Fort Lauderdale Divorce Lawyer Blog

Florida Court Discusses Third-Party Rights in Divorce Proceedings

Published on: March 27, 2022 | by Sandy T. Fox

Typically, divorce actions and equitable distribution claims only involve two people. In some cases, though, other parties will have an interest in assets that may be subject to equitable distribution and therefore may intervene in dissolution proceedings. Recently, a Florida court evaluated a third party’s right to challenge a ruling issued in a divorce case, in a matter in which the husband’s mother sought to disqualify the wife’s forensic accountant. If you have questions regarding how your assets may be divided in a divorce, it is smart to speak to a Miami divorce attorney.

The Facts of the Case

It is reported that the wife filed a petition for dissolution in 2019. Two years prior to filing for divorce, the husband’s mother was involved in commercial litigation relating to entities that she owned. As part of that action, she hired a forensic accountant. The matter was ultimately resolved via a confidential settlement agreement. Subsequently, the wife retained the same forensic accountant to opine as an expert in the dissolution proceedings. The husband’s mother then filed a motion asking the court to disqualify the accountant and a motion to stay the divorce proceedings while the motion to disqualify was pending. The court denied the husband’s mother’s motion to stay, after which she filed a petition for certiorari review.

Third-Party Rights in Divorce Proceedings

On appeal, the appellate court denied the husband’s mother’s petition. In doing so, it noted that in order to be entitled to certiorari relief, a party must demonstrate that a trial court’s order departed from the essential requirements of the law in a manner that will lead to irreparable harm. The appellate court explained that a departure from the critical requirements of the law means that a violation of a clearly established legal principle has occurred, resulting in the miscarriage of justice. Continue reading ›

Court Examines Determinations of Income in Florida Child Support Cases

Published on: March 18, 2022 | by Sandy T. Fox

Under Florida law, all parents have an obligation to financially support their minor children. Thus, in many cases in which parents share custody of a child, the courts will find it appropriate to order one parent to pay the other child support. Child support obligations are calculated, in part, based on the parent’s respective income. While income can include financial contributions from outside sources, the courts can only impute income to a party if there is competent evidence that it is appropriate. This was demonstrated in a recent ruling in which the court reversed a trial court’s order granting a modification of a child support obligation on the grounds that the trial determination of a mother’s income was not supported by competent evidence. If you need assistance with a child support issue, it is prudent to contact a Miami child support lawyer as soon as possible.

The Facts of the Case

It is alleged that the mother and the father ended their marriage in 2015. At that time, they entered into a marital settlement agreement that included a determination of child support obligations. In 2017, the mother sought a modification of child support on the grounds that it was warranted due to the father’s recent salary increase, which constituted a substantial change in circumstances. In 2019, the father sought a modification of time-sharing.

Reportedly, the court resolved both motions in 2020 and issued a judgment stating, in pertinent part, that the mother could afford to be a stay-at-home parent because her fiancé covered a substantial amount of her living expenses. The judgment further stated that the fiancé’s payments must be included in the mother’s income for the purposes of calculating child support. The mother challenged the judgment, arguing that the trial court’s determination with regard to her income was improper. Continue reading ›

Florida Court Examines Appellate Review of Decisions Terminating Parental Rights

Published on: March 12, 2022 | by Sandy T. Fox

The Florida courts generally aim to preserve the relationship between parents and their children. A court’s primary interest in any action involving a child, however, is what is in the child’s best interest. As such, if a court determines that terminating a parent’s rights will benefit a child, that decision will typically be upheld on appeal. Recently, a Florida appellate court discussed the standard of review appellate courts employ when assessing whether a trial court properly terminated a parent’s rights in a case in which it ultimately upheld the trial court’s decision. If you have questions regarding custody of your child, it is in your best interest to speak to a skilled Miami child custody lawyer regarding your options.

Procedural History of the Case

The grounds for the action to terminate the mother’s parental rights were not provided. It is reported, however, that proceedings were instituted to terminate the mother’s parental rights with regard to her three minor children. Multiple evidentiary hearings were held, during which the mother produced medical records and witness testimony in support of her assertion that her rights should be preserved. The trial court did not find the mother’s arguments to be persuasive and issued a final judgment terminating her parental rights. The mother appealed.

Appellate Review of Decisions Terminating Parental Rights

On appeal, the court focused on the standard of review employed when evaluating whether a trial court properly terminated a party’s parental rights. Specifically, the appellate court noted that its function was not to re-evaluate evidence presented at trial and substitute its judgment for that of the trial court. Continue reading ›

Florida Court Discusses Determining the Effective Date for the Termination of Marriage

Published on: March 4, 2022 | by Sandy T. Fox

There is typically some delay between the time a couple decides to end their marriage and the date ultimately determined to be the effective date of the end of the marriage. While the difference may seem insignificant, it is essential for determining issues like property division and spousal support. Recently, a Florida court discussed the distinction between the two dates in a case in which the wife argued that the court relied on the wrong date when determining equitable distribution. If you are contemplating seeking a divorce, it is advisable to confer with a seasoned Miami divorce lawyer to assess your rights.

