Family Law Case Updates – August 2026
Alimony:
Huffman v. Huffman, 51 Fla.L.Weekly D1662 (Fla 2nd DCA 2026). Trial court properly concluded former husband grossed $130,000/year but erred finding his net monthly income was $5,600 per month without any evidence to support that finding. Trial Court further failed to establish evidence to support the imputation of income to the former wife. Judge Kevin R. Bruning affirmed in part, reversed in part.
Child Support:
Mathis v. Mathis, 51 Fla.L.Weekly D1555 (Fla. 4th DCA 2026). There was a large discrepancy between income established at trial versus Court’s findings of income so matter reversed. Judge Leatha Dawn Mullins affirmed in part, reversed in part.
Modification:
Gonzalez v. Gonzalez, 51 Fla.L.Weekly D1698 (Fla. 4th DCA 2026). Parties have a right to modification of alimony, unless expressly waived or through an interpretation of the agreement as a whole would lead to no other conclusion other than waiver. Trial court erred in granting former wife’s summary judgment, denying former husband from seeking a modification of alimony when agreement did not contain an express or implied waiver of modification of alimony. Judge Lillian B. Ewen affirmed in part, reversed in part.
Parenting:
Cappiello v. Martins, 51 Fla.L.Weekly D1635 (Fla. 3rd DCA 2026). Appellant failed to demonstrate reversible error in challenging final judgment granting Father majority timesharing and sole parental responsibility, downward modification of child support and denying former wife’s request to relocate. Judge Gina Beovides affirmed.
Barton v. Barton, 51 Fla.L.Weekly D1629 (Fla. 1st DCA 2026). Trial court erred denying emergency motion for custody as Court prohibited former husband from questioning former wife about her boyfriend’s violent behavior. The Court must consider all factors affecting the welfare of the child including domestic violence. Judge Darlene Fallon Dickey’s orders vacated.
Procedure:
Williamson v. Williamson, 51 Fla.L.Weekly D1685 (Fla. 2nd DCA 2026). In order to dismiss matter on common law doctrine of forum non conveniens the court first must consider and make findings on: 1) whether alternate forum that has jurisdiction exists, 2) court must consider all factors of private interest while weighing strong presumption against disturbing initial forum choice, 3) court must then consider public interest, and 4) if Court finds all above, court must ensure plaintiffs can reinstate suit without prejudice. Here there were no findings nor notice so order reversed. Judge James S. Moody, III reversed.
Powell v. Powell, 51 Fla.L.Weekly D1653 (Fla. 4th DCA 2026). Trial court affirmed for transferring action to modify child custody to North Carolina for forum non-conviens when 1) children have not resided in Florida for over 5 years, 2) Former Wife intended to remain in North Carolina after her military discharge, 3) former wife intended to call 7 witnesses from North Carolina. Trial court erred transferring child support issue as Florida has exclusive jurisdiction. Judge Darren Dunifon Shull affirmed in part, reversed in part.
Scheider v. Hinterseer-Scheider, 51 Fla.L.Weekly D1566 (Fla. 3rd DCA 2026). A person may be a legal resident of Florida for purposes of establishing domicile to obtain a divorce without being an American citizen. Judge Victoria Del Pino affirmed.
Rodriguez v. Gonzalez, 51 Fla.L.Weekly D1544 (Fla. 3rd DCA 2026). Final judgment reversed when Wife’s attorney withdrew 9 days before trial and Court gave Wife 30 days to get an attorney. Judge Ivonne Cuesta reversed.
Protective Injunctions:
Mcbean v. Mcbean, 51 Fla.L.Weekly D1674 (Fla. 5th DCA 2026). Portion of final judgment granting stalking injunction vacated when record demonstrates legal insufficiency on the face of the petition for injunction. Judge Christopher A. France dismissed in part, reversed in part.
Benhalima v. Iakovenko, 51 Fla.L.Weekly D1539 (Fla. 2nd DCA 2026). Offensive, embarrassing, upsetting, angry or disparaging communications are generally not enough to support a stalking injunction. Four mean Facebook messages are insufficient to cause severe distress. Judge Cory Lee Chandler reversed.