Alimony: Elbaum v. Elbaum, 37 Fla. L. Weekly D1129 (Fla. 4th DCA 2012).  Trial Court reversed for requiring husband to secure alimony with life insurance without findings as to availability, cost, obligor’s ability to pay and special circumstances that warrant security. Franks v. Franks, 37 Fla. L. Weekly D1095 (Fla. 1st DCA 2012).   Trial Court reversed for granting 36 months of bridge-the-gap alimony.  Statute allows 24 months. Appeals: Hentze v. Hentze, 37 Fla. L. Weekly D1054 (Fla. 1st DCA 2012).  “Law of the case doctrine” does not apply to trial orders.  Only applies to issues decided on appeal. Attorneys’ Fees: Giovanini v. Giovanini, 37 Fla. L. Weekly D1153 (Fla. 1st DCA 2012).  Trial Court reversed for awarding attorneys’ fees without evidentiary hearing and appropriate findings of fact. Franks v. Franks, 37 Fla. L. Weekly D1095 (Fla. 1st DCA 2012).  Trial Court’s denial of attorneys’ fees affirmed when former wife only requested fees … [Read more...]

General Case Law: O’Shea v. O’Shea, 221 So. 223 (Fla. 4th DCA 1969).  The marriage itself is sufficient consideration for a premarital agreement. Mulhern v. Mulhern, 446 So. 2d 1124 (Fla. 4th DCA 1984).  Prenuptial Agreements do not differ from other agreements and should be construed and interpreted in the same manner as any other contract.  Barakat v. Broward County House. Authority, 771 So. 2d 1193 (Fla. 4th DCA 2000).  It is never the role of a trial court to rewrite a contract to make it more reasonable for one of the parties or to relieve a party from what turns out to be a bad bargain. Herpich v. Estate of Herpich, 994 So. 2d 1195 (Fla. 5th DCA 2008).   Prenuptial agreement is subject to interpretation like any other contract.  Ledea-Genaro v. Genaro, 963 So. 2d 749 (Fla. 4th DCA 2007).  Prenuptial Agreements shall be construed and interpreted in the same manner as other contracts with the court resorting to rules of construction and extrinsic evidence … [Read more...]

As a Thank You for subscribing, all current subscribers of Stephens' Squibs as of 10am on May 4, 2012 just received an email with a link for a FREE 2 hour CLE on last year's squibs. Thanks again for subscribing! -eddie stephens … [Read more...]

Alimony: Featherston v. Featherston, 37 Fla.L.Weekly D944 (Fla. 2nd DCA 2012).  Trial Court abused discretion by not awarding retroactive alimony because Wife had a non-marital asset available to her. Galstyan v. Galstyan, 37 Fla.L.WeeklyD916 (Fla. 4th DCA 2012).  Trial Court reversed for awarding $5,000 per month in alimony to Wife without findings as to Husband’s ability to pay.  Trial Court also erred by setting arrearage payment without finding, as to ability, and requiring Husband to secure alimony with both life insurance and a bond. Walker v. Walker, 37 Fla.L.Weekly D872 (Fla. 1st DCA 2012).  Trial Court reversed for awarding permanent alimony with no findings as to Wife’s needs. Discovery: White v. White, 37 Fla.L.Weekly D786 (Fla. 4th DCA 2012).  Order determining Wife waived attorney client privilege because her daughter and son in law attended 65% of attorney conferences reversed because disclosure to third parties was reasonably necessary for the … [Read more...]

Alimony: Quinones v. Quinones, 37 Fla.L.Weekly D699 (Fla. 3rd DCA 2012).  Award of permanent alimony of $14,135 per month in 21 year marriage reversed when Wife had needs of $28,000 and Husband had net income of $58,000 per month.  Trial Court cannot consider Husband’s contributions to adult son in determining alimony. Bryne v. Bryne, 37 Fla.L.Weekly D688 (Fla. 3rd DCA 2012).  Award of permanent alimony to Husband in 9 year marriage when Husband became disabled during marriage reversed when Trial Court failed to consider each spouse’s pre dissolution income, addition income received by Husband, and Wife’s drastic reduction in income. Rucker v. Rucker, 82 So.3d 189 (Fla. 1st DCA 2012).  Trial Court’s award of 18 months bridge the gap alimony reversed and remanded when Court miscalculated parties income and failed to take into consideration Wife’s significant contributions to the marriage. Gulledge v. Gulledge, 82 So.3d 1113  (Fla. 2nd DCA 2012).  Trial … [Read more...]

