Stephens’ Squibs – September 2018

Alimony:

Woelk v. Woelk, 43 Fla.L.Weekly D2018 (Fla. 5th DCA 2018).  Court’s award of alimony remanded back to trial court when it was unclear from the record and final judgment how the Court determined the Wife’s needs.

Appeals:

Vartumyan v. Bean, 43 Fla.L.Weekly D2109 (Fla. 3rd DCA 2018).  Appellate court lacked jurisdiction to review child support when trial court reserved jurisdiction to determine support and retroactive support.

Attorneys’ Fees:

Stein v. Stein, 43 Fla.L.Weekly D2130 (Fla. 4th DCA 2018).  Trial court affirmed for awarding temporary attorneys’ fees to defend civil theft complaint where issue was “so intertwined with dissolution action”.

Maio v. Clarke, 43 Fla.L.Weekly D2117 (Fla. 4th DCA 2018).  Trial court reversed for awarding “Rosen” fees when requesting party did not plead a “need” for fees.

Equitable Distribution:

Frederick v. Frederick, 43 Fla.L.Weekly D2140 (Fla. 2nd DCA 2018).  Trial court erred classifying a mortgage on husband’s non-marital property as a marital liability when funds were not used for a marital purpose and Wife did not obligate herself to loan.

McKenzie v. McKenzie, 43 Fla.L.Weekly D2075 (Fla. 4th DCA 2018).  Trial court erred distributing accounts that were depleted during the pendency of divorce without findings of waste.

Imputation of Income:

Masino v. Masino, 43 Fla.L.Weekly D2147 (Fla. 1st DCA 2018). Trial court failed to make requisite findings on imputation. Therefore, alimony and attorneys’ fees remanded back to trial court for redetermination.

Jurisdiction:

Keogh v. Keogh, 43 Fla.L.Weekly D2022 (Fla. 5th DCA 2018).  Florida had jurisdiction to determine child support even though Florida was not child’s “home state”.

Modification:

Swearingen v. Swearingen, 43 Fla.L.Weekly D2040 (Fla. 1st DCA 2018).  Trial court did not err “supplementing” parenting plan that lacked timesharing schedule and provisions concerning communication that were not in original parenting plan.

Paternity:

Foster v. Chong, 43 Fla.L.Weekly D2044 (Fla. 3rd DCA 2018).  Trial Court erred in awarding child support without findings of fact of how it arrived at final amount and for clearly providing parties had shared parental responsibility over minor child.

Procedure:

In Re: Amendments to Florida Supreme Court Approved Family Law Forms – 12.961, 43 Fla.L.Weekly S399 (Fla. 2018).  Changes form for notice of hearing for motion for contempt and changes instructions to provide notice may be mailed as opposed to personally served.

In Re: Amendments to Florida Supreme Court Approved Family Law Forms – 12.905(d) & 12.935(d), 43 Fla.L.Weekly S399 (Fla. 2018).  Deletes forms 12.905(d) and 12.935(d), petition and judgment for temporary modification of parental issues for parent activated, deployed or temporarily assigned to military service because underlying statutes repealed.

Fry v. Fry, 43 Fla.L.Weekly D2127 (Fla. 4th DCA 2018).  Trial court properly denied request for continuance due to hired expert’s repeated failures to meet pretrial deadlines, which reached level of “dilatory conduct”.

Engstrom v. Engstrom, 43 Fla.L.Weekly 2099 (Fla. 3rd DCA 2018).  Order granting motion for summary judgment disposing of 12.540 action reversed when there were genuine issues of material fact as to whether party’s financial affidavit was fraudulent.

Garcia v. Guiles, 43 Fla.L.Weekly D2035 (Fla. 1st DCA 2018).  Trial court affirmed for waiving child/psychotherapist privilege based on guardian ad litem’s recommendation.

Clements v. Clements, 43 Fla.L.Weekly D2024 (Fla. 5th DCA 2018).  Trial court erred adopting parties’ proposed final judgment verbatim without independent analysis necessary for a fair resolution of the issues presented.

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