A South Florida doctor’s wife succeeded in obtaining a reversal recently of a trial court order that awarded her only durational rather than permanent alimony. Since the couple was married for 18 years, the wife should have received permanent alimony unless the trial judge made a finding that permanent alimony was inappropriate. The Fourth District Court of Appeal‘s decision in this couple’s case was also interesting in reaffirming that simply because the state legislature created durational alimony a few years ago did not mean that its creation wiped out the legal presumption in favor of permanent alimony in cases involving long-term marriages.
If you are familiar with daytime talk TV shows, or maybe just pop culture in general, perhaps you’ve witnessed the scene. The baritone-voiced talk show host, with all the appropriate dramatic pauses, tells the man sitting on stage the results of a DNA paternity test. “You are… not the father,” the host exclaims. The man dances. The woman cries. YouTube users compile the scenarios for “Best of” and “Top 5” videos. These issues also occur outside daytime TV, and they are very serious matters. Many real lives may be dramatically altered by the outcomes of these procedures. So, what happens if you think you may need to disestablish legal paternity of a child in Florida? A recent case decided by the First District Court of Appeal, in resolving the case of one man, highlights some options available under this state’s law.
A popular song from 2005 took a cynical look at certain aspects of couples and family relationships. In the song, the rapper opines, “She got one of your kids, got you for 18 years.” The lyric, of course, is a reference to child support and the commonly held notion that a parent owing support could potentially pay from the child’s birth until the child reaches the age of majority on her 18th birthday. In states like Florida, however, this notion is not precisely accurate. A recent case from North Florida illustrates this point. The First District Court of Appeal upheld a trial court’s decision to award child support to a father, even though he filed his request for support after the daughter had already turned 18 years old. Why did he win? He won because, although the child was 18, she had not yet graduated from high school.
An alleged stalking case from the Tampa Bay area serves as a reminder of the appropriate legal and procedural hurdles that must be cleared before an injunction against stalking can be issued. In this case, the Second District Court of Appeal overturned the entry of an injunction against a man because the trial court denied him his constitutional rights when it refused to let him put on part of his evidence defending against the assertions made by his ex-girlfriend.
In Florida, the laws regarding divorce have followed a “no-fault” system since 1971. Today, there are only two bases for obtaining a divorce: that the marriage has irretrievably broken down, or that one spouse has been declared mentally incompetent for at least three years. Before that, there were nine bases for obtaining a divorce under the old statute. One of those bases was adultery. Even though adultery is no longer a ground for divorce, a trial court in a divorce case may consider a spouse’s infidelity and, depending on the facts proven, may use that affair to alter the decisions it makes on alimony and equitable distribution. A recent Fifth District Court of Appeal case originating in Flagler County offers an example of how this works.
When your spouse or you decides to file for divorce, the issues may seem straightforward, regardless of whether or not they are contested. You may have to resolve matters surrounding child custody and timesharing, child support, alimony, and the distribution of marital assets. Even if these issues do seem straightforward at first, do not fall into the trap of thinking that this necessarily means that you do not need experienced legal counsel. Any of these issues may present within it nuanced elements of the law. For example, in a child support and alimony case from this spring, the Second District Court of Appeal reversed a trial court order obliging the husband to pay for his wife’s moving out and obtaining a new apartment. The husband’s appeal succeeded because the way the trial court structured the obligation did not comply with the specific requirements of the law.
A Florida man successfully appealed a trial court ruling that declared the couple’s home to be the wife’s separate property. The Fifth District Court of Appeal overturned the trial court’s ruling, based upon the wording contained in the couple’s prenuptial agreement. That agreement gave each spouse the right to give away, sell, or distribute via estate planning tools his or her separate property. By transferring the title of the couple’s home from her name alone to the husband’s name alone, the wife completed exactly such a valid gift, which made the property the husband’s alone.
When you believe that you are threatened by your partner or former partner, the law and the courts may be a vital part of enhancing your safety. In order to make sure that you protect yourself, it is important to be sure that you are pursuing the proper type of injunction of protection. In one recent case originating in Palm Beach County, the Fourth District Court of Appeal revived a woman’s case seeking an injunction of protection against repeat violence. Contrary to the trial court’s decision, the woman did present a valid case because the woman’s evidence of stalking qualified as “violence.”
A recent study is reporting that there are specific peaks of divorce filings in March and August. According to researchers, people who want to get divorced do not want to file during the summer family vacation season or before the winter holidays of Thanksgiving and Christmas. The study found that divorce filings peaked in March and August and were the lowest in November and December. Divorce filings also decreased in April and did not increase until August.
Researchers examined divorce cases in 37 of 39 counties in one state between 2001 through 2015. Irrespective of the size of the counties, the trends appeared to be similar. The research indicated that there were 430 divorce filings in December, 570 divorce filings by March and 558 in August. From December to March the divorce filings increased by 33%. Similarly, from December to August divorce filings increased by 30%. The peaks in divorce case filing happen in the months after the winter and summer breaks.
The delay in divorce filings may be attributed to socially sensitive times during the year. People enter holiday seasons with rising expectations even though they may have had a substandard year. They leave the holidays looking for a new opportunity, a fresh start and a change. For unhappy marriages, vacations can be very stressful when they do not meet expectations. After spending a lengthy vacation with a spouse, individuals often find that they are even unhappier and begin to plan for their divorce.
When you become involved in a family law case, it is important that you follow the orders issued by the judge. However, it is also important to understand that, if you do not comply, there are certain limits imposed by the law regarding the punishments that the judge can hand out. These limits are the reason that the Third District Court of Appeal threw out an order jailing a man recently. The man, represented by Sandy T. Fox, P.A. Law Offices, could not permissibly be jailed because the notice regarding his most recent hearing, which he attended, did not state that he was potentially facing criminal contempt penalties.