A northern Florida appeals court reversed a court order finding an underemployed ex-husband willingly declined a $120,000 job. The former husband lost his $150,000/year job in logistics, and took on a new career in real estate.  He earned only $38,000 in his first year, but pursued that career to spend more time with his children. .. read more →

The appeals court over Broward County family court cases reversed a judgment that voided a post-nuptial agreement between the former spouses.  After nearly two decades of marriage, the couple in 1996 entered in a post-nuptial agreement.  Seven years later, they separated and filed for divorce, but ended up reconciling.  When a couple has a marital settlement.. read more →

Tampa’s appeals court reversed a child support order in which a former husband was found to be voluntarily underemployed.  The former husband was a stay-at-home dad during marriage, but during the last year of marriage, he gained his real estate license and started driving for Uber.  Seizing on the former husband’s testimony that he hoped.. read more →

15 Jun 2020
June 15, 2020

Alimony calculation reversed

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North Florida’s appeals court reversed an order for a former wife to pay $2,000 a month, for five years, to her former husband.  When determining alimony, a trial court must determine: (1) the party’s need for support, (2) the other party’s ability to pay, (3) the types of alimony appropriate in the case, and (4).. read more →

The appeals court for Florida’s Gulf coast reversed a final judgment dissolving a marriage, because the trial court erroneously classified three cars as marital assets.  The former husband bought a truck before the marriage.  Each spouse bought a car after the petition for divorce was filed.  Because the filing for divorce is the cut-off for.. read more →

Broward County’s appeals court recently overturned a local mother’s termination of parental rights.  In this dependency case, the Department of Children and Families failed to prove there was no reasonable basis to believe that the mother would improve regarding her alcoholism. D.C.F. had failed to call any expert witnesses, and the mother had actually successfully.. read more →

The appeals court for north Florida reversed an order finding an ex-husband in contempt of court for failing to comply with the terms of his property settlement agreement.  While a family court judge generally has the authority to use its contempt power to enforce orders, that power does not extend to property settlements that equitably.. read more →

Most family courts in Florida employ magistrates to help move along cases.  Magistrates are not judges, and they can only hear cases with the consent of all parties.  Two prisoners, convicted of murder, were engaged in divorce proceedings that were referred to a magistrate.  The husband objected to the magistrate hearing the case, but the.. read more →

A former wife succeeded in having a domestic violence injunction issued against her ex-husband.  At her hearing on the petition for injunction, the wife testified about a history of abuse during their marriage (which ended two years prior), and stated that she saw her ex-husband’s new girlfriend with black eyes.  The appellate court on Florida’s.. read more →

A north Florida appeals court upheld an injunction against domestic violence issued after a former wife proved she was being stalked at her injunction hearing.  Stalking can occur when unwanted communications are sent to another party with no legitimate purpose.  Here, the ex-wife proved she received text messages showing photos of a noose, firearms and.. read more →