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One of the more popular celebrity news stories of this spring has involved the impending divorce of renowned chef and Food Network TV star Bobby Flay, who filed to end his decade-long marriage to actress Stephanie March. According to a celebrity news website, TMZ, the couple signed a prenuptial agreement before their 2005 wedding, but the wife plans to challenge the validity of the agreement. While the dispute regarding the Flay-March prenuptial agreement will, unless settled between the spouses, be decided by a New York court, the story does raise a relevant issue for Floridians with prenuptial agreements who are contemplating divorce: namely, what are circumstances under which Florida law will prevent a prenuptial agreement’s enforcement?

Florida Statutes Section 61.07(7) sets out a list of several reasons why a prenuptial agreement can be set aside. If one of the spouses did not sign the document voluntarily, it is not enforceable. If a spouse received cash or other valuable assets in exchange for signing the prenup, that may allow for setting the agreement aside.
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Today, more than ever, the online world offers a multitude of ways to follow the actions of other people. The ability to be profoundly involved in another person’s life, against their will, without actually being near them is why states like Florida have laws against cyberstalking. An estranged husband’s alleged online activity, even though it raised the possibility that he hacked into his wife’s computer and Facebook account, did not meet the law’s definition of cyberstalking because he did not post anything specifically directed at the wife, the 2d District Court of Appeal recently ruled.

The backdrop to this case involved an estranged married couple, Sammie and Maureen H. Although the pair was estranged, they remained Facebook friends. As a result of this connection, the wife could see the husband’s posts on the social media site, including two disquieting ones. One was a private Facebook message conversation the wife had with a third party, and the other was the lyrics to the song “Secret Lovers,” a 1985 pop hit by the R&B group Atlantic Starr. The wife had recently been listening to the Atlantic Starr song on her home computer so, in her view, the husband could only have know about her music playlist and her private Facebook conversations by hacking into her computer and virtually spying on her. She testified that a keystroke logging mechanism was found on her computer, but she had no proof that the husband did it.
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Until just a few short decades ago, grandparents had no legal right to visit with their grandchildren. Today, many states have laws governing grandparents’ rights to visitation. While Florida law contains several strong protections with regard to the right of a parent (or parents) to raise their children as they deem best, even these strong protections do not give a parent a right to evade a valid out-of-state court’s order awarding visitation time to grandparents. Specifically, the 5th District Court of Appeal ruled in a recent Central Florida case that Florida’s right to privacy and policy of parental autonomy did not nullify a valid order of grandparent visitation from a Colorado court.

The case involved the minor children of Ruth Ledoux-Nottingham. The mother and father divorced in Colorado in 2010. A year later, the father died and shortly after his death, the mother and children moved to Florida. Before the mother and children left Colorado, however, the children’s paternal grandparents, William and Jennifer Downs, filed a court petition requesting visitation.
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The long-running and often contentious child custody dispute between pro basketball star Dwyane Wade and his ex-wife, Siohvaughn Funches, added a new chapter recently when the 3d District Court of Appeal issued a ruling upholding a timesharing decision made last year by a Miami-Dade trial judge. Although rejecting the mother’s appeal, the court warned lawyers on both sides regarding their behavior in email exchanges between the two sides. The case offers a reminder that, regardless of the amount of financial resources, child custody matters are often very emotional and hard-fought disputes.

Wade and his wife filed for divorce in 2007, which was finalized three years later after a long and arduous battle. During their marriage, the couple had two sons. In 2011, the father obtained a court order from a judge in Chicago granting him sole custody of both of the boys. The Illinois court’s custody ruling was domesticated to, and became enforceable in, Florida a year later.
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The protracted court case involving the medical care of a 4-year-old Palm Beach County boy took another turn recently, when the child’s mother refused to appear in court as ordered, leading Circuit Judge Jeffrey Gillen to issue a warrant for her arrest, the Sun-Sentinel reported. The case centers around the decision to perform a circumcision on the boy, which the father supports and the mother opposes. Counsel for the mother has argued that she is acting to protect her child, but the Florida courts have consistently upheld the father’s right to make the decision regarding the circumcision, as the mother voluntary relinquished this decision-making right as part of parenting plan agreement signed by the mother in 2011.

