Stephens & Stevens Marital & Family Law

Alimony:

Atkinson v. Atkinson, 51 Fla. L. Weekly D326 (Fla. 4th DCA 2026).  Trial court reversed for failing to award nominal alimony and reserve jurisdiction where wife had need, but husband had no current ability to pay. Judge Lillian B. affirmed in part, reversed in part.

Child Support:

Izquierdo v. Iglesias, 427 So.3d 1181 (Fla. 3d DCA 2026).  Final judgment that conflicted with child support guidelines reversed. Judge Ivonne Cuesta affirmed in part, reversed in part.

Williams v. Williams, 51 Fla. L. Weekly D220 (Fla. 3d DCA 2026). Trial court abused discretion ordering parties to equally divide cost of extracurriculars when either party could unilaterally enroll them. Judge Spencer Multack affirmed in part, reversed in part.

Equitable Distribution:

Estrada v. Garcia, 427 So.3d 1208 (Fla. 3d DCA 2026). Final judgment granting alimony and unequal distribution without required findings of fact reversed. Judge Stacy D. Glick reversed.

Crossen v. Feeley, 51 Fla. L. Weekly D273 (Fla. 4th DCA 2026).  Trial court erred distributing condo owned by one party before marriage as a marital asset, failed to consider equitable distribution factors, failed to award credits for expenses on marital residence during pendency, and failed to equitably distribute the parties’ pet. Judge Karen M. Miller reversed.

Williams v. Williams, 51 Fla. L. Weekly D220 (Fla. 3d DCA 2026). Court affirmed equitable distribution of military pension without valuing it, remanded to determine marital portion of account, and reversed to remove account if owned with another person. Judge Spencer Multack affirmed in part, reversed in part.

Modification:

DOR v. Fucien, 51 Fla. L. Weekly D310 (Fla. 3d DCA 2026).  Court erred in modifying child support prior to date of filing based on father’s claim that mother could have obtained derivative benefits. First, court cannot modify prior to filing. Second, any credit would apply only to benefits actually received. Judge Gisela Cardonne Ely reversed.

Parenting:

Williams v. Williams, 51 Fla. L. Weekly D220 (Fla. 3d DCA 2026). Trial court erred awarding sole parental responsibility when it was not requested, and no findings made of detriment. Parenting plan that provided for timesharing after reunification therapy complete affirmed. Judge Spencer Multack affirmed in part, reversed in part.

Procedure:

Golubtsova v. Budaev, 418 So.3d 329 (Fla. 3d DCA 2026).  Couple was divorced in Russia, but that judgment did not distribute the parties’ Florida property. Wife then filed an action in family court in Florida, to equitably distribute property. Trial court properly dismissed action as neither party was a permanent resident; therefore, court lacked subject matter jurisdiction. Judge Veronica Diaz affirmed.

Rivera v. Rivera-Chong, 429 So.3d 159 (Fla. 1st DCA 2026). Trial court erred in disqualifying attorney who married the Wife, because he might be a witness, where there was no evidence the attorney would be a witness on behalf of his client. Judge Robert K. Groeb reversed.

Trigueiro v. De Oliveira, 428 So.3d 240 (Fla. 6th DCA 2026).  Trial court affirmed as to denying motion to vacate final judgment because wife failed to appear due to excusable neglect, when no excusable neglect demonstrated. Judge Elizabeth Gibson affirmed.

Ruiz v. D’Arbelles, 51 Fla. L. Weekly D254 (Fla. 3d DCA 2026).  Order requiring compulsory psychological exam quashed when no evidence that party’s condition was at issue or good cause. Judge Marcia Del Rey’s order quashed.

State v. Scruggs, 51 Fla. L. Weekly D253 (Fla. 3d DCA 2026).  Trial court erred vacating a paternity judgment without providing the State, who was a party, notice. Judge Gisela Cardonne Ely reversed.