Monthly Archives: October 2024
Making Decisions Together: Shared Legal Custody in Florida
If you have joint legal custody of your child, you may be wondering whether or not you have the legal authority to make decisions on your own. It’s important to understand that the Florida courts will award joint custody in the majority of situations. Under the law, there is a rebuttable presumption that joint… Read More »
The Best Interests of the Children in Florida Family Law Cases
In Florida family law cases, judges are required to make decisions that reflect the best interests of the children. This standard is employed in all 50 states. The best interests of the children standard is applied in virtually all important legal decisions regarding a child’s life. This includes custody, parental decision-making power, parenting plans,… Read More »
Imputed Income Becomes Key Issue in Florida Divorce Trial
What is imputed income? Essentially, it is income that is attributed to a party because they don’t have to pay for something. As an example, an individual who owns their own home outright can be imputed income based on the fact that they don’t have to pay rent. In the case of Goodman v…. Read More »
Court’s Failure to Make Specific Findings Concerning Net Incomes of Divorcees Requires Appeals Court to Overturn Alimony Award
In the case of Reese v. Reese, the former husband filed a petition for the dissolution of marriage on February 10, 2020. The former wife responded with an answer and a counter-petition. The former wife argued that the trial court erred by determining that the former husband’s gross monthly income was income listed in… Read More »
Appeals Court Reviews Equitable Distribution Scheme for Abuse of Discretion
When dividing the marital estate, the trial court must make findings of fact that support their reasoning for dividing the marital estate in the manner they do. In the case of Gayer v. Nicita, the former husband filed an appeal raising concerns about how the marital estate was divided by the court. One point… Read More »
Did Final Judgment Violate The Former Spouse’s Protection Act?
While pensions and retirement plans are considered part of the marital estate and subject to equitable distribution, military disability benefits are not. This threw a wrench into one case involving a former husband and former wife. In the case of Karrer v. Karrer, the parties were married in March 1986 and the wife petitioned… Read More »