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In many divorce actions, the financial means of the parties are disputed, leading to contentious and protracted litigation. The Florida courts generally aim to issue fair and impartial rulings regarding child support and alimony in accordance with the statutory guidelines, however, which requires, in part, that they conduct a thorough assessment of the need of the party seeking support and the ability of the opposing party to pay. If a court fails to conduct an adequate evaluation prior to awarding support, it may constitute grounds for reversal. This was demonstrated recently in an opinion issued by a Florida court in a divorce matter. If you are considering ending your marriage, it is smart to speak to a trusted Florida divorce lawyer to discuss how a divorce may impact you financially.

The History of the Case

It is reported that the husband and wife lived together for eight years prior to marrying and were married for fourteen years. They had two children during their marriage. The wife filed a petition for dissolution of marriage, which set off eight years of litigation. The parties signed a prenuptial agreement shortly before their marriage that was later deemed invalid by the trial court.

Allegedly, the husband served in the United States Armed Forces, and after he retired, worked as a sheriff’s deputy. He also performed jobs when he was off duty. His income fluctuated throughout the course of the divorce proceedings, and at times his net monthly income was slightly less than $6,000. The wife was medically unable to work, and therefore the trial court declined to impute income to her. The trial court ordered the husband to pay $7,500 each month for child support and alimony. The husband appealed. Continue reading ›

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The Florida courts generally try to maintain the relationship between parents and their children. They will not do so to the detriment of a child, however, and if they find that a parent engages in conduct that harms a child, they may sever the parent’s rights. Recently, a Florida court discussed the grounds for terminating parental rights in a case in which the mother argued the trial court erred in determining that she should no longer be permitted to parent her children. If your parental rights are in jeopardy, it is vital to retain a skilled Florida child custody lawyer attorney to help you fight to protect your rights.

The Facts of the Case

It is reported that the mother had three minor children. The parental rights of the father, who was the biological parent of the two younger children, were terminated after he sexually abused the oldest child. Additionally, the trial court entered an injunction prohibiting the father from coming within 500 feet of the home where the mother lived with the children or having any contact with the children.

Allegedly, the oldest daughter awoke one night to find the father assaulting the mother. When she attempted to stop the assault, the father choked and hit her. The Department of Children and Families (DCF) later learned that the father routinely visited the residence, in violation of the court order. DCF then moved to terminate the mother’s parental rights on the grounds that she engaged in egregious conduct. During an adjudicatory hearing, the mother admitted she never ended her relationship with the father, and the evidence demonstrated he was regularly within the home. The court terminated the mother’s rights, and she appealed. Continue reading ›

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Disputes over money are one of the leading causes of divorce. It is not surprising, then, that in many divorce cases, the parties will engage in contentious disagreements over how assets and property should be divided. In an attempt to mitigate such disputes, the Florida courts engage in a three-step process for determining what constitutes an equitable division of property. If the court disregards the process and divides property without properly identifying assets and liability, it may constitute grounds for a reversal of an equitable distribution award, as demonstrated in a recent Florida ruling. If you wish to end your marriage, it is critical to engage a capable Florida divorce lawyer to assist you in safeguarding your interests.

The History of the Case

The facts of the case are sparse. It is merely reported that the husband and wife were engaged in divorce proceedings, and the trial court issued a final judgment dissolving the marriage. The husband subsequently appealed, arguing that the alimony award and equitable distribution awards dictated by the judgment must be reversed. The appellate court agreed, and vacated the trial court ruling, and remanded for further proceedings.

The Florida Equitable Distribution Process

In Florida, equitable distribution is typically a three-step process. Specifically, it requires the identification of nonmarital and marital assets, a valuation of any assets deemed marital, and distribution of marital assets as dictated by statute. In the subject case, the husband argued that the trial court erred in failing to identify all of the parties’ liabilities and assets and deem them either marital or nonmarital. The appellate court agreed. Continue reading ›

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While many people think of prenuptial agreements as instruments used for protecting assets in the event of a divorce, they can also help to determine how property will be disbursed if either party dies. As parties cannot opine on the intent of certain provisions from the grave, it is critical that prenuptial agreements are drafted in a clear and precise manner so that they can be properly interpreted by the courts. A Florida court recently discussed the interpretation of prenuptial agreements in a case in which the wife and the children of the deceased husband disagreed as to the meaning of numerous provisions. If you are engaged and you have substantial assets, it is smart to speak to a knowledgeable Florida marital agreement attorney regarding your options for protecting your wealth.

