Posted by Nydia Streets of Streets Law in Florida Divorce
Can a Florida marital settlement agreement that was not ratified by a court order be enforced via a motion for contempt? In what was referred to by the appellate court as a “novel” case, a five-year lapse between an initial filing for divorce and a second petition for divorce created a tricky set of facts for a trial court to navigate in determining whether or not the former husband should be held in contempt of a marital settlement agreement. The case is Thilloy v. Ciccone-Capri, 3D18-1468 (Fla. 3d DCA November 27, 2019).
Posted by Nydia Streets of Streets Law in Florida Divorce
When modifying a Florida divorce judgment, depending on what you are seeking to change, it is important to know the standard the court is obligated to use in deciding on your request. For example, modifying alimony or child support requires the court to review several similar factors, while modification of child custody in Florida requires the court to review other factors. In Suarez v. Suarez, 4D18-1148 (Fla. 4th DCA November 13, 2019), we see the standards applied to these types of modification.
Posted by Nydia Streets of Streets Law in Florida Divorce
What is a partition in a Florida divorce? This means the parties are asking the court to apportion to each their respective ownership interest in real property they jointly own since the property cannot physically be awarded to the parties in parts. Who pays attorneys’ fees for this? A dispute about payment of fees came up in the case Vergne v. Glidewell, 4D19-444 (Fla. 4th DCA November 13, 2019).
osted by Nydia Streets of Streets Law in Florida Divorce
When considering in a Florida divorce whether or not a spouse should be responsible for student loans taken out during the marriage by the other spouse, some believe it would not be fair to have the non-incurring spouse help pay the loan because that spouse will not benefit from the degree earned by the student spouse after the parties’ divorce. Some may also object to paying because they objected to the spouse going to school during the marriage and believed the spouse should have instead been working. This issue arose in Tsacrios v. Tsacrios, 1D19-914 (Fla. 1st DCA November 6, 2019).
sted by Nydia Streets of Streets Law in Florida Divorce
What is a qualified domestic relations order (QDRO) in a Florida divorce? Separate from the final judgment, this is an order that is required by most retirement plans to distribute funds within the plan. So when a marital settlement agreement or final judgment entitles a spouse to some percentage or sum of a spouse’s retirement account, the QDRO is entered and sent to the plan administrator to effectuate a payout from the account to the non-owner spouse. In the case Johnson v. Johnson, 1D18-3966 (Fla. 1st DCA October 30, 2019), the former wife sought to obtain a QDRO 20 years after her final judgment was entered.
Posted by Nydia Streets of Streets Law in Florida Divorce
When the parties to a Florida divorce sign a settlement agreement, they are held to the terms of the agreement much like any other contract parties enter. In the case Forest v. Estate of Kohl, 4D18-3734 (Fla. 4th DCA October 23, 2019), at issue was a settlement release and the former wife’s effort to enforce it.
Posted by Nydia Streets of Streets Law in Florida Divorce
When a party is ordered to pay the other party’s attorneys’ fees and costs in a Florida divorce, the next step is to examine the attorneys’ fees and costs purportedly incurred by the other party. Certain fees and costs are not allowed to be included in a fee award as highlighted in the case Kalis v. Kalis, 4D18-3062 (Fla. 4th DCA October 23, 2019).
Posted by Nydia Streets of Streets Law in Florida Divorce
When parties in a Florida divorce enter a settlement agreement, that agreement is subject to the same laws concerning other contracts. Generally, in order for a contract to be formed, there must be an offer, an acceptance and what is called consideration. In the case Romaine v. Romaine, 5D18-2521 (Fla. 5th DCA October 18, 2019), an issue arose as to the enforcement of a marital settlement agreement purportedly entered between the parties.
Posted by Nydia Streets of Streets Law in Florida Divorce
In a recent Miami divorce case, the former wife appealed various issues related to alimony and equitable distribution. The case Weininger v. Weininger, 3D17-49 (Fla. 3d DCA October 10, 2019) involved allegations of infidelity and misuse of marital funds.
Posted by Nydia Streets of Streets Law in Florida Divorce
Temporary relief orders in a Florida divorce are helpful because they grant a party much-needed assistance without waiting for the entry of a final judgment which can take months or even years. For example, a party may need alimony or child support right away in order to meet his or her living expenses and to take care of their children. While judges in Florida family law cases have great discretion in awarding temporary relief, their orders must meet minimum standards as shown in the recent appellate case Meldrum v. Bergamo-Meldrum, 4D18-3481 (Fla. 4th DCA October 2, 2019).
Posted by Nydia Streets of Streets Law in Florida Divorce
One party may be ordered to pay the other party’s attorneys’ fees and costs in a Florida divorce when that party earns significantly more than the other party or there was frivolous litigation. In Quigley v. Culbertson, 3D19-28 (Fla. 3d DCA September 18, 2019), the former wife appealed a trial court’s order that she pay significant attorneys’ fees and costs to the former husband for post-judgment litigation that spanned two and a half years.
