Family Law Case Updates – October 2014

Alimony:

Ayra v. Ayra, 39 Fla. L. Weekly D2059 (Fla. 2^nd DCA 2014).  Error not to award nominal permanent alimony to wife in 20 year marriage where she had a need.

Attorney fees:

Williams v. Williams, 39 Fla. L. Weekly D2095 (Fla. 5^th DCA 2014).  Trial court erred awarding wife attorney’s fees without necessary findings and where record contained no support for award.

Enforcement:

Payton v. Payton, 39 Fla. L. Weekly D2188 (Fla. 1^st DCA 2014).  Trial court cannot hold party in contempt of an order that has been reversed.

Equitable Distribution:

McMullen v. McMullen, 39 Fla. L. Weekly D2158 (Fla. 1^st DCA 2014).  Trial court erred in finding $250,000 distribution from non-marital joint venture was subject to equitable distribution.  However, there was competent substantial evidence to support finding of enhancement in value to husband’s non-marital venture.

Injunctions:

Hawthorne v. Butler, 39 Fla. L. Weekly D2207 (Fla. 4^th DCA 2014).  Fact no contact order exists is insufficient basis to deny injunction against sexual violence.

Wyandt v. Voccio, 29 Fla. L. Weekly D2181 (Fla. 2^nd DCA 2014).  Injunction against stalking reversed when record does not contain two incidents of stalking.  Vulgarities yelled from group not attributed to Respondent does not constitute instance of stalking.

Pashtenko v. Pashtenko, 39 Fla. L. Weekly D2179 (Fla. 2nd DCA 2014).  Trial court erred in denying petition for injunction against stalking by failing to set forth legal grounds for denial in written order pursuant to 784.0485 (5)(b).

Banks v. McFarland, 39 Fla. L. Weekly D2155 (Fla 1^st DCA 2014).  Words, without overt act that would create well-founded fear violence was imminent, were insufficient to support injunction against repeat violence.

Life Insurance:

Velaga v. Gudapari, 39 Fla. L. Weekly D2191 (Fla. 2^nd DCA 2014).  Trial court’s judgment requiring life insurance to secure obligation remanded because it did not include findings the obligor can afford or special circumstances that warrant award.

Modification:

Herbst v. Herbst, 39 Fla. L. Weekly D2059 (Fla 2^nd DCA 2014).  Trial court erred in terminating alimony upon former wife’s remarriage when agreement provided non-modifiable alimony for the rest of former wife’s life.  Failure to address former wife’s remarriage does not render agreement ambiguous.

Support:

Williams v. Williams, 39 Fla. L. Weekly D2095 (Fla. 5^th DCA 2014).  Error to award unemployed wife child dependency without an explanation or reason.

Ayra v. Ayra, 39 Fla. L. Weekly D2059 (Fla. 2^nd DCA 2014).  Trial court erred by failing to allocate uncovered medical expenses in the same percentage of parties’ respective share of child support obligation.