D. N. and H. H. welcomed a baby boy on Oct. 31, 2010. The parents later signed an agreed parenting order that stated that the father would handle all matters related to completing the child’s circumcision, including scheduling the appointment, transporting the child and paying for the procedure. The mother agreed to sign all necessary forms to permit the procedure to take place.
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If you’re a parent paying child support, while you undoubtedly desire to provide for your children, avoiding overpaying is also important, since being forced to overpay may impair your ability to be involved in your children’s lives in other ways, as well as impeding your ability to meet other financial obligations. That’s why it is often very important to understand the situations and criteria under which Florida law lets you go to court to seek a reduction in your child support obligation. One circumstance that can derail an otherwise valid petition for reducing child support is having a willful arrearage, as one Manatee County father found out in a case decided by the 2d District Court of Appeal recently.

When a Florida couple divorced in 2009, the husband was ordered to pay child support. By the spring of 2012, the husband had fallen behind, amassing a total child support arrearage in excess of $11,700. The husband was held in contempt of court at that time. Nearly a year and a half later, the husband returned to court seeking to reduce his child support obligation. The wife countered by asking the court to increase the child support amount and offered evidence that the husband’s back-owed child support amount had swelled to more than $24,000.
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Sometimes, one of the most challenging aspects in a marital settlement arrangement, other than child custody, is deciding what to do with the marital home. In many cases, both spouses jointly own the property, but only one spouse still lives in the marital home and that spouse desires not to move. One way to deal with such a situation is to give the spouse desiring to stay an opportunity to buy out that spouse’s one-half ownership of the home. One example of this situation was a case recently decided by the 4th District Court of Appeal.

The case involved the 2013 divorce of a Broward County couple. The couple reached an agreement, which the trial court approved, regarding the marital home. That agreement called for putting the house up for sale, but it also gave the husband a right of first refusal, meaning that, once an offer was received on the home, the husband had the right to match the offer and purchase the property himself, as long as he paid the wife cash.
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A Florida trial court’s award of alimony to a wife was thrown out recently by the 2d District Court of Appeal for being too low. The appeals court concluded that the trial court’s outcome, if put into action, would leave too great a disparity between the ex-spouses and would force the wife into a lifestyle below that which she enjoyed during the couple’s marriage.

A couple decided to end their 28-year marriage in 2011. Although the wife had a master’s degree and had been the primary earner through much of the marriage, her job at the time of the divorce paid only $29,000 annually. The husband was making $280,000 per year by 2011.
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Following time-sharing schedules can sometimes be complicated, especially when timesharing involves a child who is old enough to have a desire to assert her own self-control over where she lives. Even when faced with a child who does not want to return to the home of your ex-spouse, it is important to note that failure to follow court-ordered dates for returning a child to Florida from outside the state (or country) can have damaging impacts on your custody rights. In case recently decided by the 5th District Court of Appeal, that court ruled that an emergency order granting custody to a mother was legal even though the trial court never determined that it was in the daughter’s best interest. The court was not required to address the daughter’s best interests because the father engaged in an “improper removal” by failing to bring the daughter back to Florida from the United Kingdom on the date the court had established a month earlier.
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The implementation of a parenting plan hopefully represents the culmination of a collaborative process to create an outcome in the best interests of the children involved. Sometimes, though, circumstances change, and those changes may trigger the need for a modification of the plan. When they do, the Florida Statutes have some specific requirements regarding what must be established in order to modify a custody arrangement, especially if that modification involves stripping one parent of all decision-making authority.

A recent example of this in the 5th District Court of Appeal was the custody dispute between two parents. The couple married in 1993, but after a decade and a half of marriage, the husband filed for divorce. The couple’s 2009 marital settlement agreement called for a fairly common custody arrangement, with the mother getting primary physical custody, the father getting visitation, and the parents agreeing to share “parental responsibility on all aspects of the children’s lives.” The agreement also called for the father to pay child support.
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