In a divorce proceeding involving alimony, a spouse claiming income should be imputed to an unemployed or underemployed spouse must show that the unemployed or underemployed spouse is employable and that jobs are available. In order to determine the amount of income to impute, the Court must consider the spouses’…
In a Florida paternity proceeding involving Father’s rights, in order for the court to require a Father to pay life insurance to secure a child support obligation, the trial court must make certain written findings. Fla. Stat. 61.13(1)(c) states that: “To the extent necessary to protect an award of child support,…
The pending Florida Alimony Reform Bill was recently revised in the Florida Senate. The original version of the bill was replaced by a committee substitute. The revised bill creates new alimony guidelines. In calculating alimony, the Court is to first calculate the amount of each party’s monthly gross income. Included in a…
A Petition for alimony or termination of alimony may be filed by an alimony obligor based upon his or her actual retirement, under the new alimony reform bill that was recently introduced in the Florida House of Representatives. In order for there to be a termination or modification of alimony,…
The modification of alimony as a result of cohabitation and the entry into a supportive relationship was recently addressed as part of the Florida Alimony Reform Legislation that was introduced in the 2015 session of the Florida House of Representatives. Under the proposed legislation, the court may reduce alimony or…
Florida Alimony Reform legislation recently failed in the Florida legislature with the early departure of the Florida House of Representatives on April 28, 2015. A special session for the Florida legislature is likely to take place on June 1, 2015, however, Alimony Reform legislation may or may not be addressed…
In a Modification of Child Custody & Visitation proceeding, Courts are required to keep in mind the fact that a parent has a constitutionally protected right to a meaningful relationship with his or her children and timesharing privileges should not be denied to either parent as long as the parent…
Modification of child support in Florida was recently explained in Arquette v. Rutter. In Arquette v. Rutter the Florida Court of Appeal stated: “This court recently explained the circumstances, under the UIFSA, in which a Florida court may modify a child support order issued in another state: [A]s is the…
To modify a division of property and assets, there must be a specific reservation of jurisdiction in the final judgment to make a later adjudication of property rights. In Daoud v. Daoud the Florida Court of Appeal recently stated: “Dora S. Daoud, the former wife, raises four issues in this appeal…
Modification of Out of State Order in Divorce Proceedings in Palm Beach County, FL In a divorce proceeding seeking the modification of an out of state court order, a court may modify a child support order that was issued in another state under certain specific circumstance. In Arquette v. Rutter,…