So I was talking to mediator-extraordinaire LANE MATTHEWS who asked me what I thought about the glitch in the child support guidelines. “Glitch, what glitch?” “Really”; Lane insisted, “I have heard there was a problem and I see It messes up the number when you have less than 30% visitation”. “Huh?” “Want me to prove it to you?”, she said with that Lane Matthews I know something you don’t Eddie grin on. “OK, prove it” Within seconds she had her laptop out inputting variables.  All of the sudden, I heard her briefcase come to life and start printing different child support scenarios. “Look right here”, she said, grinning wider than ever! And you know what?  She was right. She proved to me that a recipient who had the children 80% of overnights received more child support then the same person who had 100% overnights. I ran the same numbers on different software and confirmed the result. Have you run into this issue?  Is it … [Read more...]

Our hardback has hit Amazon.  If you are a fan of this site, I would appreciate it if you would review the book on Amazon.  You can review it on Barnes and Noble as well. If you actually wanted to buy the book, you can get it for 50% off  here. If you prefer reading on your Kindle, the same materials are available in that format and can be ordered here. If you would like the Squibs from just the past year (2011), you can download those for free here. Keep in mind all of these materials are available for free on this website.  However, several people have commented having the hard back near their desk has been a handy reference. 100% proceeds from any sales will be donated  to Big Dog Ranch Rescue & Safe Harbor Animal Sanctuary and Hospital! … [Read more...]

Alimony: Justice v. Justice, 80 So.3d 405 (Fla. 1st DCA 2012).  Award of permanent alimony in 11 year marriage reversed when judgment lacked findings of need and explanation why permanent alimony was necessary in a grey-area marriage. Melton v. Melton, 79 So.3d 154 (Fla. 2nd DCA 2012).  Trial court’s award of alimony reversed when trial court deducted voluntary contributions to retirement from husband’s net income for purposes of determining his ability. Crick v. Crick, 78 So.3d 696 (Fla. 2nd DCA 2012).  Award of bridge the gap alimony of $2,000 per month for 24 months reversed and remanded when trial court failed to make findings of fact as to need and ability.  Bridge the gap alimony may be awarded to assist a party by providing support to allow the party to make a transition from being married to single.  It is designed to assist a party with legitimate identifiable short-term needs and is not modifiable in amount or duration. Agreements: Stoothoff v. … [Read more...]

KIRSTEN L. RIVEIRO, Appellant, v. J. CHENEY MASON, P.A., and ROSE M. MARSH, P.A., Appellees. Case No. 2D10-4122 DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT Opinion filed February 1, 2012 NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARINGMOTION AND, IF FILED, DETERMINEDAppeal from the Circuit Court for Hillsborough County; Samantha L. Ward, Judge. Virginia R. Vetter, Tampa, for Appellant. Rose M. Marsh of Rose M. Marsh, P.A., and J. Cheney Mason of J. Cheney Mason, P.A., Orlando, for Appellees. CASANUEVA, Judge. This appeal arises from a proceeding ancillary to the dissolution action of the marriage between William R. Riveiro and Kirsten L.Riveiro. Mrs. Riveiro appeals the trial court's order finding that the two law firms she hired, appellees J. Cheney Mason, P.A., and Rose M. Marsh, P.A. (hereinafter Mr. Mason and Ms. Marsh), were Page 2 entitled to a charging lien of $76,357.61 plus prejudgment interest. The trial court ordered that the … [Read more...]

Agreements: Khan v. Khan, 79 So. 3d 99 (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 in a previous divorce that had already been dismissed.  It is against public policy to waive temporary alimony and fees. Appeals: Messier v. Martin-Messier, 77 So. 3d 795 (Fla. 3rd DCA 2011).  Motion for rehearing did not toll time to file appeal of an order denying 1.540 motion.  A motion for rehearing directed at a non-final order does not toll time for appeal. Attorneys’ Fees: Leon v. Velazquez, 79 So. 3d 114 (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, 79 So. 3d 388 (Fla. 1st DCA 2012).  Order of fees reversed for failure to include findings as to reasonableness of rate and hours. Equitable Distribution: Robertson v. … [Read more...]