Fort Lauderdale Divorce Lawyer Blog

South Florida Father Uses Bankruptcy to Escape Paying for Court-Ordered Evaluation in Custody Case

Published on: August 11, 2016 | by Sandy T. Fox

There are many things related to family law that you cannot avoid paying by declaring bankruptcy. These include child support, alimony, or anything else paid to your spouse, ex-spouse, or child that is “in the nature of” support. In one recent case, though, a federal bankruptcy court ruled that a father could discharge as part of a Chapter 7 bankruptcy case his portion of the fee owed to a psychological professional for a court-ordered psychological evaluation of the father’s child as part of the parents’ custody litigation. Bankruptcy covered the debt because it was not owed to or recoverable by either the child or the man’s ex-wife.

Long-Term Marriages and the Presumption in Favor of Permanent Alimony in Florida

Published on: August 4, 2016 | by Sandy T. Fox

In Florida, if your marriage lasted 17 years or more, and you seek alimony, the law is fairly clear that a legal presumption exists that you should receive permanent alimony. There are various forms of proof that can overcome this presumption, but your young age cannot, by itself, make you ineligible for permanent alimony. In a recent South Florida case, the Fourth District Court of Appeal threw out an award of bridge-the-gap alimony because the trial court appeared to believe that the wife’s age of 42 alone made permanent alimony improper.

Calculating Child Support in Florida When a Parent Has Been Recently Fired or Laid Off

Published on: July 27, 2016 | by Sandy T. Fox

One of the many things you may be concerned about in a child support dispute is, “How will the court go about calculating how much I am able to pay?” This concern can be extremely high if you are someone who has recently lost your job, especially in this time of economic uncertainty and frequent “downsizing.” A case from the Tampa area that the Second District Court of Appeal decided earlier this month offers some very useful insight and information on this topic, along with hope for parents who’ve been recently fired but who are in court as potential payors of child support.

What Happens in Florida When an Emergency Changes Circumstances Surrounding Your Custody Arrangement

Published on: July 20, 2016 | by Sandy T. Fox

As a parent, one of your primary goals in life is the nurturing and protection of your children. When discovering that domestic violence has taken place in the home of your ex-spouse — and in full view of your children — you will probably feel spurred to take action. The law does allow the courts to make emergency changes to custody, timesharing, and visitation arrangements when situations like this occur. However, as one case from the Second District Court of Appeal shows, it is important to understand exactly what the courts can and cannot do for you when this sort of thing happens.

Florida Trial Court’s Double Hit of Income Tax Consequences Leads to Reversal of Equitable Distribution

Published on: July 13, 2016 | by Sandy T. Fox

In Florida, equitable distributions are presumed, as a starting point, to be equal distributions between the spouses unless special circumstances exist that warrant an unequal distribution. One of those special circumstances is a spouse’s misconduct with marital funds. Even if a spouse is guilty of misdeeds with marital funds, there are limits to what a trial court can impose. The Fourth District Court of Appeal recently threw out an equitable distribution because the trial court’s decision would have essentially made a husband pay for the income tax consequences of withdrawing money from the wife’s individual retirement account not once but twice.

Regardless of Ability to Pay, Ex-Husband Allowed to Pursue Argument about Ex-Wife’s Need in Florida Alimony Dispute

Published on: July 6, 2016 | by Sandy T. Fox

Going to court can be a lot like athletic or other competitions. In each situation, you want to make sure that you give yourself as many avenues for success as you possibly can. A recent alimony dispute from Palm Beach County demonstrates this well. In this case, the Fourth District Court of Appeal reversed a trial court’s decision that threw out an ex-husband’s alimony modification request. The appeals court revived the husband’s case because, regardless of whether or not the husband’s ability-to-pay argument was premature, he also presented a valid case of the wife’s reduced need for alimony, and that reduced-need argument alone was enough to allow him to continue pursuing his modification case.

