Stephens & Stevens Marital & Family Law

Alimony:

Dove v. Freer, 427 So.3d 554 (Fla. 4th DCA 2026).  Alimony award reversed where mathematical error in Husband’s financial affidavit reduced his surplus. Judge Laurie E. Buchanan reversed.

Morgan v. Morgan, 427 So.3d 599 (Fla. 2d DCA 2026).  On second mandate, trial court awarded permanent alimony after statute eliminated permanent alimony. 2^nd DCA explained this is error as appeal was pending at time statute changed. Also disapproved of Wife’s interpretation that case is no longer pending upon entry of final judgment. Judge Christopher M. LaBruzzo reversed.

Appeals:

Ortiz v. Sangalang, 425 So.3d 793 (Fla. 6th DCA 2025).  Former wife could not appeal temporary order reversing timesharing on arguments she failed to raise to trial court & no transcript presented. Judge Elaine A. Barbour affirmed.

Attorney’s Fees:

Jackowska v. Blessitt, 427 So.3d 216 (Fla. 2d DCA 2026).  Trial court erred awarding only $15,000 in attorney’s fees, where party requested $75,000 and court made no specific findings as to reasonableness of hours. Judge Rochelle T. Curley reversed.

Child Support:

Dart v. Dart, 429 So.3d 2 (Fla. 4th DCA 2026).  Trial court erred denying retroactive child support when parties agreed it would be addressed at final hearing. The mother’s ability to provide child’s basic needs does not excuse father’s support obligations. Judge Darren D. Shull affirmed in part, reversed in part.

Discovery:

Paniry v. Paniry, 429 So.3d 111 (Fla. 3d DCA 2026). Former wife not entitled to financial discovery on Rule 12.540 post-judgment motion for fraud, where former wife was aware of and knew former husband’s promotion, and voluntarily entered into MSA, even though former husband had not updated financial affidavit. Judge Oscar Rodriguez-Fonts’ order quashed.

Enforcement:

Crane v. Crane, 428 So.3d 185 (Fla. 2d DCA 2026).  Order of contempt awarding fees remanded for determination of ability & need. Judge Christina Marie DiRaimondo reversed.

Webking v. Webking, 427 So.3d 1106 (Fla. 1st DCA 2025).  Order of contempt reversed where no finding of ability to pay. Also error requiring Father to pay 60% of extracurricular activities even if Mother unilaterally enrolls child, as activity must be agreed upon. Judge J. Scott Duncan affirmed in part, reversed in part.

Bazinet v. Pinkerton, 426 So.3d 606 (Fla. 5th DCA 2025). Trial court erred ordering change in child’s school & change in visitation schedule resulting from mother’s new contract. Judge Michael G. Takac affirmed in part; reversed in part.

Equitable Distribution:

Dove v. Freer, 427 So.3d 554 (Fla. 4th DCA 2026).  Trial court erred failing to distribute husband’s unpaid leave time earned during marriage, and failed to address marital credit card debt. Judge Laurie E. Buchanan reversed.

Haxel v. Haxel, 427 So.3d 192 (Fla. 5th DCA 2026).  Trial court erred granting Husband setoff for post-filing payments he made on home when he was primary income earner generally responsible for paying mortgage & household expenses during marriage. Judge Michelle Pruitt Studstill affirmed in part, reversed in part.

Harris v. Harris, 425 So.3d 1185 (Fla. 6th DCA 2026). Equitable distribution affirmed. Strong dissent arguing court should have awarded marital portion of military pension & assigned survivor benefit. Judge Michael Deen affirmed.

Walsh v. Walsh, 427 So.3d 91 (Fla. 5th DCA 2025).  Trial court erred assigning depleted account to Husband without any specific findings of intentional misconduct, and instead based upon finding Husband was likely cause of depletion. Judge Howard Ogle McGillin affirmed in part, reversed in part.

Income:

Cohen v. Alkobi, 427 So.3d 513 (Fla. 4th DCA 2025).  Trial court erred in vacating magistrate’s order determining present income, where party’s income was $200,000 because it relied on a tax return from 5 years ago. A magistrate should not rely on a 5-year-old tax return to impute income; rather, it was used for credibility/historic earnings for consideration & lack of expense proof. Judge Kristin R. Kanner reversed.

Injunctions:

Negron v. Bonilla o/b/o A.N., 428 So.3d 181 (Fla. 6th DCA 2026).  Injunction against domestic violence reversed as judge abused discretion entering injunction where child testified she was scared, but there was no evidence presented that met definition of domestic violence. Judge Melissa Gravitt reversed.

Jad v. Abinuman, 427 So.3d 583 (Fla. 5th DCA 2025). Appellate court lacked jurisdiction to consider due process violation where matter not timely appealed. Appeal dismissed.

Modification:

Maybell v. Bryant, 428 So.3d 188 (Fla. 2d DCA 2026).  Trial court erred summarily denying modification without evidentiary hearing. Judge Don T. Hall reversed.

Edwards v. Williams, 427 So.3d 127 (Fla. 6th DCA 2025).  Order granting modification must contain findings that there is a substantial, material & unanticipated change, or it will be reversed. Judge Mary C. Evans reversed.

Paternity:

Brito v. Salas, 51 Fla. L. Weekly S12 (Fla. 2025).  Sperm donor does not relinquish parental rights under F.S. §742.14 when employing an at-home insemination kit.  F.S. §742.14 only applies when assisted reproductive technology is involved. 

Procedure:

Miller v. Velleff, 427 So.3d 540 (Fla. 4th DCA 2026). Trial court lacked authority to prohibit former wife’s new husband, a non-party, from attending child’s events. Judge Anastasia M. Norman affirmed in part, reversed in part.

Oramas v. Asencio, 425 So.3d 1184 (Fla. 3d DCA 2026).  Trial court affirmed for granting new trial de novo as a result of granting motion to vacate order entered after hearing before magistrate. Judge Gisela Cardonne Ely affirmed.

Capps v. Capps, 426 So.3d 900 (Fla. 4th DCA 2025).  Trial court affirmed for suspending timesharing and parental responsibility without full evidentiary hearing where it was an emergency; children had been threatened with physical harm or improper removal from the jurisdiction. Judge Kristin R. Kanner affirmed.