Martindale-Hubbell
The National Advocates
The National Advocates
National Board of Trial Advocacy
The Florida Bar
Best Lawyers
Client Distinction Award
The National Advocates

Published on: | by

In Rose v. Rose the Fourth District of Appeals recently reviewed a Final Judgment of Dissolution of Marriage entered by Judge Renne Goldenberg, a divorce judge in Fort Lauderdale, Florida. The father appealed the trial court’s order granting the mother’s request for an extension of the father’s child support obligation until their daughter graduated from high school. The Fourth District Court of Appeals reversed the decision of the trial court located in Broward County, Florida.

In 1994 when the parties were divorced, they had agreed that the father would pay child support for each minor child until “they reach the age of majority, marry, die, graduate from high school or becomes self supporting, whichever occurs first.” Three months before their daughter reached the age of majority, the mother petitioned the court for modification of child support. Because their daughter would turn eighteen while still in high school, the mother requested the court extend the father’s obligation until the child graduated from high school. The trial court granted the mother’s request and entered summary judgment for her concluding that the child’s passage to majority while still in high school constitutes a substantial change not contemplated by the parties.

In order to modify your child support obligation, a party seeking modification must prove that there has been a substantial change of circumstances and must show that this change is significant, material, involuntary and permanent in nature. Here, the parents had specifically contemplated in their marital settlement agreement the time when the father’s support obligation would terminate. The Fourth District Court of Appeals did not agree that the parents had failed to contemplate their child reaching the age of majority before graduation when the parties listed this as an event that would terminate the child support obligation. Finally, the court explained that the parent’s obligation to support their children is limited to their minority and dependency except as provided for in Florida Statute, § 743. 07(2).

Continue reading ›

Published on: | by

Whether you reside in Weston, Hollywood, Hallandale, Cooper City, or any of the cities in Florida it is important that you minimize the pain that a child suffers during your divorce. Many parents do anything and everything to avoid upsetting their child during the dissolution of their marriage in Fort Lauderdale, Florida. However, the best of intentions are often forgotten when a couple begins the process of a divorce in Broward County, Florida.

Key factors that affect a child’s ability to cope with their parents divorce are the quality of contact with both parents and the level of contact between them. During a divorce, you must provide a stable environment for your child at a time when, ironically, you may feel that you are least able to provide it.

The following are important tips how you can minimize the impact of a divorce on your child:

Continue reading ›

Published on: | by

Child support in Broward County and throughout the state of Florida has fallen behind due to a new $5,000,000.00 computer system that is behind schedule.

One of the more important problems deals with automation. Receiving information from computer systems of other state agencies was not fully automated to handle unemployment and other benefits that are deducted from support payments. The child-support computer system cannot always determine how much should be deducted, so those support payments get stalled indefinitely, adding to the $28 million in undistributed payments.

Another problem with the current system is security. More than 50 former Department of Revenue employees could access the system for up to several months after they were no longer employed. Changes were in place to fix the security problems

Continue reading ›

Published on: | by

In Scarti v Scarti, the Fourth District Court of Appeals recently reviewed a Florida family law court’s final judgment of paternity where the father challenged the amount he owed to the mother for retroactive child support. In particular, the father appealed the amount of income that the trial court imputed to the mother. In determining the amount the father had to pay to the mother pursuant to the child support guidelines, the court imputed $2,031 net monthly income to the mother.

The mother had a high school GED. In 2004, she earned between $1,000 and $4,500 a month operating her own landscaping company. She also testified that the most she ever earned in a year was $22,000. Her only other work experience was as a waitress at the age of seventeen and working in her mother’s flower shop. Based on her education and prior work history the court imputed $2,031 per month which totals $24,372, more than the mother earned in a given year.

The Fourth District affirmed the imputation of income to the mother in the amount of $2,031 and found that this was not an abuse of discretion.

Continue reading ›

Published on: | by

Fort Lauderdale, Florida divorce Judge Arthur Birken ruled that Palm Beach Circuit Judge David French should not have to pay his former wife $3,400.00 a month in permanent alimony because she has been living with another man for nearly 20 years. Judge Birken also ordered the former wife to repay $151,000.00 that she received in alimony since August 2006.

Judge David French was divorced from his former wife in 1988. In 2006, Judge French requested that his alimony obligation be abated after the Florida Legislature enacted Florida Statute 61.14(b) which permits modification or termination of alimony to recipients living in a supportive relationship. The trial court denied this request in August 2006.

The Fourth District Court of Appeal reversed the trial court’s August 2006 ruling and found that the former wife was in a supportive relationship and should not continue to receive alimony from Judge French

Continue reading ›

Published on: | by

A divorce in Broward County, Florida is often a time in which both parties are not celebrating until the entry of the Final Judgment of Dissolution of Marriage. The family law judge in your Fort Lauderdale divorce court case will enter a Final Judgment of Dissolution of Marriage that addresses alimony, equitable distribution, time-sharing (custody) and many other factors. Once the court enters the Final Judgment of Dissolution of Marriage in your case, you are divorced and it is time to celebrate.

Elite Cake Creations now makes divorce cakes that depict domestic discord. These cakes include a heart-shaped cake broken in pieces that have a groom on one piece and a bride on the other piece and a cake that looks like the blackened walls of a prison cell decorated with a ball and broken chain. Other divorce cakes include a bride taking her groom out with trash, a man sitting dejected on a curb, a man sitting dejected on a curb, a woman dumping a man over a waterfall and a cemetery of broken marriages marked by tiny tombstones.

