Family Law Case Updates – July 2013

Alimony:

Schmidt v, Schmidt. 38 Fla.L.Weekly D1491 (Fla. 4^th DCA 2013).  Award of $25,000 alimony per month reversed when it included significant expenses for marital home which is being sold, expenses no longer incurred and a savings component.

Attorneys’ Fees:

Ingram v. Ingram, 38 Fla.L.Weekly D1430 (Fla. 5^th DCA 2013).  Award of $2,500 in attorneys fees reversed when only evidence regarding fees was attorney’s statement he was seeking $2,500 in fees.

Domestic Violence:

Brillhart v. Brillhart, 38 Fla.L.Weekly D1454 (Fla. 2^nd DCA 2013).  Domestic violence injunction in favor of daughter against Mother reversed when it was based on hearsay evidence and an unqualified expert.

Enforcement:

Wrieden v. Wrieden, 38 Fla.L.Weekly D1457 (Fla. 4^th DCA 2013).  Order of contempt reversed because MSA provided Former Husband had to pay Former Wife’s rent at a specific address.  Former Husband cannot be held in contempt for failing to pay rent after Former Wife moved from specifically referenced residence.

Ingram v. Ingram, 38 Fla.L.Weekly D1430 (Fla. 5^th DCA 2013).  Order holding Former Husband in contempt for failing to produce records relating to his 401(k).  Former Husband’s unsworn telephonic testimony that only two years of statements were available online.  It is hard to imagine Former Husband could not obtain necessary documents from his employer.

Equitable Distribution:

Schmidt v, Schmidt. 38 Fla.L.Weekly D1491 (Fla. 4^th DCA 2013).  Valuation of Husband’s business remanded as it included “personal goodwill” which is not a marital asset subject to division.  If valuation requires party to execute non-compete clause, it is clear the value includes personal goodwill.

Misc.:

Hagood v. Wells Fargo, 38 Fla.L.Weekly D1437 (Fls. 5^th DCA 2013).  Two attorneys were fined on the Court’s own motion $1,000 each for negligent handling of case.  Be cautioned: each attorney whose name appears on a legal document is responsible for the contents of the entire document.

Modification:

Canino v. Cinono, 38 Fla.L.Weekly D1395 (Fla. 4^th DCA 2013).  If parents agree Mother can relocate child to another state, and Mother and child return, original timesharing schedule is not automatically reinstated.  Distinguishes 61.13002 that deals with relocation “due to military service”.

Paternity:

Bradberry v. Sweeney, 38 Fla.L.Weekly D1418 (Fla. 1st DCA 2013).  Order granting biological Father’s motion to intervene in dependency proceeding reversed as biological Dad does not qualify as “extended family member”.  Child was born when Mother was in an intact marriage with another man.    Mother died.  Husband agreed maternal grandmother should be child’s guardian.  Sweeney’s contribution of DNA resulting in the birth of this child does not establish him as an “extended family member” when legal father to whom Mother was married to at the time and whose name appeared on the child’s birth certificate.

Procedure:

In Re: Family Law Forms, 38 Fla.L.Weekly S505 (Fla. 2013).  Revises 26 family law forms.

In Re; Family Law Form 12.996(d), 38 Fla.L.Weekly S505 (Fla. 2013).  Amends “Income Withholding for Support” to comply Florida  statutes.

Support:

Sasseen v. Sasseen, 38 Fla.L.Weekly D1521 (Fla, 5^th DCA 2013).  Trial Court failed to include unpaid arrears from temporary relief order in final judgment.

Busciglio v. Busciglio, 38 Fla.L.Weekly D1449 (Fla. 2^nd DCA 2013).  Error to require Mother to pay private school when school was really a public charter school with no tuition.  The school did request a donation which the parties traditionally paid.  Court could not require Mother  to make a voluntary contribution.

Temporary Relief:

Clore v. Clore, 38 Fla.L.Weekly D1438 (Fla.5^th DCA 2013).  Order of temporary support vacated as it appears to exhaust 100% of  Husband’s income.  Remanded for another temporary relief hearing and Husband afforded opportunity to get his financial disclosure in order.