Fort Lauderdale Divorce Lawyer Blog

Exceptions to the UCCJEA ‘Home State’ Rule and How They Can Affect Your Florida Custody or Timesharing Case

Published on: December 15, 2016 | by Sandy T. Fox

When you are dealing with a child custody or timesharing case that crosses state lines, the case can become complicated. You must deal with all of the requirements of the Uniform Child Custody Jurisdiction and Enforcement Act. That law says that custody and timesharing cases generally must be heard by a court in the child’s “home state.” However, if you live in Florida, and your child’s home state is somewhere else, there are certain situations in which you may still be able to bring your case here. In a recent Fifth District Court of Appeal case, the appeals court upheld a Florida trial court’s decision to modify timesharing, based upon the presence of “emergency” circumstances.

Equitable Distribution in Florida and a Non-Marital Asset Maintained or Improved Using Marital Assets

Published on: December 7, 2016 | by Sandy T. Fox

When you are going through a divorce, especially one without a minor child of the marriage, one of the most important issues to resolve may be equitable distribution. While equitable distribution may be fairly straightforward in cases in which every asset is clearly marital or non-marital, many divorces and equitable distributions are more complex. In one recent case decided by the Fifth District Court of Appeal, the court was called upon to address a case in which the couple’s home was the wife’s non-marital property, but the property had appreciated in part due to improvements made using marital funds. In this case, the trial court’s decision to credit 50% of the marital portion of the appreciation to the husband was improper when the court also gave the home 100% to the wife.

Abolition of ‘Special Equity’ Law Wipes Out Unequal Distribution in Favor of Florida Wife

Published on: November 23, 2016 | by Sandy T. Fox

When you enter into divorce litigation, there are certain things you know at the outset. One of these is that the law presumes that your spouse and you should split all marital assets 50-50. This presumption is not ironclad, however, since fairness and the law dictate that a 50-50 split is not the proper outcome in all cases. In order to receive an uneven distribution in your case, the law requires your trial judge to make certain findings. In one recent case from the Tampa Bay area, the trial court’s failure to make the obligatory findings led the Second District Court of Appeal to throw out a distribution awarding the wife more than 50% of certain assets.

What You Need to Prove to the Judge to Obtain a Domestic Violence Injunction in Florida

Published on: November 18, 2016 | by Sandy T. Fox

If you are seeking an injunction for protection from domestic violence, or if you are defending against such an injunction, it is important to understand that these injunctions can have very real and significant impacts and that these cases should be taken very seriously. Regardless of whether you are the alleged victim or the alleged perpetrator, it is important to ensure that you have what you need to persuade the court that your situation does (or does not) present a valid case for an injunction. In a recent case from Polk County, the Second District Court of Appeal threw out an injunction because the woman’s evidence amounted to one incident from a long time ago that only indicated a “relationship gone awry,” rather than an imminent threat of violence.

Paperwork Problem Costs Florida Grandmother When Father Challenges Custody Ruling

Published on: November 10, 2016 | by Sandy T. Fox

In any civil court case, including family law cases, paperwork is an important part of achieving a successful outcome. The difference between a successful resolution and an unsuccessful one can be your ability to provide the correct documentation to the court to meet all of the procedural rules and to establish that you are entitled to the relief you’re requesting. In a recent case from Broward County, the Fourth District Court of Appeal upheld a trial court’s decision finding a due process violation, which the court declared was a result of a lack of written proof that a father received proper notice that his former mother-in-law was requesting a change in custody of the man’s child.

When Parental Alienation is Enough to Warrant a Timesharing Modification in Florida

Published on: October 26, 2016 | by Sandy T. Fox

A recent case originating in Tallahassee provides a useful lesson in how a parent must go about presenting a case for a timesharing modification based upon parental alienation. The First District Court of Appeal upheld a trial judge’s refusal to modify a timesharing agreement because the father’s case was insufficient to demonstrate the sort of extreme, substantial, and unanticipated action required by the law to re-open the issue of timesharing. The court explained that this type of request sets up a very high hurdle for the parent seeking modification, and although the father’s allegations were “troubling” and demonstrated a contentious relationship between the parents, they weren’t enough.

Florida Wife’s 18-Year Marriage Entitled Her to a Presumption in Favor of Receiving Permanent Alimony

Published on: October 19, 2016 | by Sandy T. Fox

A South Florida doctor’s wife succeeded in obtaining a reversal recently of a trial court order that awarded her only durational rather than permanent alimony. Since the couple was married for 18 years, the wife should have received permanent alimony unless the trial judge made a finding that permanent alimony was inappropriate. The Fourth District Court of Appeal‘s decision in this couple’s case was also interesting in reaffirming that simply because the state legislature created durational alimony a few years ago did not mean that its creation wiped out the legal presumption in favor of permanent alimony in cases involving long-term marriages.

What Happens in Florida if Paternity Has Been Established but You’re Doubting You Are the Father

Published on: October 12, 2016 | by Sandy T. Fox

If you are familiar with daytime talk TV shows, or maybe just pop culture in general, perhaps you’ve witnessed the scene. The baritone-voiced talk show host, with all the appropriate dramatic pauses, tells the man sitting on stage the results of a DNA paternity test. “You are… not the father,” the host exclaims. The man dances. The woman cries. YouTube users compile the scenarios for “Best of” and “Top 5” videos. These issues also occur outside daytime TV, and they are very serious matters. Many real lives may be dramatically altered by the outcomes of these procedures. So, what happens if you think you may need to disestablish legal paternity of a child in Florida? A recent case decided by the First District Court of Appeal, in resolving the case of one man, highlights some options available under this state’s law.

Pursuing Child Support in Florida, Even After Your Child Turns 18

Published on: October 5, 2016 | by Sandy T. Fox

A popular song from 2005 took a cynical look at certain aspects of couples and family relationships. In the song, the rapper opines, “She got one of your kids, got you for 18 years.” The lyric, of course, is a reference to child support and the commonly held notion that a parent owing support could potentially pay from the child’s birth until the child reaches the age of majority on her 18th birthday. In states like Florida, however, this notion is not precisely accurate. A recent case from North Florida illustrates this point. The First District Court of Appeal upheld a trial court’s decision to award child support to a father, even though he filed his request for support after the daughter had already turned 18 years old. Why did he win? He won because, although the child was 18, she had not yet graduated from high school.

Court’s Refusal to Hear Florida Man’s Defense Evidence in Stalking Case Triggers Reversal of Injunction

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

An alleged stalking case from the Tampa Bay area serves as a reminder of the appropriate legal and procedural hurdles that must be cleared before an injunction against stalking can be issued. In this case, the Second District Court of Appeal overturned the entry of an injunction against a man because the trial court denied him his constitutional rights when it refused to let him put on part of his evidence defending against the assertions made by his ex-girlfriend.