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...]
Charging Liens: Riveiro v. Mason, 37 Fla.L.Weekly D268 (Fla. 2nd DCA 2012)
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...]
Stephens’ Squibs – January 2012
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...]
Eddie Stephens’ “Case Law Update” most successful CLE of 2011!
For Immediate Release: On January 26, 2012 it was announced at the Florida Bar's mid-year meeting that the November "Case Law Update" by Eddie Stephens (chaired by R.T. White) was the most successful program of the year for the Family Law Section's CLE committee. The program attracted over 200 attendees and has had the most after-market sales this year. The CLE committee of the Family Law Section asked Mr. Stephens to present again October 24, 2012 with the help of program chairs R.T. White & Amanda Colon. Continuing Legal Education Programming is the primary funding source for the Family Law Section. This course is available for streaming from the Florida Bar.2.5 CLE hours. 2.0 Board Certification CLE credits. … [Read more...]
The Trouble with Alimony Reform (Editorial)
Pending before Florida legislation are HB 549 and SB 748.Both of these are radical attempts to eliminate / reduce certain types of spousal support.In essence, if enacted, the new bills would:Eliminate permanent alimony.Eliminate ability to award a combination of forms of alimony in appropriate circumstances.Caps alimony at 20% of payor’s net income averaged over last three years of marriage.Eliminates “standard of living” as a factor in determining alimony.Eliminates income from non-marital assets as source of payment for alimony.Caps length of durational alimony to one half the length of the marriage.Long term marriage (20 years) term cannot exceed 60% of length of marriage.Alimony terminates at payor attaining full retirement ageObligor’s new spouse’s income would be be considered in modification action.While there is a good argument that alimony reform, such as the implementation of “alimony guidelines”, is needed the changes suggested by these bills are RADICAL … [Read more...]
Imputation of Income: Middleton v. Middleton, 37 Fla.L.Weekly (Fla 5th DCA 2012)
SHARON BOOTH MIDDLETON, Appellant/Cross-Appellee, v. JAMES W. MIDDLETON, Appellee/Cross-Appellant. Case No. 5D10-236 DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2011 Opinion filed January 6, 2012 Appeal from the Circuit Court for St. Johns County, John M. Alexander, Judge. William S. Graessle of William S. Graessle, P.A., Jacksonville, for Appellant/Cross-Appellee. Alan C. Jensen, Jacksonville Beach, and Michael J. Korn of Korn & Zehmer, P.A., Jacksonville, for Appellee/Cross-Appellant. PALMER, J. In this dissolution of marriage proceeding, Sharon Middleton (wife) appeals the trial court's final dissolution order, and James Middleton (husband) cross-appeals. We find merit in one issue raised in the husband's cross-appeal and, accordingly, affirm in part and reverse in part. The husband maintains that the trial court applied the wrong standard in deciding whether to impute income to the wife. We … [Read more...]
The Psychological Dimensions of a Family Law Case
Board Certified Attorney Eddie Stephens recently led a two hour panel discussion with three of Palm Beach County's prominent psychologists. Attendees were treated to this rare insight into a diversity of mental health issues that are often present in family law cases including social investigations, parenting plans, guardian ad litems and parental coordination. The course provides 6 certification and 8 general CLE hours. To order a copy of this CLE contact the Palm Beach Bar Association. Panel l to r, Eddie Stephens Esq., Sheila Furr, PhD, Michael O'Hara, Psy.D. and Lisa McDermott, Perez, PhD, LMHC — at Palm Beach County Bar Association 9:15am - 9:20am Welcome & Opening Remarks - Matthew Jay Lane, Esq., Matthew Lane & Associates, P.A., Committee Chair 9:20am - 11:20am Panel Discussion—Social Investigations, Time-Sharing Evaluations, and GAL’s - Eddie E. Stephens, III, Esq., Eddie Stephens P.A., Board Certified Marital and Family Law … [Read more...]
