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Florida is an equitable distribution state, which means that in divorce actions, the courts have the authority to divide marital assets in a manner that they deem fair and just. Not all property acquired during a marriage is subject to equitable distribution, though, as shown in a recent Florida ruling. If you have questions about how ending your marriage may impact you financially, it is prudent to talk to a skilled Miami divorce lawyer as soon as possible.

Factual and Procedural Background

It is reported that the husband and wife divorced. In the final dissolution of judgment, the trial court ordered the husband to pay the wife $255 per month, which the court stated represented a portion of his “military retirement.” Five years after the divorce was final, the wife filed a motion for enforcement and contempt, arguing that the husband retired two years earlier but had not paid her any portion of his military retirement. The court granted the wife’s motion, and the husband appealed.

Assets Subject to Equitable Distribution

On appeal, the husband argued that he medically retired and that, therefore, the money he received represented military disability payments rather than retirement payments. He further noted that he did not meet the length of service requirement to receive retirement payments from the military. As such, he argued that the trial court erred in ordering him to make payments to the wife. Continue reading ›

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One of the fundamental elements of litigation is the right to question your opponents and their witnesses. The right is not absolute, though, as demonstrated in a recent child custody case in which the courts protected a child witness from being deposed. If you are concerned about protecting your parental rights, it is in your best interest to meet with a trusted Miami child custody attorney.

Facts of the Case

It is reported that the mother and the father began living together over a decade ago. The mother had a daughter from a previous relationship, and the mother and father later had a daughter together. In 2019, the mother’s older daughter advised a mental health coordinator at her school that the father had sexually abused her and that her parents were aware of the abuse. She was interviewed multiple times, and her testimony was the same each time.

Allegedly, the Department of Children and Families (DCF) filed an action to terminate the mother’s and father’s parental rights to both children. During the trial, the oldest daughter testified regarding the abuse but recanted her earlier statements that both parents were aware of the abuse. The father moved to disqualify the judge and for a new trial, and his motion was granted, and a new trial was ordered. Continue reading ›

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In divorce actions, the parties will typically go through the process of discovery, during which they will seek any evidence that they can use to help them obtain a favorable outcome. Once discovery is complete, and the court issues its final judgment, however, parties will rarely be granted the chance to offer additional evidence. This was demonstrated in a recent Florida ruling, in which the court explained that reopening evidence in a divorce action would be unfairly prejudicial to the wife. If you are interested in seeking a divorce and want to learn more about your rights, it is smart to confer with a knowledgeable Miami divorce attorney.

History of the Case

It is alleged that in 2014, the parties divorced pursuant to a consent judgment that, among other things, fixed the equitable distribution of the estate. In 2020 the wife filed a motion asking the court to clarify her right to the husband’s pension. The court conducted a hearing during which the husband, the wife, and the benefits manager for the husband’s pension fund testified. The court ultimately entered an order defining the husband’s pension obligations to the wife.

It is reported that a week after the trial, the husband obtained a new attorney, who then moved to reopen the evidence on the grounds that the court granted the wife a greater share of the husband’s pension than she was entitled to receive. The motion asserted that supplemental evidence from the benefits manager was necessary to issue an equitable ruling. The court denied the motion, and the husband appealed. Continue reading ›

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In many divorce actions, a couple will disagree as to how marital property should be divided. In some instances, a party will go so far as to intentionally divert funds to prevent their spouse from accessing them. The courts typically do not look kindly on such behavior, as demonstrated in a recent Florida divorce action in which the court found that the wife’s act of depositing marital funds in an irrevocable trust constituted misconduct. If you have concerns about how a divorce could impact your finances, it is in your best interest to meet with a Miami divorce attorney as soon as possible.

Factual and Procedural Background

It is reported that the husband and the wife were in the process of divorcing. After the petition for dissolution was filed, the wife transferred approximately millions of dollars in marital funds into an irrevocable trust. She allegedly did so to protect the husband from wasting the assets after the divorce, given his history of being reckless with marital funds and subject to extortion schemes. Allegedly, in the trial court’s final judgment of divorce, it allocated the money in the trust to the wife for purposes of equitable distribution, which increased the value of the marital estate and ultimately prompted the court to require the wife to pay the husband an equalizer payment of approximately $2 million. The wife appealed, challenging the trial court’s ruling.

Intentional Diversion of Marital Funds

On appeal, the trial court ruling was affirmed. Specifically, the court found that contrary to her assertions, the wife’s actions solely benefitted her and were unrelated to the marriage and, therefore, constituted misconduct and intentional diversion of marital funds. Continue reading ›

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Florida law dictates that all parents have a duty to support their children financially. When parents share custody of a child, this is often reflected through the imposition of child support obligations. While one parent may be compelled to pay child support to the other, such support is for the benefit of the child, not the parent. As such, in cases in which a court is presented with factors indicating a support obligation should be offset, their paramount concern should be the child’s welfare, not the financial status of the parents, as discussed in a recent Florida case.  If you have questions regarding child support, it is in your best interest to confer with a Miami child support attorney as soon as possible.

Facts of the Case

It is alleged that the father and the mother had one child during their marriage and subsequently divorced. The court granted them joint custody and time-sharing rights and order the father to pay the mother child support. The father failed to make any payments for a lengthy period of time and incurred a significant arrearage. He subsequently filed a petition to modify time-sharing. The court granted the motion and modified the custody order to indicate that the child would reside primarily with the father.

