Below you'll find a list of all posts that have been categorized as “Law Updates”
(1) Grounds for the termination of parental rights may be established under any of the following circumstances: (a) When the parent or parents have voluntarily executed a written surrender of the child and consented to the entry of an order giving custody of the child to the department for subsequent adoption and the department is willing to accept custody of the child. …
HASLAUER v. HASLAUER So. 3d (Fla. 1st DCA 2024) 49 FLW D544 (3/6/2024) ATTORNEY’S FEES SPENT ON THE DISSOLUTION OF MARRIAGE ACTION ARE CONSIDERED REASONABLE LIVING EXPENSES. WHERE A SPOUSE DEPLETES AN ASSET FOR ATTORNEY’S FEES OR REASONABLE LIVING EXPENSES AND THERE IS NO FINDING OF MISCONDUCT, THE ASSET SHOULD NOT BE ASSIGNED TO THAT SPOUSE AS PART OF THE …
LEVY v. LEVY So. 3d (Fla. 3d DCA 2024) 49 FLW D527 (3/6/2024) FOR THE TRIAL COURT TO FACTOR BOTH THE IN-KIND PAYMENTS REPRESENTED BY THE WIFE’S BROTHER’S PROVIDING THE WIFE WITH A RENT-FREE APARTMENT AND THE GIFTS OF HER BOYFRIEND INTO THE WIFE’S FUTURE INCOME, THE TRIAL COURT MUST DETERMINE THAT THESE PAYMENTS ARE REGULAR AND EXPECTED. THE TRIAL …
DEASY v. DEASY So. 3d (Fla. 4th DCA 2024) 49 FLW D1023 (5/15/2024) ALTHOUGH §61.075(6)(b)5. PROVIDES THAT ANY LIABILITY INCURRED BY FORGERY OR UNAUTHORIZED SIGNATURE OF ONE SPOUSE SIGNING THE NAME OF THE OTHER SPOUSE IS A NONMARITAL LIABILITY OF THE PARTY HAVING COMMITTED THE FORGERY OR AFFIXING THE SIGNATURE, THIS DOES NOT APPLY TO THE BACK TAXES OWED BY …
ATHEA v. ATHEA So. 3d (Fla. 3d DCA 2024) 49 FLW D1148 (5/29/2024) EVEN THOUGH THE WIFE HAD A MASTER’S DEGREE IN ENGINEERING, IT WAS ERROR TO IMPUTE $40,000 PER YEAR INCOME TO THE WIFE WHERE THE HUSBAND DID NOT PRESENT EVIDENCE OF THE PREVAILING EARNINGS LEVEL IN THE COMMUNITY. NOR DID THE COURT MAKE PARTICULARIZED FINDINGS REGARDING THE WIFE’S …
MACPHERSON v. MACPHERSON So. 3d (Fla. 6th DCA 2024) 49 FLW D1000 (5/10/2024) THE TRIAL COURT ERRED WHEN IT DETERMINED THAT A LOAN FROM THE HUSBAND’S PARENTS THAT WAS USED TO PURCHASE THE MARITAL RESIDENCE WAS A MARITAL LIABILITY WHEN THE LOAN HAD BEEN PAID OFF PRIOR TO THE DATE THAT THE PETITION WAS FILED. This is true even though …
FLUHART v. RASMUSSEN So. 3d (Fla. 5th DCA 2024) 49 FLW D753 (4/4/2024) THE MOTHER APPEALED A FINAL JUDGMENT OF DOM WHICH RATIFIED AND ADOPTED THE REPORT AND RECOMMENDED FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE SUBMITTED BY THE GENERAL MAGISTRATE FOLLOWING EVIDENTIARY HEARINGS. HOWEVER, SHE DID NOT FIRST FILE A MOTION TO VACATE THE RECOMMENDED FINAL JUDGMENT AND BY THIS …
EQUITABLE DISTRIBUTION – DIVISION HINES v. WILLIAMS So. 3d (Fla. 4th DCA 2024) 49 FLW D400 (2/21/2024) WHERE THE TRIAL COURT FAILED TO MAKE SPECIFIC FACTUAL FINDINGS REGARDING ITS DISTRIBUTION OF THE ASSETS AND DEBTS OR ITS DETERMINATION OF MARITAL AND NONMARITAL ASSETS AND DEBTS PURSUANT TO §61.075, THE JUDGMENT MUST BE REVERSED. THIS IS TRUE EVEN THOUGH NO TRANSCRIPT …
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 …
As of February 2024, there have been a couple important updates to laws that you should know about, see below. ATTORNEY’S FEES – ENTITLEMENT CLETCHER v. CLETCHER So. 3d (Fla. 2d DCA 2022) 47 FLW D2043 (10/7/2022) THE TRIAL COURT’S ORDER REQUIRING THE HUSBAND TO PAY ATTORNEY’S FEES TO THE WIFE WAS REVERSED BECAUSE THE WIFE HAD A GREATER …
