How does a Florida Family Court judge deal with the issue of foreign law? There is no doubt that Florida is a multi-cultural state, drawing residents from around the world. Oftentimes those residents will come to Florida with prenuptial agreements executed in their home countries. These agreements usually will contain a choice of law provision…
Continue reading ›Extreme caution should be exercised when a party in a dissolution of marriage action seeks temporary emergency relief without giving notice to the other party. This is what is commonly known as ex parte relief, which is seeking relief without providing any notice whatsoever to the other side. These types of proceedings are at substantial…
Continue reading ›An adoption subsidy paid by the State of Florida to the parents of special needs children may not be considered as a credit against the spouse’s child support obligation. The Legislature has made adoption assistance, including financial aid, available to prospective adoptive parents who adopt a child with special needs through the state’s foster care…
Continue reading ›The failure to pay court-ordered child support can lead to a finding of contempt of court if the payor has the financial ability to pay the court-ordered child support. What happens however, when the payor spouse files a petition for downward modification of the child support obligation, and the recipient of the child support files…
Continue reading ›A denial of due process can come in many different forms. When an incarcerated spouse filed a timely motion to appear at his final hearing by telephone, and his motion was denied, he was effectively denied due process of law. The trial court committed reversible error in Rodriquez v. Rodriquez when this specific request to…
Continue reading ›A trial court is required to make sufficient findings about an individual’s ability to pay alimony. A litigant requesting alimony has the burden of proof on both his or her financial need as well as the other spouse’s ability to pay and meet that need. Gilliard v. Gilliard, 162 So3rd 1147 (Florida 5th DCA 2015).…
Continue reading ›Changing the surname of the minor child after divorce is no simple matter. As a matter of fact, the burden of proof in such a situation is extremely high. The standard for changing the child’s name is whether the change is in the child’s best interests or is necessary for the welfare of the child.…
Continue reading ›Issues regarding the fitness of parents frequently appear in divorce cases. Often times one of the spouses will question the competency or moral fitness of the other parent when issues concerning minor children arise. There is a two-part test that the Court applies when a party is requesting that the other party submit to either…
Continue reading ›A final divorce decree providing for the custody of a child can be materially modified only if there (1) are facts concerning the welfare of the child that the court did not know at the time the decree was entered, or (2) has been a substantial change in circumstances shown to have arisen since the…
Continue reading ›Did your divorce case turn out different than you expected? Are you considering a review and appeal of your case? If you’ve answered yes to these questions, you should be prepared to review your conduct through the course of the trial court proceedings. The right to file an appeal is not without limitations. Appeals will…
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