Where a party has majority time-sharing they may be entitled to exclusive use and possession of the marital home until the youngest child is emancipated. In Lowry v. Lowry, the 5th District Court of Appeals for the State of Florida held that the trial court had abused its discretion by granting former husband’s request to …
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If you have a prenuptial agreement and there is going to be a question of enforcement before a court it is important that you have substantial and competent evidence to support your enforcement claim. You need to be able to prove your case. In the case of Dalmazo v. Dalmazo, the Third District Court of …
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We recently had success in pursuing a private cause of action for termination of parental rights where a child had been, abandoned, abused, and neglected by the Mother. Such private causes of actions, as opposed to actions brought by the Department of Children and Families, are both uncommon and complex . The trial lasted several …
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In Dills v. Perez, the Florida 5th District Court of Appeals found the trial court had committed reversible error where it terminated the Former Husband’s alimony obligation on remarriage of the Former Wife. While Florida Statute Section 61.08(7) mandates that an award of durational alimony terminates on death or remarriage of the party receiving alimony, …
Where an order or judgment in a divorce or paternity case requires a party to pay uncovered medical expenses one might think that to be enforceable by contempt. Not necessarily. Enforceability thorough contempt may depend on exactly what the order or judgment states and how specific it is. For instance an order of contempt has …
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Yes, a prenuptial agreement and/or a provision of a prenuptial agreement can be invalidated by the court. Courts invalidate prenuptial agreements for reasons like their violation of public policy, duress, a lack of full financial disclosure, or fraudulent financial disclosure. Section 61.079(7)(a), Florida Statutes (2019), in relevant part, provides: “A premarital agreement is not enforceable …
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Pursuant to Florida Statutes Section 61.14(b)(1) a court may reduce or terminate an award of alimony upon specific written findings by the court that since the granting of a divorce and the award of alimony a supportive relationship has existed between the obligee and a person with whom the obligee resides. The burden is on …
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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 …
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; …
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 …
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