Child Custody & Visitation – Exposure to the Religious Practices of Both Parents in Florida Children may be exposed to the religious practices of both parents. “The parties disagree regarding the religious upbringing of the children. The mother wishes to raise the children in the Catholic faith, which is inconsistent…
Enforcement – Contempt of Court in Florida If a party has a good faith basis to questions whether payments are required, contempt of court is not the appropriate remedy. An order requiring payment is the more appropriate course of action. “Because the husband had a good faith basis to question…
Alimony – Unallocated Alimony in Florida An unallocated/undifferentiated award must differentiate between child support and alimony so that a reviewing court can determine if the support guidelines were followed. “A support award that fails to differentiate between child support and alimony is improper because it renders the appellate court unable…
On Behalf of Matthew Lane & Associates, P.A. | Jun 18, 2011 | Division Of Property And Assets Division of Marital Property and Marital Assets – Classification of Marital Assets in Florida Assets and liabilities not in existence on the date of filing, the date of separation, or the date…
An order holding a party in civil contempt must recite the facts upon which the finding of present ability to pay is based. “An order holding a party in civil contempt must recite the facts upon which the finding of present ability to pay is based. Fla. Fam. L. R.P.…
In a child custody proceeding, a judgment can be issued against a party who fails to appear at a final hearing. However, the party failing to appear can challenge the proceeding under Rule 1.540(b). “This case, however, was not decided upon a default but upon a full hearing with witnesses…
Income that can be derived from an IRA can be utilized to determine ability to pay. “The wife challenges the trial court’s inclusion of IRA income in its determination of her ability to support herself. She contends that the court erred as a matter of law in concluding that income…
If a party obtains an award of retroactive alimony, that party may also obtain prejudgment interest on the award. “Also, the Wife is entitled to prejudgment interest on the alimony arrearage owed by the Husband. See Burkley v. Burkley, 911 So. 2d 262, 271 (Fla. 5th DCA 2005) (“[T]he court…would…