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Under Florida law, courts making timesharing decisions must base their determinations on the child’s best interests, supported by substantial evidence. When a court’s decision relies on speculative or unsupported assumptions, it risks reversal. A recent Florida decision illustrates the need for competent evidence when ordering significant changes to a child’s living arrangement. If you are involved in a custody dispute, it is wise to consult a Miami child custody attorney to ensure your rights are safeguarded.

Case Setting and History

It is reported that the mother and father disputed custody over their daughter, born in 2017, with the mother moving to Florida with the child shortly after birth. Allegedly, in 2021, the father filed for paternity and timesharing rights in Florida, seeking to establish a legal relationship with the child. Reportedly, the mother counterclaimed, seeking sole custody and alleging the father had engaged in abusive behavior, resulting in a domestic violence injunction.

Allegedly, the court initially ordered shared parental responsibility and temporary timesharing, permitting the father visitation during school breaks. The case ultimately proceeded to trial in 2023. It is reported that at trial, witnesses testified to issues related to the father’s alcohol use, lack of a driver’s license, and financial instability. The guardian ad litem recommended that the child remain in Florida with the mother, citing concerns about the father’s ability to serve as the primary caregiver. Nonetheless, the court granted the father majority timesharing in Michigan, contingent on him securing certain improvements in his living situation. Continue reading ›

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Under Florida law, child custody cases involving multiple states are governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which aims to prevent jurisdictional conflicts and ensure due process. Recently, a Florida court issued an opinion highlighting the importance of procedural fairness when a trial court relinquishes jurisdiction to another state. If you are involved in an interstate custody dispute, it is prudent to consult a Miami child custody attorney to ensure your rights are protected.

History of the Case

It is reported that the plaintiff, an aunt who was awarded temporary custody of her minor niece, filed a Petition for Temporary Custody in Florida. Allegedly, the child’s parents, both of whom were incarcerated, consented to the arrangement, and the Florida court awarded the aunt temporary custody. It is reported that the child’s maternal grandmother, residing in North Carolina, had previously taken the child to her home, although she did not formally appear at the custody hearing.

Reportedly, following the Florida court’s temporary custody order, the aunt traveled to North Carolina to retrieve the child, only to find that the grandmother had obtained an ex parte emergency custody order from a North Carolina court. Fearing that the grandmother might leave the country with the child, the aunt filed an emergency motion in Florida for the return of the child. However, the Florida trial court sua sponte issued an order relinquishing jurisdiction to North Carolina without holding a hearing, concluding that North Carolina was a more appropriate forum under the UCCJEA. The aunt appealed, asserting that she was entitled to notice and an opportunity to be heard before the trial court could relinquish jurisdiction. Continue reading ›

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Under Florida law, courts and administrative agencies are required to base child support obligations on actual income during the relevant period and to attach necessary documentation to support their findings. If they fail to do so, any child support obligations they impose may be vacated, as demonstrated in a recent opinion in which a Florida court addressed a case where the Department of Revenue miscalculated retroactive child support and failed to include a child support guidelines worksheet with its final order. If you are involved in a child support dispute, it is wise to consult a Miami child support attorney to help you protect your rights throughout the process.

Facts and Procedural History

It is reported that the plaintiff challenged a final administrative support order issued by the Department of Revenue’s Child Support Enforcement Program. Allegedly, the plaintiff argued that the Department miscalculated his retroactive child support obligation by failing to use his actual income during the retroactive period. Florida law mandates that retroactive support be calculated based on the obligor’s actual income for the relevant time frame, using state wage information if available.

Additionally, it is reported that the Department issued its final order without attaching a child support guidelines worksheet. The guidelines worksheet provides a detailed calculation of the obligor’s support obligations based on statutory guidelines, and without it, the accuracy of the Department’s determination could not be verified. The plaintiff argued that this omission made it impossible to ascertain whether the child support award was supported by sufficient evidence. Continue reading ›

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Under Florida law, courts may enforce alimony provisions from out-of-state divorce agreements but are limited in their authority to modify these obligations. This was illustrated in a recent case in which a Florida court reviewed a trial court’s ruling involving alimony credits from Social Security payments and clarified that an alimony obligation established in another state cannot be terminated by a Florida court. If you are dealing with complex alimony issues, including enforcement of out-of-state obligations, it is in your best interest to contact a Miami divorce attorney as soon as possible.