The Terms of the Agreement

Allegedly, the husband and wife lived together for several years before they decided to wed. The husband briefly mentioned prenuptial agreements before they were engaged but did not mention them again until the day of the wedding. At that point, he demanded that the wife find and complete a prenuptial agreement which she did. The parties then signed the agreement in front of a notary public.

It is reported that the husband died without a will four years after the couple married. The wife sought, among other things, to have the home describe in paragraph two of the agreement to be the husband’s homestead subject to her election of one-half interest. The husband’s children argued that the provision only applied during the husband’s life and that the wife waived any interest in the home. Continue reading ›

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In Florida, income earned during the course of a marriage, including money placed in a retirement account, is generally considered marital property. When couples divorce, any marital property is typically subject to equitable distribution, but parties can waive their property rights via an agreement. A party that waives the right to marital property in a divorce action cannot later argue that their waiver does not apply based on a technicality, however. This was demonstrated in a recent opinion issued in a Florida case, in which the deceased husband’s estate sought enforcement of a marital settlement agreement to preclude the wife from recovering retirement plan benefits. If you want to end your marriage, it is smart to hire a knowledgeable Miami divorce attorney to help you seek a favorable outcome.

History of the Case

It is alleged that husband and wife married in 1988. The husband, a  television producer, contributed to a 401k plan that was governed by ERISA before and after the marriage. He designated the wife as the first beneficiary and his children as the second beneficiaries under the plan documents.  In 2017, the parties divorced. They developed a marital settlement agreement (the Agreement) that stated they both retained the sole right to their retirement plans and waived the right to recover proceeds from each other’s plans. The husband did not update his plan beneficiary forms, however. The court ratified the Agreement in the final dissolution of marriage.

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Generally, a man that is the biological father of a child can seek parental rights.  Relatively recent advances in reproductive technology can result in situations in which it is necessary to determine whether a man is a child’s father or merely a sperm donor. For example, in a recent Florida case, a former couple called on a court to determine whether a man had paternity rights over a child born via IVF. If you need assistance with a paternity matter, it is advisable to speak to a Florida paternity lawyer to determine what steps you can take to protect your interests.

The Facts of the Case

It is reported that the father and the mother were involved in a romantic relationship, during which they entered into a contract to have a child via in vitro fertilization. The IVF transfer took place in September 2019, but the parties ended their relationship a month later. The child was born in June 2020. Shortly thereafter, the father filed a paternity lawsuit seeking parental rights on the grounds that he and the mother were a commissioning couple as defined by Florida law.

Allegedly, the mother moved to dismiss his petition, arguing that he was merely a sperm donor. During the hearing on the motion to dismiss, the trial court sought evidence from both parties without notice, after which it found the parties were a commissioning couple and granted the father parental rights. The mother appealed, arguing that the trial court violated her due process rights by holding an evidentiary hearing without notice. Continue reading ›

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Generally, in Florida custody cases, the courts aim to preserve the relationships between parents and their children and will grant both parents timesharing rights. The courts must always rule in the best interest of the children involved in a custody case, though, which in some cases will require the court to determine that a parent’s time with a child should be supervised. When a court orders supervised timesharing, it is not always clear what a parent must do to obtain unsupervised access, however, as demonstrated in a recent Florida case. If you are involved in a custody dispute, it is smart to meet with a Florida custody attorney to discuss what steps you can take to protect your parental interests.

History of the Case

It is reported that the wife filed a petition for dissolution of marriage. The court issued a final judgment dissolving the marriage that dictated, in part, that the husband must be supervised during the time he spent with their minor children. The husband appealed on numerous grounds, including the argument that the trial court unjustly impinged on his parental rights by ordering his timesharing to be supervised for the duration of the children’s minority, as the court did not provide a roadmap for him to achieve unsupervised timesharing. The appellate court ultimately rejected the husband’s arguments and affirmed the trial court ruling.