The Divorce Action

It is reported that the couple married in 1996 and separated in 2008. They did not enter into a formal separation agreement, but both began relationships with other people. In 2018, the husband filed a petition for dissolution of marriage. The wife filed a counter-petition in which she sought alimony. The court held a trial on the issue of alimony and equitable distribution, during which it determined the effective date of the end of the marriage to be 2008. As such, it denied the wife’s request for alimony. The wife filed a motion for rehearing, arguing that the court erred in determining the effective termination date to be 2008 rather than 2018.

Determining the Effective Date for the Termination of Marriage

The appellate court agreed with the wife’s argument that the trial court improperly calculated the effective date for the termination of the marriage. It found the error to be harmless, however and therefore affirmed the trial court’s rulings with regard to property division and alimony. Continue reading ›

Florida Court Discusses the Right to Disestablish Paternity

Published on: February 28, 2022 | by Sandy T. Fox

Many parties have children outside of the context of marriage, and while in some cases paternity is not at issue, in others, legal action is necessary to define a child’s parentage. Once a man has been legally established as the father of a child, pursuant to Florida law, it is difficult to disestablish paternity. While the law allows fathers to reverse course on paternity in some cases, the same is not necessarily true for mothers, as demonstrated in a recent Florida ruling. If you have questions regarding paternity and your parental rights, you should contact a trusted Miami paternity lawyer to evaluate your options.

Background of the Case

It is alleged that the parties conceived the child in question in April 2014. They subsequently entered into a stipulation confirming the father’s paternity, and a court ratified it via order in 2016. Later that year, the mother filed a petition to relocate to Colorado with the child. The trial court denied the motion, and the child remained in Florida with the father and had visitation with the mother in the summer.

Reportedly, in 2017, the mother stated that she remembered an encounter with another man around the time the child was conceived. A DNA test determined the second man to be the child’s father within 99.99% certainty. The mother then moved to disestablish the father’s paternity pursuant to Florida Statute 742.18 and other provisions. The trial court granted summary judgment in her favor, and the father appealed. Continue reading ›

Florida Court Explains the Discoverability of Health Records in Divorce Cases

Published on: February 21, 2022 | by Sandy T. Fox

While people do not typically think of divorce actions and a person’s health as being related, a party’s health can play a prevalent role in dissolution proceedings. For example, if one spouse alleges they cannot work due to a chronic condition or that the opposing party caused them to suffer mental or emotional distress, their health may be at issue, and in such instances, their medical records may come into play. If a party does not place their health at issue, though, their health information is privileged under Florida law. Recently, a Florida court discussed the disclosure of a party’s medical records in divorce cases in a matter in which it ultimately ruled the wife’s health information was privileged. If you aim to end your marriage, it is important to talk to a skillful Miami divorce attorney about what information you may have to produce to establish your claims.

History of the Case

The underlying facts of the case were not provided in the court’s opinion. It is alleged, however, that the parties were involved in a dissolution proceeding. Subsequently, the wife sought a writ of certiorari quashing the order issued by the trial court to the extent it compelled her to produce her mental health records and personnel records without requiring that they first undergo an in-camera review before they were turned over to the husband’s expert. Further, the wife asserted that the trial court failed to issue a finding that she waived her privilege to the records.

Discoverability of Health Records in Divorce Cases

The court found that the records in question were privileged pursuant to case law and statute. Specifically, Florida law is clear that a person’s medical records are confidential. Additionally, Florida law cautions against permitting parties to discover entire personnel files, as it could lead to the disclosure of information that is not relevant but could cause irreversible harm. Continue reading ›

Florida Court Discusses Motions to Continue in Divorce Matters

Published on: February 14, 2022 | by Sandy T. Fox

Many people who come to the decision to end their marriage want it to be over as soon as possible. Others, though, will engage in behavior that ultimately delays the resolution of the case. The Florida courts will grant requests to continue divorce trials in some instances, but only if a continuance will not be prejudicial to the other party; otherwise, such requests may be denied. Recently, a Florida court discussed the grounds overturning the denial of a continuance in a divorce matter in a case in which the husband argued that the trial court erred in refusing to push back his divorce trial. If you decided to seek a divorce, it is in your best interest to talk to a trusted Miami divorce attorney regarding your rights.

