When a couple decides to divorce, the court is usually entrusted with settling matters like property distribution and whether either side is due child support or alimony . However, if the court makes an error or relies on false evidence, either side can appeal the decision. In a recent opinion in a Florida case, the grounds for seeking and getting a reversal of a trial court ruling in a divorce action were discussed. If you want to end your marriage, you should speak with an experienced Florida divorce lawyer about your options.
The Decision of the Trial Court
The couple allegedly wanted to end their marriage through divorce. Following the trial court’s issuance of a final ruling ending the marriage both parties appealed. The husband, among other things, opposed the equitable division, while the wife protested the child support award. The court overturned the trial court’s decision and remanded the case for further proceedings.
Orders in Divorce Cases Can Be Reversed
Initially, the husband objected to the trial court’s equitable distribution order. The abuse of discretion threshold is applied to a trial court’s allocation of marital responsibilities and assets, according to the appellate court. Furthermore, factual determinations based on significant competent evidence must be used to support the final distribution of marital assets.
In the matter at hand, the husband claimed that the asset division incorrectly included an automobile that the wife no longer possessed. The appellate court rejected the trial court’s equitable distribution ruling and remanded the case for recalculation because the wife agreed that the trial court erred. Furthermore, the husband claimed that by refusing to give weight to an affidavit given by the husband, the trial court neglected to examine the debt linked with his car. This was deemed incorrect by the appellate court, as a party’s financial affidavit can serve as accurate evidence of the asset’s value if the party owns the item. The husband challenged the trial court’s valuation of his bank accounts, as well as the requirement that he carry life insurance, and the appellate court agreed with him, remanding the case back to the trial court.
The wife’s challenges to the award of child support based on equal timesharing, which the wife said was unsupported by the evidence, were then considered by the appellate court. The appeal court concurred, ruling that a support award must be supported by significant and competent evidence. The use of an incorrect overnight figure has an impact on the support obligation, which is dependent on the number of overnight stays each parent has with the child, according to the appellate court. As a result, the appellate court reversed the trial court’s decision on child support.
Consult with a Seasoned Attorney in Miami
In divorce cases, courts have broad discretion, although their decisions can be appealed if they are incorrect. If you want to get a divorce, you should consult with an attorney about your options. If you have questions regarding divorce or division of property, the experienced Miami attorneys of the Law Offices of Sandy T. Fox, P.A., can advise you of your rights and aid you in seeking a just outcome. We have an office in Aventura, and we regularly represent people in divorce cases in Miami. You can reach us through our form online or at 800-596-0579 to set up a meeting.