Family Law Case Updates – June 2018

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Alimony:

Castleman v. Bicaldo, 43 Fla.L.Weekly D1256 (Fla. 4^th DCA 2018).  Court cannot award durational alimony for a period longer than the marriage.

Kurtanovic v. Kurtanovic, 43 Fla.L.Weekly D1194 (Fla. 1^st DCA 2018).  Trial Court cannot obligate estate to pay obligor’s alimony after obligor’s death in absence of written agreement to do so.

Sticklin v. Stricklin, 43 Fla.L.Weekly D1184 (Fla. 1^st DCA 2018).  Award of alimony that failed to include findings of fact on need and ability remanded back to trial court.

Attorneys’ Fees:

Roca Rodriguez v. Roca,43 Fla.L.Weekly D1294 (Fla. 3^rd DCA 2018).  Order vacating postnuptial agreement remanded with instructions for Court to perform Casto analysis.

Equitable Distribution:

Kurtanovic v. Kurtanovic, 43 Fla.L.Weekly D1194 (Fla. 1^st DCA 2018).  Trial court cannot require equalizing payment within a certain period of time without findings obligor has ability to pay without endangering their economic status.

Modification:

Malowney v. Malowney, 468 Fla.L.Weekly D1390 (Fla. 2^nd DCA 2018).  Order denying modification reversed and remanded for court to consider the circumstances presented.

Barch v. Barch, 43 Fla.L.Weekly D1376 (Fla. 1^st DCA 2018).  Petition to modify timesharing properly dismissed when former husband did not plead substantial change of circumstances.

Gelber v. Brydger, 43 Fla.L.Weekly D1243 (Fla. 4^th DCA 2018).  Whether changes in economic circumstances were “forseeable” or “anticipated” is not so important because alimony may be modified as equity requires.

Parenting:

Rivera v. Purtell, 43 Fla.L.Weekly D1421 (Fla. 5^th DCA 2018).  Trial court may provide for a change in timesharing on a prospective future event that is reasonably and objectively anticipated (i.e. child reaching Kindergarten) as opposed to something speculative and uncertain.

Solomon v. Solomon, 43 Fla.L.Weekly S1398 (Fla. 3^rd DCA 2018).  Judgment imposing supervised visitation must provide specific steps parent must undertake in order to obtain unsupervised visitation.

Smith v. Daniel, 43 Fla.L.Weekly D1231 (Fla. 1^st DCA 2018).  Florida court erred granting Father supervised visitation when there was an unexpired Kentucky domestic violence order barring Father from child.

Paternity:

Simmonds v. Perkins, 43 Fla.L.Weekly S273 (Fla. 2018).  Presumption of legitimacy of child born into intact marriage is a rebuttable presumption which can be overcome by biological father demonstrating rcompelling reason based upon best interest of child.

Procedure:

Ness v. Martinez, 43 Fla.L.Weekly D1356 (Fla. 1^st DCA 2018).  Trial court did not err adopting wife’s proposed order when both sides submitted proposals and there was no objection to proposed order judge entered.

Walters v. Petgrave, 43 Fla.L.Weekly D1339 (Fla. 4^th DCA 2018).  Court deprived wife of due process by not allowing her to make full presentation.

In re: Amendments to Fl. S.C. Approved Family Law Forms, 43 Fla.L.Weekly S267 (Fla 2018).  Creates form for petition and order for disestablishment of paternity.

Johnson v. Johnson, 43 Fla.L.Weekly D1315 (Fla. 2^nd DCA 2019).  Trial court reversed for waiting 2.5 years after trial to render judgment.

Haywood v. Bacon, 43 Fla.L.Weekly D1309 (Fla. 5^th DCA 2018).  Trial court denied wife due process by terminating hearing during wife’s cross of guardian ad litem and not allowing wife sufficient time to present rebuttal.

New v. Bennett, 42 Fla.L.Weekly D1229 (Fla. 1^st DCA 2018).  Trial court erred failing to domesticate and enforcing order on contempt.  Respondent failed to meet burden of proof that state issuing order lacked jurisdiction.

Williams v. Sapp, 43 Fla.L.Weekly D1215 (Fla. 1^st DCA 2018).  Trial Court violated parties due process by re-writing portions of mediated settlement agreement without notice to the parties.

Carson-Grayson v. Grayson, 43 Fla.L.Weekly D1171 (Fla. 5^th DCA 2018).  Trial court denied party due process when ruling on motions at status conference that were not noticed for hearing.

Relocation

Castleman v. Bicaldo, 43 Fla.L.Weekly D1256 (Fla. 4^th DCA 2018).  Relocation statute applies even when one party is at risk for being deported.