About 50% of marriages end in divorce nationwide. While that figure has remained fairly steady, there has been a drop off due to the economy and poor housing market. However, if you are looking to celebrate your divorce, the novelty divorce cake from Elite Cake Creations may give all of your friends and family a good laugh.

Published on: | by

In order to temporarily modify custody in Broward County, Florida, you must show that there has been a substantial or material change in circumstances and that the modification is in the best interest of the child or children involved. There must be a factual basis sufficient to show that conditions have become materially altered since the entry of the prior custody order. In the case of Bon v. Rivera, the Fourth District Court of Appeal reversed a Fort Lauderdale, Florida divorce judge who granted the Former Husband’s Emergency Motion for Temporary Change of Custody.

At the time of the parties divorce, the Former Wife resided in Miami-Dade County, Florida and the Former Husband resided in Broward County, Florida. The Final Judgment of Dissolution of Marriage that incorporated the parties’ marital settlement agreement stated that neither party shall relocate the minor children from Miami-Dade County, Broward County or the southern portion of Palm Beach County, Florida. Two years after the divorce, the Former Wife accepted a job in West Palm Beach, Florida and advised the Former Husband that she intended to move with the two minor children.

The Former Husband filed an Emergency Motion for Temporary Custody, Child Support and Attorney’s Fees alleging that the Former Wife had violated the relocation provisions of the Final Judgment of Dissolution of Marriage. The trial court entered an order modify the Final Judgment of Dissolution of Marriage and granting the Former Husband temporary custody. The Former Wife appealed the decision of the trial court and alleged that the trial court abused its discretion in modifying custody since there was no true emergency.

Continue reading ›

Published on: | by

When you file for a divorce in Fort Lauderdale, Florida, the trial court is required to equitably divide the marital assets. The divorce court in Broward County, Florida should begin the equitable distribution of the marital assets with the assumption of equally dividing what has been acquired during the marriage amongst the Husband Wife. Absent substantial competent evidence to support the unequal distribution or written findings of fact, the Court will be reversed on appeal and remanded with instructions to make the appropriate findings of fact.

In Jalileyan v Jalileyan, a decision released on April 1, 2009 by the Fourth District Court of Appeal, the Final Judgment of Dissolution of Marriage was reversed because the trial court made an unequal distribution of marital assets by awarding the Former Wife an unequal distribution of the marital assets without any factual findings to explain or justify the award. Additionally, there was no competent substantial evidence to support the unequal distribution of marital assets.

In Broward County and in the State of Florida, in order to award the Husband or Wife an equal distribution of the marital assets, the Court must consider the following and make written findings to support its award as set forth in Florida Statute § 61.075:
Continue reading ›

Published on: | by

During my last post, I began to discuss if a divorce or custody court in Florida had jurisdiction under the Uniform Child Custody Jurisdiction Enfrocement Act (“UCCJEA”) to make an initial child custody determination. This blog post is a continuation of the case of Karam v. Karam from the Third District Court of Appeal.

On December 6, 2007, the Guadeloupe court entered an order finding that the children’s residence was determined to be the Husband’s residence and that they were to return to Guadeloupe to reside with the Husband. The Guadeloupe court specifically found that the “usual and permanent centre of the minor children’s interest” was and always had been in France, their stay in Florida (for over two years with the Wife) was “purely linguistic and cultural enrichment,”, and that the petition was filed in the French court before one was filed by the Wife in the American Court.

The Florida court dismissed the custody portion of the Wife’s petition for dissolution of marriage. The Florida court found that the facts and arguments presented were the same facts and arguments presented to the French appellate court which had affirmed the order of the French court, the Wife should not be permitted to re-litigate the custody issue in Florida, under the UCCJEA the French court’s order constitute the initial custody determination, the French courts exercised jurisdiction in substantial conformity with the UCCJEA, the French court’s determinations were made meeting the jurisdictional standards of the UCCJEA and that the Wife failed to demonstrate that the parties stay in Florida was anything other than temporary.

Continue reading ›

Published on: | by

During divorce and paternity proceedings, Sandy T. Fox, a Fort Lauderdale attorney, can assist clients with custody and time-sharing disputes. One of the most common conflicts related to custody cases, such as those in Broward County, Florida, deals with jurisdictional competition and conflicts with courts of other states and countries pertaining to child custody and time-sharing. The divorce court can make an initial child custody determination if Florida is the home state of a child on the date that the proceedings commence.

In Karam v. Karam, the Third District Court of Appeal was presented with the issue of whether the trial court departed from the essential requirements of the law in dismissing the custody portion of the Wife’s petition for dissolution of marriage was quashed.

The parties have two children and lived in Guadeloupe until 2005. In 2005, the parties entered the USA on the Husband’s investor visa and placed their home in Guadeloupe for sale. The Husband created a corporation in Florida and opened a store in Miami, Florida. The parties purchased a $1.2 million home in Florida, obtained insurance for the residence and cars and obtained a Florida drivers license. The Wife obtained a US social security card and health insurance for the children. While the minor children attended school in Florida, they spent the holidays and summers with the parties in Guadeloupe. Although the parties resided in Miami, Florida since 2005, the parties also maintained a residence, bank accounts, vehicles and businesses in Guadeloupe.

Continue reading ›