Family Law Case Updates – February 2019

Alimony:

Lizzmore v. Lizzmore, 44 Fla.L.Weekly D366 (Fla. 1^st DCA 2019). Trial Court reversed for awarding more than $1,000.00 a month in alimony when pleadings only requested $1,000.00 per month.

Alvarez-Reyes v. Fernandez-Gil, 44 Fla.L.Weekly D387 (Fla. 4^th DCA 2019). Trial Court’s imputation of income to husband and award of permanent alimony to wife affirmed.

Appeals:

McGee v. McGee, 44 Fla.L.Weekly D364 (Fla. 1^st DCA 2019). Without transcript, Appellate Court can only address errors of law on face of judgment.

Troike v. Troike, 44 Fla.L.Weekly D313 (Fla. 3^rd DCA 2019). Appeal on order of supervised visitation dismissed as moot when subsequent order removed supervision.

Enforcement:

Rector v. Rector, 44 Fla.L.Weekly D293 (Fla. 5^th DCA 2019). Trial Court erred in failing to enforce provision in MSA that husband had to provide insurance with $50,000.00 death benefit. Provision was not tied to alimony so obligation to provide insurance did not end when alimony terminated.

Equitable Distribution:

Socarras v. Bazan, 44 Fla.L.Weekly D452 (Fla. 3^rd DCA 2019). Borrowing from line of credit collateralized by non-marital property does not convert property to marital asset.

Matthews v. Matthews, 44 Fla.L.Weekly D418 (Fla. 2^nd DCA 2019). Generally, when a Husband and a Wife are jointly responsible for the mortgage on real property and one spouse pays entire amount of mortgage during pendency of case, the payor spouse is entitled to credit for one-half of the total payments made.

Sarazin v. Sarazin, 44 Fla.L.Weekly D365 (Fla. 1^st DCA 2019). Trial Court affirmed for finding $80,000.00 husband sent his parents was not marital waste.

Rawson v. Rawson, 44 Fla.L.Weekly D359 (Fla. 1^st DCA 2019). Award of lump sum alimony made in the form of giving wife a portion of military retirement distributed to husband in equitable distribution. Affirmed due to facts of case.

Moody v. Newton, 44 Fla.L.Weekly D337 (Fla. 5^th DCA 2019). It was error for court to classify engagement and wedding ring as marital property.

Income:

Sarazin v. Sarazin, 44 Fla.L.Weekly D365 (Fla. 1^st DCA 2019). Trial Court erred imputing gift income to Wife when there was no evidence gifts would continue.

Injunctions:

Hutsell v. Hutsell, 44 Fla.L.Weekly D363 (Fla. 1^st DCA 2019). Fact that former husband may be tracking wife’s location and texted her location was insufficient to support injunction against domestic violence.

Life Insurance:

Grasso v. Grasso, 44 Fla.L.Weekly D488 (Fla. 1^st DCA 2019). Trial Court erred in requiring life insurance to protect child support without findings of necessity and affordability.

Modification:

Tisdale v. Tisdale, 44 Fla.L.Weekly D481 (Fla. 1^st DCA 2019). Trial Court erred granting downward modification of support when Husband’s income was totally commission-based, and ebbed and flowed. Accordingly, change in circumstances was foreseeable.

Parenting:

Cancino v. Cancino, 44 Fla.L.Weekly D453 (Fla. 3^rd DCA 2019). Provision in agreement that “both parties shall share parental responsibility for the children consistent with Florida Statute” was not clear and definite to support a holding of contempt that Wife took child to doctor without Husband knowing about it, obtaining prescription eye glasses for child without Husband’s consent and signing a consent for child to participate in screening/assessment at school.

Procedure:

Pagliaro v. Pagliaro, 44 Fla.L.Weekly D390 (Fla. 4^th DCA 2019). Trial Court erred denying Wife opportunity to present evidence to set aside Mediation agreement because it was not in the child’s best interest.

Hall v. Hall, 44 Fla.L.Weekly D338 (Fla. 5^th DCA 2019). Order denying discovery request to non-party in which wife had an ownership interest in was reversed, husband has legitimate purpose to value wife’s interest and not just accept “book value.”

Delgado v. Miller, 44 Fla.L.Weekly D309 (Fla. 3^rd DCA 2019). Trial Court erred ordering psychological exam without following 12.360 procedure. While husband argues wife agreed and therefore waived her right to object, record reveals wife did not agree to terms of order/exam.

Relocation:

Parris v. Butler, 44 Fla.L.Weekly D417 (Fla. 2^nd DCA 2019). Trial Court reversed for not applying relocation factors in determining if children should be returned from foreign country.

Support:

Rawson v. Rawson, 44 Fla.L.Weekly D359 (Fla. 1^st DCA 2019). Trial Court erred not awarding support and retroactive support.

J.A.D. v. K.M.A, 44 Fla.L.Weekly D346 (Fla. 2^nd DCA 2019). Support order without proper findings reversed.

Lennon v. Lennon, 44 Fla.L.Weekly D350 (Fla. 2^nd DCA 2019). Corrects opinion at 43 Fla.L.Weekly D237. Support Order is remanded for proper findings. Court should award retro support, but give credits to father for support actually paid.

Pierce v. Pierce, 44 Fla.L.Weekly D303 (Fla. 1^st DCA 2019). Order on child support reversed when it failed to include appropriate findings.

Pansky v. Barry Franklin & Associates, 44 Fla.L.Weekly D447 (Fla. 4^th DCA 2019). Law firm not entitled to be transferred rights, title and/or interest of client’s ownership interest in a non-single member LLC when granting a charging order.