Reportedly, the court also imposed a child support obligation on the mother. It then set off the mother’s obligation against the father’s arrearage and stated that the mother would not have to pay child support for years. The father appealed. Continue reading ›

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Parties seeking a dissolution of their marriage in Florida must comply with any applicable procedural rules. This means, among other things, that the party that institutes an action must properly serve the initial pleading on their spouse. If they do not, the court may lack jurisdiction over the responding spouse. A person cannot attempt to avoid dissolution by evading service of process, however, as demonstrated in a recent Florida opinion issued in a divorce case. If you or your spouse intend to end your marriage, it is important to speak to a Miami divorce attorney regarding your rights.

Facts of the Case

It is alleged that the husband filed a petition for dissolution of marriage. He then hired a process server to serve the petition on the wife. The process server attempted to serve the wife at her father’s home. She tried to evade service, however, by refusing to answer telephone calls or the door and running into the house. Further, her father attempted to stop the process server from getting close to the house.

Reportedly, the process server subsequently left the wife a message on her cell phone and yelled into the house that he had papers to serve her. She did not respond, and he ultimately left the papers in an obvious location and screamed that she had been served. The wife subsequently filed a motion to dismiss the action due to improper service of process. The court denied her motion, and she appealed. Continue reading ›

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When a couple with minor children divorces, the courts will usually issue a final judgment of dissolution of marriage that includes a parenting plan and timesharing schedule setting forth their custody rights. As situations can change after such judgments are issued, the parties can seek modifications of timesharing when the need arises. Merely because a party seeks a modification does not mean that it will be granted, however, or that the court will amend timesharing rights as requested. This was demonstrated in a recent Florida case in which the court adopted the mother’s proposed timesharing schedule following the father’s motion for a modification. If you have questions regarding how you can protect your timesharing rights, it is wise to talk to a Miami child custody attorney.

History of the Case

It is reported that the parties divorced in 2018. The Final Judgment of Dissolution included a timesharing schedule and parenting plan. In 2020, the father filed a motion for a modification of the timesharing schedule due to a change in his work schedule. He submitted a proposed schedule along with his motion.

Allegedly, the wife submitted a proposed timesharing schedule in response to the husband’s motion, arguing that the husband’s proposed schedule did not comply with the terms of the parenting plan. The court granted the husband’s motion but adopted the wife’s proposed timesharing schedule. The husband appealed. Continue reading ›

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It is not uncommon for people in the process of ending their relationship to have heated battles. While arguments can be stressful, they should not cause a person to fear for their safety, and if they do, they may be grounds for seeking an injunction for protection from domestic violence. Recently, a Florida court discussed what constitutes satisfactory grounds for entering such an injunction in a case in which it ultimately reversed the trial court’s order. If you are a victim of domestic violence or were recently accused of abusive behavior, it is smart to speak to a Miami domestic violence attorney regarding your options.

History of the Case

It is alleged that the wife filed a petition for an injunction for protection against domestic violence against her husband. She stated she did so to get “space” from the husband after she advised him of her plans to seek a divorce. In her petition, she asserted that the husband verbally abused her, and sent her numerous text messages. She also claimed that he had punched a hole in a wall and kicked down a door after a disagreement.

Reportedly, though, the wife conceded that the husband had never threatened her and had never committed acts of physical violence against her. Regardless, the trial court ultimately granted the wife’s petition and entered an injunction against the husband. The husband appealed. Continue reading ›

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It is not uncommon for married couples to earn disparate incomes; if they divorce, the courts may award the lesser earning spouse alimony or child support. The courts will not only consider a person’s salary when determining their income but also other sources of revenue. As illustrated in a recent Florida ruling, though, not all money received from an employer is necessarily considered income. If you or your spouse are considering ending your marriage and you have concerns about the financial impact of the decision, it is wise to talk to a skilled Miami divorce attorney as soon as possible.

The Facts of the Case

It is reported that the parties married in 2011 and had four children. They decided to end their marriage and proceeded with a divorce action. The father, who worked for a construction and utility company, was required to travel for work. He received per diem payments from his employer to offset the cost of travel. In determining the father’s income for purposes of calculating alimony and child support, the trial court included amounts listed on the father’s earning statements as per diem as income. The father appealed the final judgment of dissolution of marriage, arguing, among other things, that the court incorrectly calculated his income.

Determining Income for Purposes of Calculating Child Support

On appeal, the court determined that the trial court erred in ruling that the money the father received as a per diem from his employer was considered income. Specifically, the court noted that under Florida law, gross income only includes in kind payments or reimbursed expenses to the extent that they reduced living expenses. Continue reading ›

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Many people living in and around Miami regularly travel out of the country. While international travel is not a cause for concern under ordinary circumstances, it can be when it involves a minor child whose parents share custody. In such instances, the courts may impose limitations regarding how and when either parent can leave the country with the child, and if a parent violates an order imposing such limitations, they may face sanctions. Recently, the dedicated Miami child custody attorneys of the Law Offices of Sandy T. Fox, P.A., dealt with such an issue in a case where the mother failed to abide by requirements for traveling internationally with a child. We were able to obtain sanctions against the mother in the amount of $10,000. If you have questions regarding your rights as a parent, you should contact us as soon as possible.

The Facts of the Case

It is reported that the mother and the father married and, in 2013, had a child. They divorced in 2015 and entered into a marital settlement agreement that the trial court adopted as part of the final judgment of dissolution. In the agreement, the parties established that if either parent wanted to travel internationally with the child, they would provide the other parent with a week’s notice in writing. Additionally, the agreement stated that if a parent failed to provide adequate notice, they would owe the other parent $10,000 and would be prohibited from traveling internationally with the child while they were a minor.

Allegedly, in 2019 the trial court entered an order stating that the mother could travel internationally with the child without the father’s consent. She took the child to Ireland later that year without notifying the father. He moved for contempt and asked the court to order the mother to pay him $10,000 and bar her from taking the child out of the country in the future. The court denied the motion, and the father appealed. Continue reading ›

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