SMITH FAMILY CASE LAW REVIEW: Week of February 5, 2018:
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)).
Posted by Roy Smith on Feb 12th 2018
