Modification Of Child Support Limited To Date of Filing Petition For Modification Of Child Support

Child support does not automatically modify when there is a change in circumstances that warrants it, a party must file a supplemental petition for modification of it.  When there has been a substantial change in circumstances warranting a modification of child support a parent needs to file a supplemental petition for modification of child support …

Attorney’s Fees and Alimony Awards Must Be Supported By Findings Of Fact Including Need And Ability To Pay

If you hope to obtain an attorney’s fee award, temporary support, or alimony in a divorce case you need to present evidence to the court of your need and the other parties ability to pay. Evidence presented should include the standard of living established during the marriage; the contribution of each party to the marriage; …

Can A Stalking Injunction Or Domestic Violence Injunction Be Modified?

Modification of Stalking Injunctions and Domestic Violence Injunctions Yes.  Stalking injunctions and domestic violence injunctions can be modified or dissolved under Florida law where there has been a substantial change in circumstances warranting the change.  Where a party seeks to modify a stalking or domestic violence injunction and sufficient allegations are made in a motion …

Relief from Injunction Against Stalking Pursuant to Florida Rule of Civil Procedure 1.540

Stalking Injunction Respondent, John Richards asked for relief from an injunction against stalking pursuant to Florida Rule of Civil Procedure 1.540.  Florida Rule of Civil Procedure 1.540 provides the possibility of relief from an order, judgment, or decree where there has been a clerical mistake, mistake, inadvertence, excusable neglect, newly discovered evidence, or fraud. There …

Can I Get My Lawyer’s Fees Paid By The Other Side In A Divorce Or Paternity Case?

The answer in one word is, sometimes. Pursuant to Florida Statute Section 61.16: “The court may from time to time, after considering the financial resources of both parties, order a party to pay a reasonable amount for attorney’s fees, suit money, and the cost to the other party of maintaining or defending any proceeding under …

Should a Brokerage Account Funded with Inherited Money be Considered Marital?

In a Divorce case the court determines what assets and liabilities are marital and which are not and equitably divides the marital assets and liabilities. The Third District Court of Appeals entered an opinion in the case of Gromet v. Jensen reversing the trial court for its decision to consider three brokerage accounts funded with …

Divorce, Equitable Distribution, Court Must Identify Marital Or Nonmarital Status of Assets and Liabilities and Value Them

In a divorce case with assets and liabilities, the court must identify what assets and liabilities are marital and what are non-marital and then assign values to the assets and liabilities so they can be divided in equitable distribution. Determining what is marital and what is non-marital generally starts with a determination of what assets …

In Kind Benefits, Military Overseas Housing Allowance, Count Towards Income For Child Support

In The Department of Revenue v. Price, the Fists District Court of Appeals for the State of Florida ruled that the Father’s overseas housing allowance should have been included as part of the Father’s gross income for the purposes of determining income for the calculation of child support. Florida Statutes Section 61.30 broadly defines income …

Divorce, Equitable Distribution, Court Set Listing Price Marital Property

In Ghannam v. Ghannam, the Fifth District Court of Appeals for the State of Florida decided that the trial court did not commit harmful error when it ruled that the Husband could not sell a marital property to his purported friend for $55,000 and that the property should be listed for sale for $95,000. The …