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In Florida, parents have a legal obligation to provide financial support to their children. Typically, this obligation ends at eighteen. If a parent did not provide financial support for their child while the child was a minor, however, their co-parent may be able to recover retroactive support, even after the child has reached the age of majority. This was illustrated in a recent Florida opinion in which the court explained that the statute does not limit the right to recover retroactive support to parents of minor children. If you have questions about child support, it is smart to meet with a Miami child support attorney as soon as possible.

Factual and Procedural Setting of the Case

It is alleged that the mother and father had two children together. The Department of Revenue initiated a case to establish paternity and establish child support for their children. The Administrative Law Judge conducted a video proceeding, where the parties stipulated paternity, and it was acknowledged that both children had resided solely with the mother.

Reportedly, during the hearing, the Judge expressed uncertainty regarding awarding child support to the older child, who had turned eighteen before the service of the Department of Revenue’s petition. The court ultimately concluded that the older child was no longer a ‘child’ and, therefore, the court lacked statutory authorization for retroactive child support. The Department of Revenue appealed. Continue reading ›

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It is not uncommon in Florida divorce actions for one party to agree to pay the other alimony. Such payments may be conditional, however. For example, a support agreement may stipulate that if the party receiving alimony enters into a supportive relationship, there may be grounds for terminating alimony. The court must conduct a certain analysis, however, to determine whether a party is in a supportive relationship, as explained in a recent Florida divorce ruling. If you want to end your marriage, it is in your best interest to talk to a Miami divorce attorney about how the decision may impact you financially.

Factual and Procedural Background

It is reported that the parties married in 1995 and ended their marriage in 2013 via a final judgment of dissolution of marriage. The judgment incorporated a Mediated Settlement Agreement (MSA) that mandated the husband’s payment of specified durational alimony to the wife until June 2023. Paragraph 12(d) of the MSA allowed modification or termination of alimony if the wife entered a “supportive relationship” or cohabitated, as defined by Florida Statutes.

Allegedly, in April 2021, the husband filed a petition to modify or terminate alimony, citing paragraph 12(d) and alleging that the wife had a supportive relationship with a man. An evidentiary hearing ensued, after which the trial court terminated the wife’s alimony. The wife then appealed. Continue reading ›

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In Florida divorce actions, what constitutes marital property, and how such assets should be divided is often one of the most contested issues. Generally, separate property remains separate unless the spouse that owns the property comingles assets or otherwise takes action to commute it into marital property. As discussed in a recent Florida divorce action, absent such conduct, separate property will usually remain separate. If you need assistance protecting your rights in a divorce action, it is wise to meet with a Miami divorce attorney promptly.

History of the Case

It is reported that the husband and wife divorced via a final judgment of dissolution entered by the trial court. The husband then appealed the final judgment. At the heart of the dispute are the classification and equitable distribution of assets, specifically related to the husband’s dental practice and the company that owns the building from which the dental practice operated. The trial court initially classified both entities as nonmarital assets, meaning their overall value wouldn’t be divided upon marriage dissolution. The wife contested this classification, however, particularly regarding the enhanced value of asserting that its appreciation during the marriage should be considered a marital asset. The court agreed with the wife, finding that the appreciation of the value of the company was marital property.

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In Florida family law actions, as in other proceedings, parties have the right to appeal orders they believe were issued improperly. Such right is not absolute, however, as there are certain prerequisites to filing an appeal, including the requirement that the relief sought must be attainable. This was illustrated in a recent Florida divorce action in which the court found that the husband’s petition for certiorari review was inappropriate. If you are contemplating ending your marriage, it is smart to talk to a Miami divorce attorney about your rights.

Procedural and Factual Setting

It is reported that the husband and the wife were divorcing. During the pendency of the divorce, the court issued a temporary relief order granting exclusive use of the rental property to the wife, establishing her right to possess it. The husband did not seek an appeal at that time, however. The court subsequently issued an order finding the husband in contempt for not vacating the property.

Allegedly, the order did not adjudicate him as being in criminal contempt but was focused on securing compliance with the prior temporary possession order, threatening the husband with 179 days in jail. The husband then sought certiorari review of the contempt order. The order in question did not grant immediate appeal, being neither an enumerated non-final order nor a final order. Continue reading ›

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When people in romantic relationships decide to part, they will typically go their separate ways. If they have a child together, though, they may have to seek intervention from the courts to determine their parental rights and obligations. In any custody matter, the Florida courts must rule in the best interest of the child. In doing so, however, they must uphold the parties’ right to due process, as explained in a recent Florida custody action. If you have questions about what steps you can take to safeguard your relationship with your child, it is wise to contact a Miami child custody attorney as soon as possible.

History of the Case

It is reported that the parties began their relationship in August 2019 and had a child in June 2021. Following the child’s birth, the mother returned to Miami, and the relationship between the parties ended. The father initiated a paternity action, seeking a 50-50 timesharing arrangement. During the hearing on the motion for temporary relief, the trial court introduced the concept of a two-week rotating schedule, which was not previously raised in the pleadings.

Allegedly, the court considered this schedule despite objections from the mother and her counsel, who requested time to discuss the alternative and present witnesses. Nevertheless, the trial court ordered the two-week rotating schedule based on its determination of the child’s best interests. The mother appealed. Continue reading ›

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In Florida child custody cases, the courts will always rule in the best interest of the child. In some instances, this means that they will grant temporary custody to an extended family member rather than either of the biological parents. The courts can only do so if certain requirements are met, though, as demonstrated in a recent ruling issued by a Florida court. If you need assistance protecting your parental rights, it is prudent to confer with a Miami child custody attorney about your options.

