Family Law Case Updates – April 2018

Attorneys’ Fees:

Greene v. Greene, 43 Fla.L.Weekly D815 (Fla. 1^st DCA 2018).  Trial court erred using “inherent authority to award attorneys’ fees to former husband when former wife’s interpretation of a provision was deemed incorrect and unreasonable.  Inherent authority only applies “the equitable conduct doctrine” when a party has acted with egregious conduct or bad faith.  Such an award is reserved for those extreme cases where a party acts in bad faith, vexatiously, wantonly and for oppressive reasons.

Income:

Crespo v. Lebron, 43 Fla.L.Weekly D684 (Fla. 5^th DCA 2018).  Trial court cannot rely on husband’s conclusory statement that his income is reduced but must consider competent and substantial evidence, like gross receipts less ordinary business expenses.

Injunctions:

Zarudny v. Zarudny, 43 Fla.L.Weekly D668 (Fla.3^rd DCA 2018).  Injunction awarding wife 100% timesharing, sole parental and granted supervised visitation to respondent affirmed even when judgment did not expressly state it was in child’s best interests.

Parenting:

Lewis v. Juliano, 43 Fla.L.Weekly D845 (Fla. 4^th DCA 2018).  Modification of timesharing cannot be a sanction for party failing to disclose address.

Procedure:

Ferris v. Winn, 43 Fla.L.Weekly D752 (Fla. 2^nd DCA 2018).  Trial court violated former husband’s due process by modifying timesharing when former husband only had 19 hours notice of hearing and there was no emergency.

Russell v. Russell, 43 Fla.L.Weekly D7355 (Fla. 1^st DCA 2018).  Trial court erred granting the former wife ultimate decision making over day care and modifying support when issues were not plead not trued by consent.

Support:

Torres v. DOR o/b/o Torres, 43 Fla.L.Weekly D704 (Fla. 4^th DCA 2018).  Trial court erred not giving Father $200 credit, the amount he paid, in determining retroactive support.