The case of Gremel v. Gremel, 35 Fla. L. weekly D2291a (Fla. 2nd DCA 2010) illustrates the point. Mrs. Gremel separated from her husband in December 2003. She did not file her divorce petition until March 15, 2007, more than three years after her initial separation. On April 1, 2008, the trial court entered a…
Continue reading ›Obviously, the courts won’t hesitate to enter any orders when necessary to protect minor children from harm. This would include orders for supervised visitation against a parent if the circumstances warranted this type of relief. In the divorce proceedings between N.W. and M.W., 41 So.3d 383 (Fla. 2nd DCA 2010), the mother alleged that the…
Continue reading ›Failing to pay a court ordered child support obligation can land the non complying parent in jail. However, there are certain procedures that must be followed before incarceration can occur. An order of civil contempt for failure to pay child support requires findings of wilful failure to pay ordered amounts. If incarceration is to be…
Continue reading ›The issue of vacating temporary injunctions against domestic violence was dealt with in Schock v. Schock, 979 So.2d 1201 (Fla. 4th DCA 2008). In this case the father had obtained injunctions against his child’s mother, along with another one against her boyfriend. The allegations made included neglect and abuse against his daughter. The duty judge…
Continue reading ›In a case recently decided, a wife was awarded an astounding sum of $75,000.00 per month for temporary support for herself and her child. Stanton v. Stanton, 2D10-919 (2010). The appellate court said this amount simply could not stand, as the amount was not supported by competent substantial evidence. The trial court should consider the…
Continue reading ›In every dissolution of marriage action filed in Boca Raton, Fort Lauderdale, or anywhere else throughout the state of Florida, the parties are required to file a financial affidavit which details their income, expenses, assets and liabilities. The importance of filing this document in an accurate manner cannot be over emphasized. What happens when assets…
Continue reading ›In every dissolution of marriage action, marital assets must be identified and valued. The critical question that is in dispute often times becomes as of what date are those assets to be valued? Section 61.075(6), Florida Statutes (2004), provides a bright line rule for classifying marital assets and liabilities. Absent a valid separation agreement, the…
Continue reading ›Do the odds of having heart disease increase if your parents have a history of heart disease in their family? Do your odds of having cancer increase if there is a history of cancer in the family? The answer to these questions is yes, the risks do increase. In a similar manner, children whose parents…
Continue reading ›The question of payment for private school tuition comes up frequently during the divorce process. Can this obligation be continued after the divorce, so that the child can continue on with his or her private school enrollment? The answer to this question depends upon the circumstances existing during the marriage. In Wilson v. Wilson, 559…
Continue reading ›Florida has a very strong policy in favor of support for minor children. Even when a parent has no actual income, the courts do not hesitate to impute income to that parent. Section 61.30(2)(b) governs the imputation of income for purposes of child support: “Income on a monthly basis shall be imputed to an unemployed…
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