Smith Family Law Firm Update: Week of October 9, 2017
Dukes v. Griffin: 1st DCA, October 11, 2017:
While districts have required trial courts to set forth specific steps and requirements by which a parent can restore reduced time-sharing and eliminate time-sharing restrictions the 1st DCA finds no statutory basis for such a requirement.
Brock v. Brock: 1st DCA, October 11, 2017:
A trial court's adoption of a party's proposed final judgment is not evidence that it resulted in a substitute for the court's thoughtful and independent analysis of the facts, issues, and law.
Betts v. Betts: 2nd DCA, October 13, 2017:
A dollar-for-dollar equitable credit to the former husband for the contributions he made to the mortgage of a martial property was improper as when marital assets are used during the marriage to reduce the mortgage on property, the increase in equity is a martial asset subject o equitable distribution.
Goodman v. Goodman: 2nd DCA, October 13, 2017:
Trial court erred in failing to make findings that supported its treatment of stock options awarded to Husband as a source of income and marital assets (if a trial court treats a stock option as an asset it cannot also treat the same option as income for calculating child support). The trial court also failed to include wife;s trust income as income for child support purposes,
Broga v. Broga: 1st DCA, October 11, 2017:
Trial court improperly imputed income to Husband where no evidence was shown that he could actually earn said income. As the award of attorneys fees was based on the same faulty calculation, the issue was also remanded for further determination by court.
Posted by Roy Smith on Oct 13th 2017