Grounds for Lifting an Order Imposing Supervised Time-Sharing

The appellate court explained that recent Florida rulings resolved the issue of whether a court issuing a final judgment altering a parenting plan is required to provide a parent with concrete steps he or she can take to restore lost timesharing rights or return to a pre-modification custody status, affirmatively stating that the court did not owe such a duty. Continue reading ›

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In some marriages, one spouse relies on the other for financial support. As such, if a couple with disparate income decides to divorce,  the lesser earning spouse may seek alimony. The courts must assess multiple factors in determining whether alimony is appropriate, and if they fail to conduct a thorough evaluation, their rulings may be overturned. This was demonstrated in a recent Florida case, in which the appellate court vacated the trial court’s order on the grounds the trial court failed to determine if the wife was entitled to alimony. If you or your spouse intend to seek a divorce, it is advisable to confer with a Florida divorce attorney to assess how the dissolution of your marriage may impact you financially.

The Facts of the Case

Reportedly, the husband and the wife were married in 1996. In 2018, the wife filed a petition for dissolution of the marriage, in which she sought rehabilitative alimony, bridge-the-gap alimony, and permanent alimony due to the length of the marriage. She asked the court to require the husband to maintain a life insurance policy naming her as a beneficiary as well.

It is alleged that the court found that the husband’s total monthly expenses were close to $7,000, while the wife’s total expenses were slightly less than $3,000. Further, the court noted that the wife had amassed some savings while the husband had none. Thus, the court found that the husband lacked the ability to pay alimony and denied the wife’s request. It also declined to require the husband to maintain life insurance. The wife appealed. Continue reading ›

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Florida courts generally find that it is in a child’s best interest to maintain connections with both parents and are reluctant to sever the parent-child relationship. While the courts will usually determine if there are other, less restrictive, means of protecting a child prior to terminating parental rights, such an analysis is not always required. This was demonstrated in a recent Florida opinion in which the appellate court reversed a trial court order denying a motion to sever the parental relationship on the grounds that the father engaged in egregious conduct. If you have questions about your parental rights or the rights of your co-parent, it is smart to meet with a Florida child custody lawyer as soon as possible.

The Subject Case

It is reported that the mother and father shared custody of their minor children pursuant to a time-sharing agreement. The mother and her boyfriend drove to the father’s house to pick up the children, but the father refused to let them go. Then, in front of the children, he threatened to shoot the mother in the face if she took them. The mother loaded the children into her boyfriend’s truck. The boyfriend began driving away, and the father went into his house.

Allegedly, the father then returned with a gun and began shooting at the truck. One of the bullets hit the boyfriend in the back of his head, causing him to lose control of the vehicle and drive into a ditch. The mother suffered injuries in the crash, and one of the children suffered cuts when bullets shattered the truck’s windows. The father was ultimately arrested and charged with attempted murder, and the mother filed a petition to terminate his parental rights. The trial court denied the petition, and the mother appealed. Continue reading ›

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Generally, when a couple with children divorces, the courts will find it is in the best interest of the children for both parents to have custody rights. Typically, the courts will issue an order setting forth a parenting plan establishing when each party has physical custody of the children. The plans generally may be modified, but only if the party requesting a change demonstrates that it is warranted and that it is in the best interests of the children, as discussed in a recent Florida ruling. If you need assistance protecting your parental rights, it is prudent to speak to a Florida child custody lawyer to discuss your options.

Procedural History of the Case

It is reported that the husband and wife divorced in 2016. They had two minor children, and the divorce decree set forth a parenting plan that granted the wife the majority of time-sharing rights and granted the husband time-sharing on alternating weekends and Wednesday nights and set forth a standard holiday and summer schedule. The husband filed a motion asking the court to hold the wife in contempt and for the appointment of a parenting coordinator.

It is alleged that in support of his motion, he argued that his schedule as an emergency room surgeon made it difficult to adhere to the schedule, and the wife was unwilling to compromise. The court held a hearing and then ruled that the husband should be allowed to change one of his weekends each month as long as he gave the wife advance notice. The wife appealed. Continue reading ›