Procedural and Factual Background

It is reported that the mother of a minor child sought to challenge a trial court order that granted immediate exclusive custody and care of the minor child to the child’s maternal grandmother. This case revolved around the issue of whether the grandmother qualified for temporary custody under Chapter 751 of the Florida Statutes in 2022. Chapter 751 permits extended family members to pursue temporary custody of minors under specific circumstances. Specifically, it allows proceedings to be initiated either by any extended family member, if they have the signed and notarized consent of the child’s legal parents. It also allows any member of the extended family to initiate proceedings if they care for the child full time, taking on the role of the substitute parent and with whom the child is presently living.

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Typically, in Florida family law cases, the parties must pay their own costs and fees. In some instances, though, the law permits parties to recover costs from their opponent. As illustrated in a recent Florida family law action, if the law mandates the assessment of costs, they are recoverable regardless of whether a party does not request such costs immediately. If you are involved in a family law dispute, it is in your best interest to talk to a Miami family law attorney about what measures you can take to protect your interests.

 History of the Case

It is reported that at the end of July 2022, the father filed a motion to tax costs after a dismissal order was entered at the beginning of the month. The trial court applied a reasonable time standard to the father’s request and found that the father’s decision to wait until the end of the month to file his motion was unreasonable based on the facts and circumstances.

Allegedly, the court pointed out that in April 2022, the father had filed a Townsend Motion and stated that the father should have made his claim for costs within a reasonable time after filing the motion and provided the mother with notice that he would be seeking costs. As such, the court found that the father’s delay in filing for costs was unjustified and denied his request. The father appealed. Continue reading ›

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Florida law dictates that parents must support their children financially. As such, in many instances in which parents share custody of a child, the Florida courts will order one parent to pay the other child support. In recognition of the fact that circumstances often change over time, the law permits parties to request modifications to child support orders as well. As discussed in a recent opinion delivered in a Florida child support case, such a request should be granted if the requesting party demonstrates a substantial and lasting change in their financial situation. If you need assistance with a child support dispute, it is wise to contact a Miami child support attorney as soon as possible.

Factual and Procedural Setting

Reportedly, the parties were married in 2004 and had two children during their marriage. After ten years of marriage, they divorced. The final judgment of dissolution incorporated the parties’ parenting plan and marital settlement agreement, which stipulated, in part, that neither party would be obligated to pay child support because they had equal timesharing and similar incomes at the time of the agreement.

Allegedly, in 2018, the wife filed a petition for modification, alleging a substantial decrease in her income since the final judgment, making it impossible for her to afford their children’s needs. She further asserted that the husband’s income had substantially increased since the divorce and asked the trial court to modify the judgment to require the Former Husband to pay child support following the statutory guidelines. The court denied her request, and she appealed. Continue reading ›

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Florida law permits the courts to grant alimony in certain divorce actions. Alimony awards are based, in part, on the party’s income, assets, and needs. As such, if a party’s financial status changes after the court issues an order granting alimony, the party may seek a modification. As discussed in a recent Florida ruling, modifications will only be granted in certain scenarios, and if a court denies a request for a modification, it does not have to set forth factual findings in support of its ruling. If you want to learn more about your rights with regard to alimony, it is smart to talk to a Miami divorce lawyer.

History of the Case

It is alleged that the husband and the wife divorced in 2003 after a marriage that lasted over 22 years. The Final Judgment of Dissolution of Marriage incorporated the parties’ marital settlement agreement, which required the husband to pay the wife permanent periodic alimony of $750 bi-weekly. More than fourteen years after the divorce, the husband filed an Amended Supplemental Petition to eliminate or reduce the alimony payments.

Reportedly, during the trial on the husband’s petition, he abandoned his claim that his ability to pay alimony had diminished. Instead, he sought a reduction because the wife’s income had increased. The husband acknowledged income earned as a full-time college professor and his pension. In contrast, the wife testified that her standard of living had declined significantly, stating she was driving a 21-year-old car, residing with her adult daughter, and struggling to make ends meet. The court denied the husband’s petition, and he appealed. Continue reading ›

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In Florida child support cases, it is unfortunately not uncommon for the parent obligated to pay support to fail to uphold their duties. If they do, they can be held in contempt. The party seeking a contempt order and arrearages must act in a timely manner, however, otherwise, they may be precluded from recovering the amounts owed due to the defense of laches. In a recent Florida child support case, the court provided a valuable overview of the affirmative defense of laches, ultimately determining that it did not apply. If you need assistance with a child support matter, it is in your best interest to meet with a Miami child support attorney to evaluate your options.

History of the Case

It is reported that the parties divorced in 1994, and the former husband was ordered to pay child support until their child was emancipated in 2005. However, in 1995, the former husband ceased paying child support through the disbursement unit, citing job loss, and instead paid the former wife $100 weekly, with a promise to resume full payments when he found employment. Unfortunately, he never did.

Allegedly, a Judgment/Certificate of Delinquency was filed but expired in 2016. In 2017, the former wife initiated a motion for contempt, which the general magistrate deemed “premature.” The magistrate instructed the former wife to file a motion to determine the child support arrearage, but she never did. Two years later, the former husband passed away, leaving his entire estate to his long-term girlfriend, who subsequently also passed away. Following these events, the former wife filed an independent action to collect the owed amount, totaling $282,070.64. Continue reading ›