Family Law Case Updates – July 2019

Edited by Caryn Stevens

Agreements:

Springer v. Springer, 44 Fla.L.Weekly D1855 (Fla. 2D DCA 2019). Co-parenting agreement between bio parent and non-parent unenforceable in Florida.

Ziegler v. Natera, 44 Fla.L.Weekly D1770 (Fla. 3D DCA 2019). Trial court affirmed for setting aside prenuptial agreement when husband promised to provide financial disclosure, never did, and demanded his pregnant wife sign agreement day before wedding.

Alimony:

Will v. Will, 44 Fla.L.Weekly D1671 (Fla. 2D DCA 2019). Award of alimony remanded when judgment failed to address husband’s living expenses.

Appeals:

Skelly v. Skelly, 44 Fla.L.Weekly D1809 (Fla. 5^th DCA 2019). Challenge to wife’s standing to seek modification of support after child emancipated, not appropriate for writ of prohibition because failure to grant motion to dismiss does not create irreparable harm.

Engle v. Engle, 44 Fla.L.Weekly D1710 (Fla. 2D DCA 2019). Appellate court ruled party does not need to file motion for rehearing, to preserve error, when court fails to make findings on statutory alimony factors. Certifies conflict with 1^st, 3D & 5^th DCA

Brown v. Brown, 44 Fla.L.Weekly D1673 (Fla. 5^th DCA 2019). Unless fundamental error on appeal is on face of judgment, appellate court cannot address alleged errors without transcripts of proceeding.

Attorney’s Fees:

Szurant v. Aaronson, 44 Fla.L.Weekly D1851 (Fla. 2D DCA 2019). Order on charging lien that attaches to “all of client’s money and/or personal property” is too broad. Charging lien should be limited to property recovered in divorce as a result of the attorney’s efforts.

Miron v. Richardson, 44 Fla.L.Weekly D1828 (Fla. 1^st DCA 2019). Order awarding fees without findings as to need and ability remanded.

Ingram v. Ingram, 44 Fla.L.Weekly D1792 (Fla. 2D DCA 2019). It was an abuse of discretion to order husband to pay wife’s attorney’s fees when the judgment of dissolution placed both parties in similar financial positions, and there was no indication that the former husband otherwise had the ability to pay.

Medalie v. Sparks, 44 Fla.L.Weekly D1735 (Fla. 4^th DCA 2019). Father entitled to $70 credit in attorney’s fees when mother’s bill had 0.2 time entry involving another case.

Child Support:

Jackson v. Jackson, 44 Fla.L.Weekly D1743 (Fla. 1^st DCA 2019). Final judgment that contained contradictions as to whether one party was voluntarily underemployed remanded for clarification.

Carmack v. Carmack, 44 Fla.L.Weekly D1714 (Fla. 2D DCA 2019).  A trial court’s failure to include findings of fact regarding the parties’ incomes when determining child support is error.

Rosenblum v. Rosenblum, 44 Fla.L.Weekly D1697 (Fla. 1^st DCA 2019). Child support guidelines must be attached to support order.

Enforcement:

Lapciuc v. Lapciuc, 44 Fla.L.Weekly D1722 (Fla. 3D DCA 2019). Trial court erred determining motion for enforcement without evidentiary hearing when an issue was whether incurring more debt was “commercially reasonable.”

Injunction:

Shannon v. Smith, 44 Fla.L.Weekly D1878 (Fla. 1^st DCA 2019). Aggressive behavior from respondent to non-party has no bearing whether petitioner is entitled to an injunction against stalking.

Traficante v. Lambert, 44 Fla.L.Weekly D1660 (Fla. 3D DCA 2019). Trial court affirmed for granting petition for injunction against repeat violence.

Caterino v. Torelo, 44 Fla.L.Weekly D1628 (Fla. 2D DCA 2019). Stalking injunction reversed. Injunction is not meant to “keep the peace” between neighbors who cannot get along.

Life Insurance:

Kvinta v. Kvinta, 44 Fla.L.Weekly D1678 (Fla. 5^th DCA 2019). Trial court erred requiring party to name other as beneficiary on life insurance policy when no alimony was awarded.

Modification:

McDaniels v. McDaniels, 44 Fla.L.Weekly D1884 (Fla. 1^st DCA 2019). Trial court affirmed for denying modification of alimony when MSA provides alimony is non-modifiable unless former husband becomes permanently disabled by a physician or social security administration, as former husband offered no evidence thathe is disabled. Court could not order purge on contempt without finding party had present ability.

Dunn v. Dunn, 44 Fla.L.Weekly D1813 (Fla. 5^th DCA 2019). Trial court abused discretion by modifying alimony downward by 85%. Trial court erred viewing case entirely from perspective of current needs and effectively punished the former wife for her decision to live a more modest lifestyle than enjoyed during marriage or currently by former husband.

Parenting:

Ducali v. Ducali, 44 Fla.L.Weekly D1770 (Fla. 3D DCA 2019). Trial court erred granting parent sole decision making over medical and educational when matter was not plead or tried by consent.

Pierre v. Bueven, 44 Fla.L.Weekly D1668 (Fla. 3D DCA 2019). Court is not required to make findings of facts on each custody factor so long as parenting plan found to be in child’s best interest. However, if supervised visitation is imposed, court must detail steps for parent to resume normal visitation.

Procedure:

Singer v. Singer, 44 Fla.L.Weekly D1708 (Fla. 4^th DCA 2019). Trial court erred entering order transferring case when there was no motion filed requested relief, nor was husband on notice venue may change.

Goff v. Goff, 44 Fla.L.Weekly D1635 (Fla. 2D DCA 2019). Trial court applied wrong legal standard by disqualifying attorney in post dissolution action who was listed as a witness during the main divorce action.

Relocation:

Miller v. Miller, 44 Fla.L.Weekly D1832 (Fla. 1^st DCA 2019). Order allowing temporary relocation reversed and remanded for determination supported by competent, substantial evidence.