Smith Family Law Update: April 3 through April 14, 2017
Martinez v. Martinez: Fla. 2nd DCA, April 5, 2017:
Where evidence that Wife’s need (in a 30 year marriage) exceeded the trial court’s award of alimony where Husband had ability to pay the articulated need, it was error to award less than the need as evidenced by Wife. It was improper to impute to Wife some additional form of income which was only speculative.
Sciame v. Sciame: Fla. 2nd DCA, April 5, 2017:
Trail court erred in ordering Former Husband to elect survivor benefits to secure the award of a portion of his pension to Wife. Adding such a provision in an enforcement proceeding was an effective modification of equitable distribution without authority.
Cook v. Cook: Fla. 2nd DCA, April 5, 2017:
Trial court erred by deny permanent alimony in 18 year marriage without including the statutory findings of facts to support the denial of alimony. Statement that”[t]here was no competent substantial evidence to support the wife’s request for alimony. The Court has reviewed the Wife’s alimony claim in accordance with Florida Statute 61.08” was insufficient.
Rodriguez v. Lorenzo: Fla. 3rd DCA, April 5, 2017:
Trial court’s ruling denying Wife of a short term marriage alimony was upheld. Further, Wife’s claim for “psychological damages” for acts which occurred after the entry of the final judgment were improper and court did not have jurisdiction to entertain such claims.
Fawcett v. Gainey: Fla 5th DCA, April 7, 2017:
Trial court erred in including Wife’s engagement ring in value of jewelry for equitable distribution as engagement rings a pre-marital property.
Noe v. Noe: Fla. 1st DCA, April 13, 2017:
Trial court did not err in denying a motion to dissolve and injunction for domestic violence. While Father may have demonstrated that the scenario underlying the injunction no longer existed, it did not mean that the Mother could not show that she reasonably maintained a fear of becoming a victim of domestic violence.
***Facts are horrible on this one. Click link to learn more.
Regan v. Regan: Fla. 4th DCA, April 12, 2017:
Husband, on appeal claimed that the reduction of his alimony from $9,000.00 (which was previously agreed to) a month to $7,800.00 a month was insufficient. He claimed that Wife should have had minimum wage imputed to her and that she be required to withdraw from her retirement to reduce alimony obligation. Trial court found that Wife’s steps to decrease her monthly need (by downsizing) was a basis for a reduction in alimony. However, trial court did not have to impute minimum wage to Wife when such earnings were not contemplated by the Marital Settlement Agreement. Further the Marital Settlement Agreement did not contemplate the use of retirement funds or income which could be derived from such funds a source of income for modification.
Brussot v. Brussot: Fla. 4th DCA, April 12, 2017:
Trial court erred in awarding property without providing written findings determining whether the property was a marital asset and making written findings valuing and equitably distributing the property.
Aranda v. Padilla: Fla. 4th DCA, April 12, 2017:
Trial court erred in paternity case by 1) awarding the mother sole parental responsibility without finding that shared parental responsibility would be detrimental to the child; 2) failing to address timesharing on holidays, special occasions, and school breaks; and 3) failing to consider the parties’ financial positions when denying father’s request that travel expenses be shared.
Posted by Roy Smith on Apr 14th 2017
