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The financial consequences of divorce do not end when a marriage is dissolved. In many cases, months or even years pass before marital assets are finally distributed, leaving one spouse without the benefit of property to which they may ultimately be entitled. When that happens, an important question arises: should the spouse who was deprived of those assets be compensated for the delay? In a significant decision, the Florida Supreme Court answered that question by holding that trial courts have the discretion to award prejudgment interest as part of an equitable distribution award when doing so is necessary to achieve a fair result.

If you are facing a divorce involving substantial assets or contested property division, an experienced Miami family law attorney can help protect your financial future from the very beginning. Notably, Sandy T. Fox, P.A., represented the husband before the Florida Supreme Court in this landmark case, giving the firm firsthand experience with the legal principles that now govern equitable distribution disputes throughout Florida.

Facts and Procedural History

Allegedly, the parties’ marriage was dissolved after one spouse filed a petition for dissolution. Although the court entered a judgment dissolving the marriage relatively early in the litigation, it reserved jurisdiction to decide disputed issues involving equitable distribution, alimony, attorney’s fees, and costs. The financial issues remained pending for several years before the trial court entered a supplemental judgment resolving the distribution of the marital estate.

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Divorce orders are meant to bring certainty to the parties’ financial obligations, but disputes often continue after a final judgment is entered. Problems can arise when a final judgment fails to accurately reflect the parties’ agreement or when one spouse decides to disregard the court’s order by unilaterally reducing support payments. Florida law provides important protections in these situations to ensure that negotiated agreements are properly incorporated into final judgments and that support obligations are enforced according to the law, not one party’s personal interpretation of what is fair. A recent Florida decision highlights these principles and reinforces that parties must follow court orders unless and until they are modified through the proper legal process. If you are involved in a divorce or post-judgment dispute, an experienced Miami family law attorney can help protect your financial rights and ensure that court orders are properly enforced.

Case Setting

Allegedly, the parties finalized the dissolution of their marriage after reaching agreements concerning several financial issues, including alimony. During the proceedings, the parties agreed to the duration of the alimony obligation. At the same time, another issue involving life insurance remained unresolved and was expected to be addressed at a later hearing.

It is alleged that when the trial court entered the final judgment, the order failed to include the agreed duration of the alimony award. Instead, the judgment omitted that essential term and also resolved the outstanding life insurance issue without conducting the additional hearing that had previously been contemplated. Continue reading ›

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Determining an appropriate financial outcome in a divorce requires more than simply dividing marital assets. Courts must also evaluate whether one spouse has a genuine need for support, whether the other spouse can pay, and how any alimony award will affect child support calculations. Because these issues are closely connected, an error in one part of the financial analysis can require additional proceedings even when much of the trial court’s judgment is otherwise correct. A recent Florida ruling demonstrates the broad discretion trial courts possess when fashioning equitable alimony awards while emphasizing the importance of accurately calculating child support. If you are facing a divorce involving significant assets, alimony, or child support issues, an experienced Miami family law attorney can help protect your financial future throughout the process.

History of the Case

Allegedly, the parties ended a marriage that had lasted more than 26 years and shared one minor child. Throughout much of the marriage, the former husband pursued a successful professional career that substantially increased his earnings. In contrast, the former wife worked part-time for several years after the parties’ child was born before eventually returning to full-time employment. During the marriage, the parties accumulated assets worth more than five million dollars.

It is alleged that following the parties’ separation, disputes arose regarding alimony, child support, and parental decision-making authority. After trial, the court awarded the former wife lump sum durational alimony, ordered child support, and granted the former wife ultimate decision-making authority for the parties’ child. Continue reading ›

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Missing a scheduled court hearing in a family law case can have serious consequences, including the entry of a default judgment that significantly affects a person’s legal rights. While courts expect litigants to carefully comply with procedural rules and hearing schedules, Florida law also recognizes that genuine mistakes sometimes occur. When a party can demonstrate that a missed hearing resulted from excusable neglect rather than intentional disregard for the judicial process, the law provides a mechanism for seeking relief. A recent Florida decision clarifies that when a party presents a legally sufficient claim supported by sworn evidence, the trial court generally must hold an evidentiary hearing before denying relief from a default judgment. If you are facing a default judgment or another significant procedural issue in a family law matter, an experienced Miami family law attorney can help protect your rights and advocate for a fair outcome.

Facts and Procedural History

Allegedly, the appellant sought relief from a default final judgment that had been entered after she failed to appear for a scheduled hearing. After the default judgment was entered, she filed a motion under Florida Rule of Civil Procedure 1.540(b), asserting in a sworn statement that she had inadvertently miscalendared the hearing date and therefore failed to appear. She filed the motion only nine days after discovering that the hearing had already taken place.

It is alleged that, at the time of the calendaring error, the appellant was representing herself rather than being represented by legal counsel. Despite her sworn explanation describing the mistake, the trial court denied her motion without conducting an evidentiary hearing to evaluate the circumstances surrounding her failure to appear. 

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Administrative child support proceedings offer an efficient alternative to traditional court litigation, but they also operate under a unique statutory framework that limits who may seek appellate review. Parents often assume that any party dissatisfied with an administrative support decision may appeal directly to a district court of appeal. A recent Florida decision demonstrates that this is not always true and explains how the Legislature has restricted appellate jurisdiction in these cases. If you have questions about a child support matter or need guidance navigating Florida’s family law system, you should speak with a Miami family law attorney as soon as possible.

Case Setting

Allegedly, the Department of Revenue initiated administrative proceedings to establish child support, and an administrative law judge entered a final administrative support order that the Department later rendered. The parent receiving support was dissatisfied with the outcome and sought direct review in the district court of appeal after the final order was entered.