History of the Case

It is alleged that the husband and wife divorced in 2004 in Alabama. The court entered a Final Judgment of Divorce that adopted their marital settlement agreement (MSA). The MSA allegedly obligated the husband to pay the wife $1,000 in monthly alimony. Over time, the wife reportedly received payments through the husband’s Social Security benefits, which the Alabama court allowed to offset his alimony obligation.

Reportedly, In 2013, the wife filed a petition in a Florida court to establish the Alabama decree as a Florida order for enforcement purposes. The Florida court reportedly agreed to apply Alabama law, allowing Social Security benefits to count as a credit toward alimony obligations. In 2022, the wife filed motions for contempt and an accounting, arguing that the husband failed to meet his alimony payments. The trial court denied these motions, concluding that the wife’s Social Security benefits exceeded the alimony obligation and terminated both the alimony and life insurance obligations “as a matter of law.” The wife appealed, challenging the court’s interpretation. Continue reading ›

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Although Florida law anticipates that parents will provide financial support for their children, the obligation to do so typically ends when the children reach the age of majority. Parties are free to enter into agreements that enlarge their responsibilities, however, and dictate that they will provide support for education or other things after the children turn eighteen. If they do, they will generally be held to the terms of such agreements, as discussed in a recent Florida child support case in which the parties disagreed over whether a marital settlement agreement obligations both parents to contribute to their child’s college fund. If you have questions about how you can protect your rights and assets in a dissolution proceeding, it is advisable to meet with a skilled Miami divorce lawyer to assess your options.

Case Setting

It is reported that the husband and the wife divorced; as part of their dissolution proceedings, they entered into a marital settlement agreement. According to their marital settlement agreement, both parties were required to contribute $500 per month to a 529 college savings plan for their child, starting after the termination of the wife’s alimony.

Allegedly, after receiving an inheritance, the wife prepaid her share of contributions, leading to an addendum in the marital settlement agreement that absolved her from making further payments. However, the husband contributed less than $500 per month to a Florida Prepaid College Fund instead of the 529 plan. The wife sought to hold him in contempt for failing to meet the agreed contribution amount. The trial court denied her motion, and she appealed.

Continue reading ›

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Under Florida law, parents are expected to provide financial support for their children. As such, it is not uncommon for one parent to seek child support from their co-parent. When determining an appropriate support obligation in child support cases, the courts will look at, among other things, the party’s income. In some instances, the courts may find it appropriate to impute income to a parent based on their earning potential. In doing so, the courts must first analyze certain factors, and if they fail to, their decision may be reversed. Recently, in an opinion issued in a paternity action, a Florida court discussed what analysis courts must conduct before imputing income. If you have questions about your rights and obligations with regard to child support, it is wise to talk to a Miami child support lawyer promptly.

Factual and Procedural Setting

It is reported that the mother and the father were involved in a dispute over paternity. During the hearing on the matter, the father testified that he worked 25 hours per week as he was building a new position within his company but was not working full-time due to taking care of his child and other personal matters.

Allegedly, the trial court issued a final judgment establishing paternity. In the judgment, the court imputed an income of $76,000 despite the father’s highest historical annual earnings being $58,000. The father argued that the imputed income and the calculation of his income for 2021 and 2022 were unsupported by competent evidence. The father appealed, challenging the trial court’s decision to impute income to him for the purpose of calculating child support. Continue reading ›

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In Florida, the court’s main focus in custody proceedings is what is in the child’s best interest. In some instances, acting in the best interest of a child requires a court to issue temporary orders in response to exigent circumstances. The courts cannot lawfully do so without certain findings, though, as discussed in a recent Florida opinion issued in a custody case. If you have concerns about protecting your parental rights, it is wise to confer with a Miami child custody lawyer.

Factual History and Procedural Background

It is alleged that the mother and the father shared parental responsibility, as established by a final judgment of paternity. However, the father filed a motion requesting temporary sole custody of the child, claiming that the mother violated court orders by preventing him from seeing the child and by failing to bring the child for a required hospital evaluation after the child threatened self-harm. Despite the father not filing a formal petition to modify custody, the trial court held a hearing and orally determined that the child’s well-being required immediate transfer of custody to the father.