The History of the Case

It is reported that the trial court entered a final judgment dissolving the marriage between the husband and the wife. The husband appealed, arguing in part that the trial court erred in refusing to grant his prior motion to continue the trial which forced him to proceed without an attorney, placing him at a disadvantage.

Grounds for Overturning a Denial of a Motion to Continue in Divorce Cases

The Florida appellate courts will review a trial court’s denial of a motion to continue for an abuse of discretion. In doing so, the appellate court will weigh whether the moving party will suffer injustice due to the trial court’s denial of the motion, whether the underlying impetus for the motion could not have been foreseen by the moving party of whether it is motivated by dilatory tactics, and whether the opposing party will suffer injustice or prejudice if the trial court granted the motion. Continue reading ›

Florida Court Discusses Injunctions in Family Law Cases

Published on: February 7, 2022 | by Sandy T. Fox

When a couple that runs a business together decides to end their marriage, one spouse will frequently buy out the other’s business interests. In cases in which the relationship between the parties is contentious, the court may have to order the party that sold their shares not to interfere with the business operations. As demonstrated in a recent ruling issued in a Florida case, though, the court cannot completely stifle a party’s ability to communicate. If you want to end your marriage and you and your spouse own a business, it is smart to talk to a Miami divorce attorney to determine your options.

The Facts of the Case

It is alleged that the husband and the wife owned a marine towing business. When they divorced, the husband sold his shares in the business to the wife. They later entered into a post-judgment agreement that prohibited the husband from interfering with the wife’s business, which in part meant that he could not make disparaging remarks about it.

It is reported that the husband subsequently posted comments on his Facebook account disparaging the business, however, and the wife moved to enforce the agreement. The trial court entered an injunction that precluded the husband from making any posts on social media. The husband appealed, arguing that the terms of the injunction were overbroad and burdensome. Continue reading ›

Florida Court Explains When Durational Alimony is Appropriate

Published on: January 28, 2022 | by Sandy T. Fox

While many people assume that women are the primary caregivers for their children, it is not unusual for a husband and wife to decide that the husband will stay at home to care for the children while the wife works. As a result, if a marriage terminates because the husband does not work, the husband has the right to claim alimony from the wife. In a recent divorce case in Florida, the court explored when alimony is acceptable and what considerations should be considered when deciding whether it should be granted. If you or your spouse intends to file for divorce, consult with an experienced Florida family law attorney to see how the breakdown of your marriage will affect your finances.

History of the Case

It alleged that the husband and wife married in 2006 and had two children. From 2011 until 2017, the couple decided that the husband would stay at home and care for the children, and he did not work. He acquired a job in retail when he returned to work, earning around $1,400.00 per month. The wife worked as an auditor and got annual payments from a family trust fund, earning roughly $9,000.00 each month.

According to reports, the wife petitioned for divorce in 2017 and the husband counter-petitioned for alimony. The court awarded the husband $2,000.00 per month in alimony for sixty months and ordered the woman to pay child support to the husband in the final decision released in 2018. The wife filed an appeal, claiming that the trial court erred in giving the husband durational alimony. Continue reading ›

Divorce and Retirement Accounts in Florida

Published on: January 21, 2022 | by Sandy T. Fox

Many people put money into retirement savings accounts during the course of their employment. While retirement plans can only be in one person’s name, income deposited into a retirement account during a marriage is generally considered marital property and is subject to equitable distribution unless otherwise agreed. As discussed in a recent Florida ruling, a party who waives their right to their former spouse’s retirement benefits through a marital settlement agreement is not entitled to such benefits simply because of a mistake in the plan contract. If you or your spouse intends to divorce, you need to obtain the services of an experienced Florida divorce attorney to help you preserve your assets.

Procedural History

According to reports, the couple married in 1988. Throughout the marriage, the husband made contributions to an ERISA-governed 401k. Under the plan, he named his wife as the principal beneficiary and his children as secondary beneficiaries. They divorced in 2017 and signed a marital settlement agreement (MSA) that stated, among other things, that each person would get benefits from any retirement plan in their name and relinquished all interest or claims in the benefits of the other party.

The MSA is said to have been ratified through the final dissolution of marriage. The spouse died two years after the divorce, and his personal representative was chosen as his daughter from a previous marriage. He did, however, forget to update the primary beneficiary on his 401k plan before he died. Although both the wife and the daughter claimed the plan proceeds, the plan administrator only gave them to the wife. A motion to enforce the MSA was filed by the daughter. In response, the wife claimed that under the MSA, she had not waived her right to death benefits. A magistrate ruled in favor of the wife after a hearing. An exception was filed by the estate. The exceptions were upheld by the trial court, and the wife was forced to hand over the 401k funds. The wife filed an appeal. Continue reading ›