AGREEMENTS – MARITAL SETTLEMENT AGREEMENT
FRENKEL v. COSTA
So2d (Fla. 4th DCA 2020) 45 FLW D2285 (10/7//2020)
FOR AN ORAL MARITAL SETTLEMENT AGREEMENT ENTERED INTO IN OPEN COURT TO BE VALID AND ENFORCEABLE THE COURT MUST INQUIRE AND THE PARTIES MUST ACKNOWLEDGE THAT THEY HAVE DISCUSSED ALL TERMS OF THE AGREEMENT WITH THEIR ATTORNEY OR HAD THE OPPORTUNITY TO DO SO. THIS IS IN ADDITION TO THE PARTIES’ ACKNOWLEDGMENT THAT THEY HAVE AGREED TO THE TERMS AND THAT THEIR AGREEMENT WAS VOLUNTARY AND NOT COERCED.
In this case the parties appeared before the court for a temporary relief hearing. During the hearing the parties asked for a short break because they were discussing a comprehensive global settlement. The settlement was read into the record in open court before the judge and some of the terms of the agreement were negotiated on the record in open court before the Judge. Subsequently, the Wife moved to enforce the agreement and the husband moved to set it aside because it did not contain the Judge’s inquiry regarding discussing the agreement with his attorney. The trial Judge denied the Motion to Set Aside finding that she observed the husband’s discussions with his attorney in open court. The DCA reversed finding that this was insufficient.
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CHILD SUPPORT
SYLVESTER v. SYLVESTER
So.3d (Fla. 5th DCA 2020) 45 FLW D2302 (10/9/2020)
THE DEDUCTION FROM GROSS INCOME TO CALCULATE NET INCOME FOR CHILD SUPPORT PURPOSES ONLY ALLOWS A DEDUCTION FOR THE COST OF THE FATHER’S HEALTH INSURANCE FOR HIMSELF, NOT THE AMOUNT THAT HE PAYS FOR HIMSELF AND HIS CURRENT WIFE.
The statute indicates that a deduction for health insurance paid excludes the amount paid for the child. Although it does not specifically indicate that it is for the parent’s insurance without payment for others, prior cases do.
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RULES & FORMS
IN RE: AMENDMENTS TO FLORIDA FAMILY LAW RULES OF PROCEDURE
So.3d (Fla. 2020) 44 FLW S291 (11/12/2020)
FLORIDA FAMILY LAW RULES OF PROCEDURE AND FORMS ARE AMENDED EFFECTIVE JANUARY 1, 2021.
HERE IS A SUMMARY OF JUST SOME OF THE KEY AMENDMENTS.
You can review the entire Appendix to the opinion at the Florida Law Weekly Website at no charge in Rule Revisions. Subscribers may call the office to receive a copy by mail.
- 12.285 (MANDATORY DISCLOSURE AMENDMENTS)
(a) Any document served in a temporary relief hearing whether initial proceeding or supplemental proceeding:
(i) Must be served with the notice of hearing at least 10 days prior to the financial hearing …
(ii) The responding party must serve documents at least five days prior to the temporary financial hearing.
(b) Disclosure requirements for the Temporary Relief Hearing:
(i) All complete federal and state personal income tax returns, foreign tax returns for the past 3 years, including all attachments, including Forms W-2, 1099, K-1, and all accompanying schedules and worksheets comprising the entire tax return.
(ii) W-2, 1099 and K-1s for past year if return has not been filed and if returns have not been filed for any of the 2 prior years then W-2, 1099 and K-1s for those years as well.
(c) Disclosure requirements Initial or Supplemental Proceedings:
(i) Added under financial affidavit: “all documents supporting the income, assets, and liabilities figures entered into the financial affidavit must also be produced”
(ii) All complete federal and state personal income tax returns, foreign tax returns for the past 3 years, including all attachments, including Forms W-2, 1099, K-1, and all accompanying schedules and worksheets comprising the entire tax return.
(iii) W-2, 1099 and K-1s for past year if return has not been filed and if returns have not been filed for any of the 2 prior years then W-2, 1099 and K-1s for those years as well.
(iv) Pay stubs for 6 months before compliance with mandatory disclosure (instead prior provision of 3 before filing the financial affidavit).
(v) In addition to the disclosure of loan applications and financial statements, disclosure must also include credit reports, any other form of financial disclosure, including financial aid forms. The change also extends period from 12 months to 24 months.
(vi) Deeds evidencing ownership in property held at any time during the last 3 years. In additional to promissory notes, other documents evidencing money owed to either party and extends period to 24 months. All leases wherein either party is receiving or has received payments within last 3 years for leased real or personal property, or owns or owned an interest.
(vii) Checking account periodic statements extended to 12 months from 3 months. Statements to be produced now includes those for minor or adult dependent child of both parties. For all accounts that have check-writing privileges, copies of canceled checks and registers, whether written or electronically maintained, shall be produced so that the payee and purpose of each individual instrument can be ascertained.
(viii) Regarding Brokerage accounts: now includes: those for minor or adult dependent child of both parties. For all accounts that have check-writing privileges, copies of canceled checks and registers, whether written or electronically maintained, shall be produced so that the payee and purpose of each individual instrument can be ascertained.
(ix) Retirement: extends to production of payments for the past 12 months.
(x) Adds: New (11) provision regarding 12 months of statements for virtual currency transactions.
(xi) Adds life insurance policy statements for the past 12 months.
(xii) Deletes 30% interest in business before corporate, etc. returns must be produced.
(xiii) Adds to promissory notes credit card and charge cards: extends to 24 months from 12. Notes whether paid or not. Adds those for minor or adult dependent child of both parties.
(xiv) Adds to agreements production: all affidavits and declarations of non-paternity or judgments disestablishing paternity.
- Rules 12.491:
(a) Notice or Order setting cause for hearing must include the following language in bold type: See Rule for the exact language regarding seeking review of Order.
(b) Provides that the notice or order setting the hearing shall state whether electronic recording or a court reporter is provided and if the court provides electronic report, a court may provide a court report at that party’s expenses.
(c) The Recommended Order must contain the name and address of court reporter if present. If hearing was electronically reported, the Recommended Order must contain information as to how a litigant can obtain a copy of the recording.