It is reported that the court expressed that placing the child with the father was necessary to protect the child from further psychological and emotional harm. The mother objected, arguing that the father’s failure to file a petition for modification and the absence of a finding of substantial change in circumstances made the court’s order improper. Nonetheless, the trial court believed it had the authority to sua sponte change custody due to exigent circumstances and entered the order. The mother then appealed. Continue reading ›

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In Florida, people who wish to end their marriage must abide by specific procedural rules when filing their petition for dissolution. Additionally, spouses responding to such petitions are bound by procedural rules as well. If a responding party declines to abide by such rules and fails to file an answer, the court may enter a default judgment against them. Further refusal to partake in the litigation process could ultimately result in a waiver of the right to pursue an appeal. This was illustrated in a recent Florida divorce action in which the court found the husband’s failure to comply with procedural obligations or respond to discovery constituted a waiver of his right to present evidence on disputed financial issues. If you want to learn more about how you can protect your interests while ending your marraige, you should talk to  a Miami divorce lawyer.

Factual and Procedural Background

It is alleged that the husband and wife were married, and the wife subsequently filed a petition for dissolution. The husband failed to respond to the petition, and the wife moved for a default judgment. The trial court ultimately granted the wife’s motion and issued a final judgment of dissolution, setting forth, among other things, the party’s financial rights and obligations.

It is reported that in issuing the judgment, the trial court found that the husband had waived his right to present evidence on certain disputed financial issues because he failed to respond to discovery requests, did not file a financial affidavit, and did not move to set aside the default judgment against him. The husband later appealed the trial court’s decision regarding financial matters. Continue reading ›

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Generally, in Florida custody cases in which both parents have parental rights, the courts will preclude either party from independently relocating a child without their co-parent’s permission or leave of court. As such, if a party does so, a court may order them to return the child in question to Florida, as demonstrated in a recent Florida ruling. If you want to know what steps you can take to protect your parental rights, it is advisable to meet with a Miami child custody lawyer as soon as possible.

Case Setting

It is alleged that the husband and the wife divorced in November 2015, and the final judgment included a settlement agreement that outlined a timesharing schedule and a method for determining the emancipation of their six children. The agreement also provided a dispute resolution process for issues related to shared parental responsibility, timesharing, and finances. However, it did not contain provisions related to the relocation of the minor children.

Reportedly, in August 2023, the wife relocated to Baltimore with the two minor children without the husband’s consent or filing a petition for relocation, prompting the husband to file an emergency motion to compel the return of the children to Florida. The trial court ordered the return of the minor children and the emancipation of the adult children, leading to the wife’s appeal. Continue reading ›

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It is well established under Florida law that, absent a prenuptial or postnuptial agreement, marital assets are subject to equitable distribution in divorce actions, while separate assets are not. It is not uncommon for a court to mischaracterize an asset, however, and order a separate asset to be divided among the parties. Recently, a Florida court issued an opinion clarifying the classification of assets in divorce actions, in a matter in which it ultimately reversed the trial court’s determination. If you have questions about your rights with regard to equitable distribution, it is smart to speak to a Miami divorce lawyer.

Factual History and Procedural Background

It is reported that the husband and wife were married but filed an action to dissolve their union. The trial court ultimately issued a final judgment, distributing the parties’ community assets. The husband then sought review of the final judgment issued by the trial court. One of the key issues in the appeal concerned the inclusion of one of the husband’s bank CD accounts in the equitable distribution schedule. The husband argued that this account was a nonmarital asset, as he had acquired it ten years before the marriage and maintained sole control over it throughout the marriage. The trial court, however, had classified the account as a marital asset subject to equitable distribution.

Classification of Assets in Divorce Actions

On appeal, the court found that the sole issue raised by the husband that warranted review was the trial court’s classification of the CD account. The court explained that under Florida law, assets acquired by one party before marriage are generally considered nonmarital assets unless there is evidence of enhancement, commingling, or intent to gift the asset to the other spouse during the marriage. Continue reading ›