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This blog provides brief summaries of the most recent family law appellate cases and statutes that may effect the issues our existing and prospective clients are facing. This is not an exhaustive list and do not automatically assume that if a case seems similar to your facts that the same result will be reached. We encourage individuals to secure counsel. These are very difficult issues to go through alone.
On March 22, 2018, attorney Roy Smith will be lecturing at Barry University Dwayne O. Andreas School of Law regarding the practice of family law in Orlando, FL, current developments and trends in family law, and the practicalities of mediation, litigation and collaborative law. The lecture will provide students with the knowledge needed to become proficient and ethical practitioners of law.
Read More...Millan v. Millan: Fla. 2nd DCA, February 14, 2018:
In case where Wife suffered a stroke and suffered ongoing significant issues, the trial court erred in a retroactive modification of alimony so as to charge her with an obligation resulting from past overpayments by Husband.
Read More...Persaud v. Persaud: Fla. 2nd DCA, February 9, 2018:
Trial court erred by failing (pursuant to Florida Statutes 61.08(2)(h)) to consider the tax consequences of the alimony to be paid to Wife (which would have left her need not fully covered). Trial court also erred in its calculation of the retroactive child support Wife was to pay to Husband as it was based on income of Wife, including retroactive alimony she had not received. The retroactive child support should have been calculated on the income she actually received during the applicable time period (Florida Statutes 61.30(17)(a).
Diaz v. Vasquez: Fla. 4th DCA, February 7, 2018:
A cause of action for dissolution of marriage arises in the Florida county in which both parties last resided with a common intent to remain married.
Keller v. Ramseyer: Fla. 5th DCA, February 9, 2018:
Trial court erred in granting an injunction for protection against sexual violence against step-father as requested by biological father on behalf of the minor children. The only evidence was what father claimed the minor children told him (the minor children denied the abuse during their interview with the Child Protection Team). There were no eyewitnesses, affidavits from witnesses, or direct physical evidence. There was a lack of substantial, competent evidence to support the injunction. (Florida Statutes 784.046(4)(a)).
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