It is alleged that the appealing parent filed a notice of appeal seeking review of the administrative support order, believing that the appellate court had jurisdiction to consider challenges to the decision. The Department responded by filing a motion to dismiss, arguing that Florida’s statutory scheme authorizes only certain parties to seek direct appellate review of administrative support orders. Continue reading ›

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Guardian ad Litem often plays an important role in high-conflict family law disputes by providing independent recommendations concerning a child’s best interests. Although trial courts have broad discretion to appoint a Guardian ad Litem when necessary, they must also carefully consider how the costs of that appointment will be allocated between the parties. A recent ruling by a Florida court demonstrates that a court cannot simply require one parent to bear the full financial burden without making the findings required by law. If you are involved in a custody, timesharing, or relocation dispute, consulting a Miami family law attorney can help ensure your financial and parental rights are protected throughout the litigation process.

Facts and Procedural History

Allegedly, the parties divorced several years before the dispute giving rise to the appeal. After the dissolution judgment, the mother sought a temporary suspension of the father’s timesharing with the parties’ minor children based on concerns affecting the children’s welfare. Following multiple evidentiary hearings, the trial court concluded that immediate reinstatement of timesharing was not in the children’s best interests, but ordered the parties to participate in reunification therapy to gradually rebuild the parent-child relationship.

It is alleged that the mother later sought permission to temporarily relocate to Massachusetts with the children after receiving a job opportunity. She asserted that the request was prompted in part by the father’s failure to satisfy child support obligations and other court-ordered financial responsibilities. After considering the statutory relocation factors, the trial court determined that temporary relocation served the children’s best interests, provided that reunification therapy continued and additional oversight was implemented. Continue reading ›

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Determining child support requires courts to assess each parent’s financial circumstances accurately, but income calculations are not always as straightforward as reviewing a paycheck. Parents who reduce their work schedules to care for young children often face disputes over whether additional income should be attributed to them for support purposes. A recent Florida ruling demonstrates that trial courts must carefully evaluate childcare responsibilities before imputing income and calculating child support obligations. If you are involved in a paternity or child support dispute, speaking with a Miami family law attorney can help ensure your financial circumstances are fairly considered under Florida law.

Case Setting

Allegedly, the father initiated a paternity action involving the parties’ two minor children, and the mother responded by filing her own petition. The litigation involved multiple motions, amendments, and discovery disputes before the matter ultimately proceeded to a final hearing.

It is alleged that the father did not appear for the final hearing, although his attorney attended on his behalf. The trial court dismissed the father’s petition but addressed the mother’s petition. During the hearing, evidence showed that the mother had served as the children’s primary caregiver for several years and that the father had not had the children overnight for more than two years. The mother also testified that she worked only part-time because she cared for five minor children and lacked reasonable childcare alternatives.

Reportedly, the trial court entered a final judgment awarding shared parental responsibility while granting the mother ultimate decision-making authority. The court established a timesharing schedule, imputed additional income to the mother based on full-time minimum wage employment, and calculated both ongoing and retroactive child support using that higher income figure.

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Termination of parental rights is among the most significant actions a Florida court can take because it permanently severs the legal relationship between a parent and child. Before entering such an order, the court must determine that statutory grounds exist, that termination is the least restrictive means of protecting the child from harm, and that the decision serves the child’s best interests. A recent Florida decision illustrates how appellate courts review these findings and the importance of a complete trial record when parental rights are at stake. If you are involved in a dependency or termination of parental rights proceeding, you should speak with a Miami family law attorney as soon as possible to protect your rights and your relationship with your child.

Facts and Procedural History

Allegedly, the Department of Children and Families initiated dependency proceedings involving a minor child after concerns arose regarding the child’s safety and welfare. As the case progressed, the parent was provided with a court-approved case plan designed to address the issues that had led to the child’s removal and facilitate reunification.

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Financial disputes often continue long after a divorce judgment is entered. Questions frequently arise regarding enforcement mechanisms available to collect unpaid obligations, particularly when attorney’s fees are involved. A recent Florida decision highlights important limits on the use of income deduction orders in post-divorce litigation and clarifies when such orders may be used to collect attorney’s fee awards. If you are involved in a dispute concerning support enforcement or post-judgment family law issues, it is advisable to speak with a Miami family law attorney to understand your rights and available remedies.

Facts and Procedural History

Allegedly, the former spouses had been involved in extensive post-judgment litigation following the dissolution of their marriage, including prior appellate proceedings concerning the underlying final judgment.

It is alleged that the trial court entered multiple post-judgment orders that awarded attorney’s fees to the former husband, adjudicated the former wife in contempt, restricted certain discovery efforts, and issued income deduction orders designed to secure payment of the attorney’s fee awards. Continue reading ›

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Family law disputes often involve heated disagreements, urgent motions, and scheduling conflicts. While trial courts have broad authority to manage their dockets and address litigation conduct, that authority is not unlimited. Parties facing sanctions must still receive notice and an opportunity to be heard before financial penalties are imposed against them. A recent Florida ruling demonstrates the importance of these fundamental due process protections and serves as a reminder that courts must follow proper procedures before awarding sanctions. If you are involved in a contentious custody, paternity, or family law dispute, you should speak with a Miami family law attorney to ensure your rights are protected throughout the litigation process.

Facts and Procedural History

Allegedly, the parties were involved in a paternity action that included disputes concerning issues related to a child’s school boundary designation. A hearing on the father’s motions was scheduled for late May 2024.

It is alleged that two days before the scheduled hearing, the mother’s attorney moved to withdraw from representation based on irreconcilable differences. Counsel also requested a continuance to allow the mother adequate time to secure new legal representation. Continue reading ›

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