The husband, L.F., and his wife, C.F., had divorced some time ago. As part of that divorce case, the wife received an award of alimony. In more recent times, the husband went back to court, asking for a modification of his alimony obligation. The husband had two arguments underlying his assertion that circumstances had changed and that the court should lower his alimony payments. First, the husband had recently retired, and this change in employment status had substantially lowered his income. Second, in the period following the couple’s divorce, the wife had come into “additional substantial and unanticipated” streams of income, which had greatly reduced the wife’s need for alimony.

Miami Court Reporter’s Untimely Death Forces Appeals Court to Grant New Trial to Husband

Published on: June 28, 2016 | by Sandy T. Fox

A 1960s song written by Chuck Berry, which was later re-recorded by artists ranging from rock icon Bruce Springsteen to country star Emmylou Harris, states in its refrain that “it goes to show you never can tell.” Litigation — especially family law litigation — can be a lot like that. There are a great many facts, legal issues, and procedural nuances that can make your case unique and unpredictable. Legal counsel can help you deal with the peculiarities and detours of your case. Take, as an example, a recent case in which the Third District Court of Appeal granted a husband’s appeal and awarded a new trial in the man’s divorce case after the court reporter’s records of the original trial were lost through no fault of the husband.

Miami Divorce Lawyer Sandy T. Fox, Esquire Achieves Board Certification In Family Trial Law By The National Board of Trial Advocacy

Published on: June 24, 2016 | by Sandy T. Fox

The National Board of Trial Advocacy (NBTA) is pleased to announce that Sandy T. Fox, Esquire of the law firm, Sandy T. Fox, P.A. has successfully achieved Board Certification as a family trial advocate. The NBTA was formed out of a strong conviction that both the law profession and its clients would benefit from an organization designed specifically to create an objective set of standards illustrating an attorney’s experience and expertise in the practice of trial law.

Sandy T. Fox, Esquire joins a growing number of trial attorneys that have illustrated their commitment to bettering the legal profession by successfully completing a rigorous application process and providing the consumer of legal services with an objective measure by which to choose qualified and experienced legal counsel.

The elaborate screening of credentials that all NBTA board certified attorneys must successfully complete includes: demonstration of substantial trial experience, submission of judicial and peer references to attest to their competency, attendance of continuing legal education courses, submission of legal writing documents, proof of good standing and passing of an examination.

Florida Court’s Failure to Explain How It Chose Dollar Amounts Leads Appeals Court to Throw Out Divorce Order

Published on: June 21, 2016 | by Sandy T. Fox

A lot of divorce cases have multiple distinct but related components. Even if a couple has no minor children in the home, there may be numerous elements to a divorce case, including the distribution of assets and debts, as well as alimony. When a trial court issues an order in your divorce, the law requires the judge to make certain factual findings as part of the ruling. In one case from North Florida, the lack of some required findings led the First District Court of Appeal to grant a husband’s appeal and send the case back to the trial court.

How Disability Benefits Can Affect a Florida Alimony Case

Published on: June 14, 2016 | by Sandy T. Fox

There are many things that can play a role in the outcome of your Florida alimony case. The court must decide whether your marriage counts as a short, moderate, or long-term marriage. The judge must also determine the paying spouse’s ability to pay and the recipient spouse’s need. Another thing that can add an extra layer of complexity to your case is if the recipient spouse is disabled. In one recent case from the Tampa Bay area, the Second District Court of Appeal threw out part of a trial court’s ruling in a divorce judgment because the lower court only awarded the wife durational, rather than permanent, alimony, even though the wife was permanently disabled and could not return to work.

The couple in the case married on New Year’s Eve in 2002. Just short of a decade later, they separated. A year after that, the wife filed for divorce. In that filing, she asked for alimony. The husband, at that point, was earning $117,000 per year in gross income. The wife had a degree in psychology and had previously worked as a counselor, but she had developed several medical problems. Shortly before the divorce, an administrative law judge had determined that she was permanently disabled and could not return to work, due to fibromyalgia, traumatic brain injury, and back problems. The wife’s disability benefits, which amounted to a gross of $880 per month, were her only income.