Fort Lauderdale Divorce Lawyer Blog

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.

Florida Court Tosses Timesharing Plan Due to Absence of ‘Best Interests of the Child’ Finding

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

Sometimes, winning or losing a family law case depends not on what the trial court order says but on what it doesn’t. A South Florida mother received a renewed opportunity to litigate the issue of timesharing after she succeeded in her recent appeal. The Fourth District Court of Appeal threw out the trial court’s timesharing plan because the order did not state that the timesharing arrangement was in the best interests of the child, and such an express finding is required by the law.

The appeal arose from the divorce case of C.M. (wife) and F.L. (husband). The final judgment in the couple’s divorce case set up a parenting plan that established a 50-50 timesharing split between the two parents. This timesharing schedule was part of the basis of the wife’s appeal.

The Amount Of Sexual Partners For Women And The Impact On Divorce

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

It is very common for Fort Lauderdale divorce lawyers to be told about the numerous sexual partners a spouse has had when they ask questions about adultery and its impact on the divorce, equitable distribution and alimony. Florida is a no-fault divorce state but adultery is a factor that the trial Judge can consider in awarding alimony or as justification for an unequal distribution of assets. However, it is not too often that the Court is concerned with the amount of sexual partners a wife has had and whether that has caused the divorce.

New research from the Institute of Family Studies has revealed that divorce rates have decreased for women who marry as virgins but have stayed the same for those who had one to two premarital sex partners. Women who have had 10 or more sexual partners prior to their marriage saw the highest increase in divorce rates. Interestingly, women who have premarital sex partners have consistently higher rates of divorce than those with three to nine partners.

Sexual behaviors have changed in recent years since younger people are having sexual encounters outside of their relationship. Sexual attitudes and behaviors continue to change. However, the extent of younger people hooking up has been embellished by the media.

Florida Divorce Case Results In Murder For Hire Of FSU Law School Professor

Published on: June 2, 2016 | by Sandy T. Fox

It is being reported today that the death of Daniel Markel, a former Florida State University law school professor, has been linked to a murder-for-hire scheme. Markel was shot in the head inside his garage at his home during the middle of the day on July 18, 2014.

Law enforcement officers in Hallandale Beach, Florida have arrested Sigfredo Garcia for his alleged role in the 2014 death of Daniel Markel. On May 25, 2016, Garcia was charged with shooting Markel only two days after he was interviewed by investigators. He has pled not guilty and is presently being held without bond in Leon County, Florida. Law enforcement officers intend to charge a second man, Luis Garcia, in connection with the homicide.

It is believed that the murder of Daniel Markel is related to the desire of his former wife’s family to have his former wife, Wendi Adelson, and their two minor children relocate from Tallahassee, Florida to Miami, Florida. It is, however, unknown who hired the killers.

What it Takes to Seek a Timesharing Modification in Florida

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

For many parents, events in their lives may trigger within them a desire to reconnect with the children from whom they’ve become distant. Depending on the perspective of the child’s other parent, this may not always be easy. A recent case originating in Palm Beach County is a useful reminder to all Florida parents that, even if your desire to forge a closer relationship is strong, you cannot demand a change in your timesharing based solely upon proving that you’ve gotten your life in order. Simply getting your life back on track doesn’t amount to the sort of change in circumstances recognized by Florida law that would allow a court to change your timesharing schedule, according to a Fourth District Court of Appeals ruling.

The case, which involved ex-spouses C.R. (father) and S.R. (mother), was based on a complicated, although not entirely uncommon, set of facts. The husband and wife had one minor child together when they divorced in 2008. As part of that divorce judgment, the court ordered shared parental responsibility with the mother as the primary residential parent. The father had visitation twice a week, on Wednesdays and Saturdays.