In making a child custody and visitation award that provides for ultimate decision-making, a trial court must delineate the specific areas over which a parent can exercise this authority. In a recent case captioned McClure v. Beck, the former wife filed an appeal of a lower court decision which modified…
In making an alimony award, adultery and infidelity can only be considered by the trial judge when the adulterous conduct involves the dissipation of marital assets. In a case captioned Keyser v. Keyser, the parties were married for twenty-years. This is considered a long term marriage. When there is a…
In contesting prenuptial agreements, parties should either establish fraud, duress, overreaching or that the agreements are unfair or make unreasonable provision for spouses. In determining whether agreements are unfair or make unreasonable provision for spouses, courts look at the parties relative situations, their ages, health, education, financial status. In Hahamovitch v. Hahamovitch,…
In calculating alimony, income will be imputed to the owner of non-income producing assets. In a case captioned Sherlock v. Sherlock, the husband appealed the final judgment dissolving the parties’ marriage. The parties were married for seventeen years. A seventeen year marriage is rebuttably presumed to be a long-term marriage.…
Modification of Child Custody and Visitation will only be granted where there is a substantial, unanticipated, material, change in circumstances and where a modification is in the best interests of the children. In D.M.J v. A.J.T a final judgment was entered by the trial court in 2011. A parenting plan…
Restrictions on child custody and visitation by a judge in a court order must be accompanied by a description of the steps that a parent can take to reestablish unsupervised custody and visitation. In a recent case captioned Bahls v. Bahls a parent asked for a rehearing on a prior…
In a paternity unwed/unmarried parents case, two men both sought to be declared the father of a child. In J.A.I. v. B.R., the Florida Court of Appeal stated if a person signs a notarized voluntary acknowledgment of paternity, this acknowledgment creates a presumption of paternity that is rebuttable. When 60…
Modification of child custody and visitation orders require a substantial, material change of circumstances since the Court’s prior custody decision. Additionally, the movant must demonstrate that the children’s best interest justify a change in custody. In Chamberlain v. Eisinger, the Florida Court of Appeal had a case before it in…
The division of property and assets in a Marital Settlement Agreement can be contested in two ways. The first basis to challenge a Marital Settlement Agreement is for fraud, coercion or misrepresentation. The second basis to challenge a Martial Settlement Agreement is for unfairness. In a recent case captioned Hall…
On Behalf of Matthew Lane & Associates, P.A. | Jan 15, 2016 | Division Of Property And Assets The division of property and assets in a Marital Settlement Agreement can be contested in two ways. The first basis to challenge a Marital Settlement Agreement is for fraud, coercion or misrepresentation.…