On Behalf of Matthew Lane & Associates, P.A. | Nov 20, 2011 | Child Support In order for the substantial time-sharing adjustment to child support to be effective, there must be a court ordered parenting plan in effect. “Here, the statutes’ plain meaning evidences the Legislature’s intent to require deviations…
In awarding alimony, a trial court must make findings of fact for each factor, even if alimony is denied. “Here, the court simply denied the Former Wife’s request for alimony because the Former Husband was going to make an equalizing payment and this was a short-term marriage. However, the trial…
Statute of Limitations for Enforcement of Alimony & Child Support – in Florida No statute of limitations applies to enforcement of alimony or child support obligations; although laches can apply. “Florida does not have a limitations period for I enforcement of alimony or child-support orders, and thus Florida’s unlimited period…
The remedies employed by the trial court should be viewed as a whole to determine whether they accomplish equity between the parties. “A trial court has broad discretion in determining which remedy to apply to accomplish equity between the parties in a dissolution proceeding. See Canakaris v. Canakaris, 382 So.…
Trial Court has jurisdiction over a petition for modification during the pendency of an appeal. “Both the Third and Fourth Districts have held that the trial court has jurisdiction over a petition for prospective downward modification of alimony and/or child support even while the appeal of an initial award of…
Once a party is ordered to make an equitable distribution of funds, even if the value of those funds is diminished by market conditions, the dollar amount that is required to be distributed will not be diminished. “Even if Former Wife’s half of the funds diminished due to market conditions,…
(ix) An award of rehabilitative alimony must provide an end date for the payments. “Although the final judgment awards the Former Wife $3500 a month as rehabilitative alimony and states that the purpose was for the Former Wife to complete her education, the trial court did not provide an end…
A finding of criminal contempt of court must be based upon a finding that a party has the present ability to pay. [T]he court’s finding that Mr. Keeler had the present ability to pay was ‘based upon his history of obtaining funds when needed.’ In Bowen v. Bowen, 471 So.…
The standard of review for child relocation cases is abuse of discretion. “This court reviews a trial court’s decision on a petition to relocate for an abuse of discretion. See Botterbusch v. Botterbusch, 851 So. 2d 903, 904 (Fla. 4th DCA 2003).” Rossman v. Profera.
If the obligor fails to demonstrate his or her income during the retroactive period, the Court shall apply the current child support guidelines to calculate retroactive child support payments. “In addition, the ALJ erred in using Finch’s current monthly income to compute the retroactive support obligation. The use of current…