Posted by Nydia Streets of Streets Law in Florida Divorce
What is a summary judgment in a Florida divorce and when is it granted? When a party files a motion for summary judgment, he or she is saying to the court that there is no dispute as to one or all of the issues in the case, and there is no need to go to trial on those issues because it would be a waste of time where certain facts are undisputed. So summary judgment is granted when a party shows that both sides admit certain facts that are elements of a claim made in a case. The recent appellate matter Rios v. Quiala, 3D18-898 (Fla. 3d DCA September 11, 2019) is an example of summary judgment and how it is applied in a Florida family law case.
Posted by Nydia Streets of Streets Law in Florida Divorce
When one spouse purchases a home using funds earned prior to the marriage, is that spouse entitled to a credit in a Florida divorce for those funds? This issue arose in the recent appellate case Erdman v. Erdman, 5D18-3043 (Fla. 5th DCA September 13, 2019) in which the former wife appealed the trial court’s decision to award the former husband more than 50% equity in the marital home based on the former husband’s claim that the down payment on the home came from funds he earned prior to marriage.
Posted by Nydia Streets of Streets Law in Florida Divorce
In a unique and unfortunate case involving arson and a Florida divorce, a Florida appellate court considered the appeal of a former husband who opposed the trial court’s decision to award the former wife all of the marital assets and to freeze his entire employee stock ownership plan despite only awarding the former wife half of it. The case is titled Hardy v. Hardy, 1D17-277 (Fla. 1st DCA September 9, 2019).
Posted by Nydia Streets of Streets Law in Florida Divorce
There is an issue brewing in Florida family law cases as it relates to the award of attorneys’ fees and costs in a Florida divorce. The case Allen v. Juul, 2D17-2965 Allen v. Juul (Fla. 2d DCA August 9, 2019) certifies conflict with another Florida appellate court as to the requirement that “the trial court's error of failing to make statutorily required factual findings in chapter 61 proceedings must first be raised in the trial court by way of motion for rehearing in order to be preserved for appellate review.” Certifying conflict means the Florida Supreme Court may weigh in and make a final decision as to conflicting decisions between Florida appellate courts.
Posted by Nydia Streets of Streets Law in Florida Divorce
When a party fails to meet his or her obligations under a Florida divorce judgment, what remedies are available? The answer depends on what type of obligations are being enforced. If support obligations are at issue, the remedy of contempt is available. Most other obligations in an order cannot be enforced by contempt and must be specifically reviewed to apply appropriate remedies. In the case De Diego v. Barrios, 3D17-1990 (Fla. 3d DCA April 24, 2019), the appellate court considered the appeal of a former husband against whom the trial court entered an equitable lien arising from the former husband’s failure to pay sums due to the former wife for equitable distribution.
Posted by Nydia Streets of Streets Law in Florida Divorce
Several issues regarding alimony, child support, equitable distribution and a parenting plan were disputed in a Florida appellate case ruled on earlier this year. In the case Walker v. Walker, 2D17-4575 (Fla. 2d DCA May 31, 2019), both the former husband and the former wife disputed major portions of their final judgment of divorce, and asked the appellate court to reverse ruling on key issues.
Posted by Nydia Streets of Streets Law in Florida Divorce
How much does a Florida divorce court rely on expert testimony? In many cases, expert testimony is helpful in shedding light on complicated issues. The most common type of expert in a Florida divorce case is a forensic accountant. This type of expert usually testifies regarding equitable division of assets and debts in a marriage, and how much alimony should be awarded based on the incomes and spending of the parties. While an expert is helpful, the court must be careful not to rely solely on the expert’s testimony in reaching conclusions about the case, as illustrated in Tritschler v. Tritschler, 2D18-761 (Fla. 2d DCA June 7, 2019).
Posted by Nydia Streets of Streets Law in Florida Divorce
Would a spouse be responsible for paying back the other spouse’s student loans in a Florida divorce? Many parties question this, because the thought is that the spouse earning the degree will continue to benefit from it to the exclusion of the other spouse well after the divorce. So why should the the non-degree-earning spouse have to pay for the loans that supported the degree? The recent case Gudur v. Gudur, 2D16-3127 (Fla. 2d DCA June 28, 2019) goes over this issue.
Posted by Nydia Streets of Streets Law in Florida Divorce
After a final judgment is entered in a Florida divorce case, parties probably expect to ride off into the sunset and be finished with a former spouse. However, it is common that parties will still have issues post-judgment, even if no children are involved. The case Lapciuc v. Lapciuc, 3D18-1804 (Fla. 3d DCA July 3, 2019) shows us how a dispute concerning a business owned by former spouses mushroomed into what was likely expensive post-judgment litigation.
