Family Law Case Updates – June 2015

Attorneys’ Fees:

Haywald v. Fougere, 164 So.3d 786 (Fla. 1^st DCA 2015).  When court equalizes income by alimony, it is error to award fees based on ability as both parties should have same relative ability.

Tucker v. Tucker, 165 So.3d 798 (Fla. 4^th DCA 2015).  Fees incurred enforcing charging lien cannot be included in charging lien.  Charging lien cannot be enforced against alimony if it would deprive recipient of daily sustenance or the minimal necessities of life.

Evidence:

Booker v. Sumter County Sheriff’s Office, 166 So.3d 189 (Fla. 1^st DCA 2015).  Worker’s compensation that discusses application of “Daubert” standard to expert evidence.

Imputation:

Winnier v. Winnier, 163 So.3d 1279 (Fla. 2^nd DCA 2015).  Trial court erred failing to impute income on liquid assets.

Injunctions:

Martinez v. Izquierdo, 166 So.3d 947 (Fla. 4^th DCA 2015).  Trial court erred prohibiting respondent from possessing all firearms.  Because he is a law enforcement office, he is allowed to use a firearm while performing official duties pursuant to Florida Statute 790.233(1).

Procedure:

Bisel v. Bisel, 165 So.3d 833 (Fla. 4^th DCA 2015).  Default final judgment reversed when scope went beyond matter noticed and notice of final hearing was not generated by trial court in compliance with 12.440(a).

Support:

Department of Revenue ex rel. K.A.N. v. A.N.J., 165  So.3d 846 (Fla. 2^nd DCA 2015).  Error to deduct child support for child from another relationship from income, when party not actually paying support.  Error to fail to attach child support guidelines.

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Eddie Stephens is a partner in Ward Damon located in West Palm Beach, FL. Mr. Stephens was admitted to the Florida Bar in 1997 and is Board Certified in Family and Marital Law.  After starting his career as an attorney for the Palm Beach County Property Appraiser’s Office, Stephens has developed a successful family law practice focused on highly disputed divorces. Through hundreds of hearings and dozens of trials, Stephens has honed his practice by making straightforward arguments that bring opposing sides closer together in order to find a successful resolution.