fla. 5th DCA 2012). Trial court reversed for failing to impute income to the Wife because the Husband’s expert could not place Wife in a job. Trial Court should have considered Wife’s work history, occupational qualifications and prevailing earnings in the community.
Misc:
Mollinea v. Diaz, 37 FLW D151 (Fl. 1st DCA 2012). Order denying credits because issue previously decided was reversed when order denying previous issue had been vacated.
Modification:
Koslowski v. Koslowski, 37 FLW D66 (Fla. 1st DCA 2011). Trial court affirmed for increasing and extending child support that is incompetent and suffers seizure disorder for respite care.
Knight v. Nabinger, 37 FLW D61 (Fla. 1st DCA 2011). Trial court erred in offsetting child support for adoption subsidy. Former Wife received for adopted child when there was no off set in original final judgment.
Galligar v. Galligar, 37 FLW D58 (Fla. 1st DCA 2011). Trial court reversed when it only modified Former Husband’s alimony obligation down to $3,500 per month. While Court may consider net worth, past earnings and capital assets, Court cannot require Former Husband to incur indebtedness and deplete assets to pay alimony.
Parenting:
TMH v. DMT, 37 FLW D4 (Fla. 5th DCA 2011). Trial court reversed for ruling lesbian women who donated ova to lesbian partner and raised child together was deprived of parental rights pursuant to section 742.14, Florida Statutes. 5th DCA found statute unconstitutional and certifies conflict.
Paternity:
DOR v. Iglesias, 37 FLW D160 (Fla. 4th DCA 2012). Order dismissing paternity suit filed by alleged biological father against intact married couple remanded for determination, in light of fact that the child’s legitimacy remain will remain intact, whether it would be in best interest of child to allow DOR to pursue paternity action. Order dismissing contained no findings of fact and was not an evidentiary hearing.
DOR v. GAT, 37 FLW D28 (Fla. 2nd DCA 2011). Trial court reversed for entering order disestablishing paternity because Mother did not produce child for DNA testing. Remanded to determine if failure to submit to testing was willful.
Procedure:
Ross v. Ross, 37 FLW D131 (Fla. 4th DCA 2012). Trial Court reversed for continuing to preside over case after granting motion for recusal.
In Re: Rules of Family Law Pro, 37 FLE S36 (Fla. 2012). Rules clarify parties are not to file financial documents with things such as notice of compliance with mandatory disclosure.
Relocation:
Schell v. Schell, 37 FLW D200 (Fla 5th DCA 2012). Trial court’s order allowing relocation affirmed when there was no transcript and no errors on face of the judgment.
