Stephens’ Squibs – March 2013

Agreements:

Schecter v. Schecter, 38 Fla.L.Weekly D517 (Fla. 3rd DCA 2013).  Order terminating temporary alimony affirmed when Husband had already paid ten times what he contracted to pay in prenuptial agreement and Wife had money to support herself.   Court reversed for terminating attorney fee payment when fees were not waived in prenuptial agreement.

Smith v. Smith, 38 Fla.L.Weekly D637 (Fla. 4th DCA 2013).   Denial of modification based upon supportive relationship affirmed when MSA provided for non-modifiable alimony that shall only terminate upon death or remarriage.  Contract was unambiguous

Alimony:

Payton v. Payton, 38 Fla.L.Weekly D513 (Fla. 1st DCA 2013).  Award of alimony arrearages reversed when not based on substantial evidence.  Award of alimony remanded to determine if health insurance expenses were double-dipped.

Broemer v. Broemer, 38 Fla.L.Weekly D536 (Fla. 1st DCA 2013).  Award of durational alimony in 27 year marriage without necessary findings remanded for explanation.  Imputed income to Wife with medical issues affirmed.

Attorneys’ Fees:

Hardman v. Koslowski, 38 Fla.L.Weekly D465 (Fla. 1st DCA 2013)  Award of attorneys’ fees resulting from contempt order reversed when court failed to conduct inquiry of the parties’ current financial situations, needs, or abilities,  Trial court required to determine need and ability to pay before imposing this monetary sanction.

Dybalski v. Dybalski, 38 Fla.L.Weekly D585 (Fla. 5th DCA 2013).  Award of attorneys’ fees for vexatious litigation when Husband dismissed modification when there was no record evidence of unnecessary litigation.

Domestic Violence:

Bacchus v. Bacchus, 38 Fla.L.Weekly D490 (Fla. 5th DCA 2013).  Order extending domestic violence reversed when it was based upon evidence Husband communicated with Wife through third parties, as that is insufficient.  However, matter remanded as Wife never had opportunity for full evidentiary hearing to determine if permanent injunction is appropriate.

Enforcement:

Hardman v. Koslowski, 38 Fla.L.Weekly D465 (Fla. 1st DCA 2013) Order finding Former Wife in contempt for failing to provide “normal and usual routine” contact is reversed.  Because there was no order in place requiring “normal and usual routine” contact, one may not be held in contempt for violating something that an order does not say.

Maddox v. Florida, 38 Fla.L.Weekly D496 (Fla. 5th DCA 2013).  Order finding Former Wife in criminal contempt reversed when Former Wife was not permitted to introduce evidence of mitigating circumstances for sentencing.

Equitable Distribution:

George v. George, 38 Fla.L.Weekly D497 (Fla. 2nd DCA 2013).  Order modifying QDRO to reflect changes in social security payment reversed because court has no authority to modify property division.

Evidence:

Carrillo v. Carrillo-Jimenez, 38 Fla.L.WeeklyD651 (Fla. 4th DCA 2013).  Writ of certiorari seeking to quash social investigation order that included confidential child-therapist information without child consent or appointment of guardian ad litem denied as parent lacked standing o assert privilege.

Imputation:

Eckert v. Eckert, 38 Fla.L.Weekly D475 (Fla. 4th DCA 2013).    Finding that parties agreed Wife would not work during marriage, therefore no imputation reversed when not supported by the evidence.

Life Insurance:

Eckert v. Eckert, 38 Fla.L.Weekly D475 (Fla. 4th DCA 2013).    Award of $2,000,000 life insurance reversed when no findings as to availability, cost or special need.

Misc.

Gaudette v. Gaudette, 38 Fla.L.Weekly D610 (Fl. 4th DCA 2013).  Final judgment finding there was evidence of cost of health insurance reversed, expense was listed on Husband’s financial affidavit.

Modification:

Garren v. Oliver, 38 Fla.L.Weekly D675 (Fla. 1st DCA 2013).  Trial court erred in failing to reduce child support based upon time-sharing schedule.

Parenting:

Fazzoro v. Fazzoro, 38 Fla.L.Weekly D578 (Fla. 2nd DCA 2013).  Award of ultimate decision making reversed when court made no oral or written findings (not that they are required) because record reveals no logic or justification.

Procedure:

Ozuna v. Sheard, 38 Fla.L.Weekly D657 (Fla. 3rd DCA 2013).  Order transferring venue to Broward where both parties reversed when mother originally obtained Administrative Support Order in Miami-Dade and then filed modification in Miami-Dade.  Venue party chooses in presumptively correct.

Relocation:

Eckert v. Eckert, 38 Fla.L.Weekly D475 (Fla. 4th DCA 2013).  Order allowing relocation reversed when no findings of fact and it appears it was based upon Wife having another home at another location.  This cannot be the sole basis for granting relocation.

Support:

Oliver v. Oliver, 38 Fla.L.Weekly D625 (Fla. 5th DCA 2013).  Final judgment providing Husband to contribute to all medical costs reversed to provide contribution limited to non-elective and reasonable and necessary medical expenses.

Effective April 1, 2013, Eddie Stephens is a partner with Ward Damon Posner Pheterson & Bleau PL.

Eddie Stephens, Esq.

Board Certified Marital & Family Attorney

Ward Damon Posner Pheterson & Bleau PL

4420 Beacon Circle

West Palm Beach FL 33407

561.594.1775 Direct

561.842.3000 Main

561.842.3626 Fax

EStephens@WardDamon.com

www.WardDamon.com

 

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