Stephens’ Squibs – February 2018

Agreements:

Wells v. Wells, 43 Fla.L.Weekly D346 (Fla. 2nd DCA 2018).  Trial court misinterpreted agreement that required wife to sale house upon child graduating college.

Alimony:

Millan v. Millan, 43 Fla.L.Weekly D351 (Fla. 2nd DCA 2018).  Trial court erred modifying husband’s alimony retroactively because even though husband got reduction in alimony, wife suffers from a permanent impairment that hinders her ability to maintain employment.

Persaud v. Persaud, 43 Fla.L.Weekly D329 (Fla. 2nd DCA 2018).  Error not to consider tax consequence in determining alimony.  Trial court erred adding alimony wife did not receive to her income to determine retroactive child support.

Burnett v. Burnett, 43 Fla.L.Weekly D288 (Fla. 1st DCA 2018).  Award of alimony remanded when trial court failed to determine Wife’s needs.

Bruce v. Bruce, 43 Fla.L.Weekly D284 (Fla. 5th DCA 2018).  Trial court erred denying alimony due to supportive relationship when court made no findings on how supportive relationship diminished need.

Ispass v. Ispass, 43 Fla.L.Weekly D278 (Fla. 5th DCA 2018).  Trial court has jurisdiction to extend agreed upon duration of alimony based upon change of circumstances.

Velleff v. Velleff, 43 Fla.L.Weekly D277 (Fla. 5th DCA 2018).  Trial court interpreted agreement and considered alimony as lump sum when it was really permanent periodic.

Attorneys’ Fees:

Burnett v. Burnett, 43 Fla.L.Weekly D288 (Fla. 1st DCA 2018).  Error to require Husband to pay all of Wife’s attorneys’ fees due to disparity in income where wife appears to be able to pay sum of her fees without suffering an inequitable diminution of her assets.

Nassirou v. Borba, 43 Fla.L.Weekly D287 (Fla. 1st DCA 2018).  Trial court erred awarding fees without addressing need or ability to pay.

Equitable Distribution:

Soria v. Soria, 43 Fla.L.Weekly D293(Fla. 2nd DCA 2018).  Trial court erred using par value of stock in determining value of business.

Stewart v. Stewart, 43 Fla.L.Weekly D290 (Fla. 1st DCA 2018).  Trial court erred distribution a portion of the Husband’s premarital company to the Wife when she failed to prove any active enhancement.  Any addition, error to use account values at time of filing when no evidence if dissipation.

Enforcement:

Ash v. Campion, 43 Fla.L.Weekly D285 (Fla. 1st DCA 2018).  Trial court erred issuing $100,000 agreed upon sanction without instituting criminal contempt proceedings.

Procedure:

Diaz v. Vasquez, 43 Fla.L.Weekly D297 (Fla. 4th DCA 2018).  Trial court erred not transferring venue to county in which both parties last resided with a common intent to remain married.

Curtis v. Reinhardt o/b/o R.B.C., 43 Fla.L.Weekly D276 (Fla. 5th DCA 2018).  Injunction against sexual violence that required respondent to “submit to psychological evaluation” was too broad and remanded to provide manner, condition, and scope of evaluation so psychologist does not have “carte blanche” authority to perform any type of test.

Kirschner v. Ramsier, 43 Fla.L.Weekly D209 (Fla. 4th DCA 2018).  Trial court properly took extrinsic evidence to determine parties’ intent on provision in MSA that equalizing payment made when husband refinances house.  Court had to determine what happens when husband could not refinance house and that circumstance was not addressed in the agreement.

In Re: Amendments to the Florida Supreme Court Approved Family Law Forms, 43 Fla.L.Weekly S59 (Fla. 2018).  Makes forms gender neutral and adds parental consent to a child’s mental health treatment to standard parenting plan.

In Re: Amendments to the Florida Family Laws of Procedure, 43 Fla.L.Weekly S58 (Fla. 2018). Simplified petition for dissolution revised to remove notary requirement.

Protective Injunctions:

Youssef v. Zaitouni, 43 Fla.L.Weekly D345 (Fla. 2nd DCA 2018).  Injunction dismissed because Court had no personal jurisdiction over respondent.

Keller v. Ramseyer, 43 Fla.L.Weekly D317 (Fla. 5th DCA 2018).  Injunction against sexual violence reversed when no eye witnesses, affidavits from eye witnesses or direct physical evidence of the alleged abuse presented to support allegations.

Speegle v. Rhodan, 43 Fla.L.Weekly D245 (Fla. 1st DCA 2018).  Trial court affirmed for denying respondent’s motion to stay domestic violence proceedings while criminal issue pending.  There is no rule requiring a stay in civil proceedings when related criminal matters are pending.

Support:

D.T. v. J.M., 43 Fla.L.Weekly D357 (Fla. 2nd DCA 2018). Final judgment of paternity remanded when no child support guidelines attached.

 

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