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 …

Miami Paternity & Child Support Lawyer

PATERNITY LAWYER PARENTING PLANS (CUSTODY/VISITATION/PARENTAL RESPONSIBILITY) CHILD SUPPORT LAWYER RELOCATION LAWYER APPEALS MIAMI PATERNITY LAWYER As paternity and child support lawyers we regularly help clients navigate paternity cases. Paternity cases involving parental responsibility, time-sharing, and child support can be highly emotional and traumatic. You need a lawyer on your side that understand that to help …

Miami Divorce & Family Lawyer

We are divorce and family lawyers who care about our clients and work hard to obtain favorable outcomes for them. Our divorce and family lawyers have assisted clients with contested and uncontested divorce, custody and visitation (parenting plans), equitable distribution, alimony, high asset divorce, prenuptial agreements, marital agreements, child support, domestic violence, relocation, enforcement, issues …