Family Law Case Updates – August 2014

Alimony:

Mills v. Mills, 39 Fla.L.Weekly D1569 (Fla. 2^nd DCA 2014).  Error to award alimony when obligor had no ability.  Trial court not required to equalize financial positions especially when it is clear both parties remain in a situation where their income does not cover their expenses.

Attorneys’ Fees:

Chadbourne v. Chadbourne, 39 Fla.L.Weekly D1740 (Fla. 1^st DCA 2014).  Error not to award Wife attorneys’ fees when husband left with net worth of $17 million and Wife had net worth of $1 million.  To require Wife to pay $200,000 in fees would require inequitable diminution of equitable distribution.

Domestic Violence:

Droke v. Andino, 39 Fla.L.Weekly D1780 (Fla. 5^th DCA 2014).  Error to enter injunction against repeat violence based on one incident of violence.

Selph v. Selph, 39 Fla.L.Weekly D1695 (Fla. 4^th DCA 2014).  Evidence of oppressive relationship insufficient to support domestic violence injunction.

Parrish v. Parrish, 39 Fla.L.Weekly D1623 (Fla. 2^nd DCA 2014).  Error for court to deny domestic violence based on erroneous belief that incident predated agreement to dismiss previous domestic violence injunction.

Branson v. Rodriguez Linares, 39 Fla.L.Weekly D1568 (Fla. 2^nd DCA 2014).  Injunction affirmed when basis was staling.  No evidence of domestic violence or reasonable fear of domestic violence needed.

Enforcement:

Goff v. Goff, 39 Fla.L.Weekly D1762 (Fla. 4^th DCA 2014).  Trial court reversed for requiring husband to support child staying at college through 21^st birthday when husband agreed to support child through 21^st birthday only if she was living at home with her Mother.

Fuller v. Fuller, 39 Fla.L.Weekly D1575 (Fla. 2^nd DCA 2014).  Error for trial court to enter order granting contempt when court orally announced it would deny contempt.  Remanded for appropriate findings.

Equitable Distribution:

Ballard v. Ballard, 39 Fla.L.Weekly D1670 (Fla. 1^st DCA 2014).  Trial court erred charging a $42,000 account to husband that had significantly diminished by time of trial without finding that husband used funds inappropriately.

Imputation:

Steele v. Love, 39 Fla.L.Weekly D1534 (Fla. 4^th DCA 2014).  Trial court affirmed for imputing regular in kind gifts from husband’s parents that reduced his living expenses as income.

Modification:

Anderson v. Durham, 39 Fla.L.Weekly D1747 (Fla. 1^st DCA 2014).  Trial court erred in denying former husband’s petition for modification of alimony when former husband had a decrease in income due to good faith retirement and trial court gave no explanation as to denial.

Parenting:

Pierson v. Pierson, 39 Fla.L.Weekly D1741 (Fla. Dr1st DCA 2014).  Error to award Wife ultimate authority over children’s religious upbringing and prohibiting father from doing anything that conflicts with Catholic religion in front of children when there was no evidence children were harmed by Father’s religious beliefs.

Mills v. Mills, 39 Fla.L.Weekly D1569 (Fla. 2^nd DCA 2014).  Error to fail to include holiday timesharing schedule in parenting plan.

Procedure:

McGee v. McGee, 39 Fla.L.Weekly D1797 (Fla. 1^st DCA 2014).  Error to transfer venue to county where venue would not be appropriate.

Julia v. Julia, 39 Fla.L.Weekly D1792 (Fla. 4^th DCA 2014).  Court deprived wife due process in denying her opportunity to present case or provide closing argument.

Relocation:

Rolison v. Rolison, 39 Fla.L.Weekly D1625 (Fla. 1^st DCA 2014).  61.13001 does not apply if parent relocate child before petition for dissolution of marriage is filed.

Support:

Christensen v. Christensen, 39 Fla.L.Weekly D1741 (Fla. D1741 (Fla. 1^st DCA 2014).  Error not to include alimony paid when calculating support.

Bower v. Hansman, 39 Fla.L.Weekly D1685 (Fla. 3^rd DCA 2014).  Error to include child support received for child from another relationship as income when calculating support.

Ballard v. Ballard, 39 Fla.L.Weekly D1670 (Fla. 1^st DCA 2014).  Trial court erred by failing to impute income to determine support to father who voluntarily retired early and was capable of work.

Johnson v. Mccullough, 39 Fla.L.Weekly D1639 (Fla. 4^th DCA 2014).  Trial court reversed for adopting a child support worksheet submitted after hearing as this is not evidence.