A “right of first refusal” is a provision that sometimes gets added in to a settlement agreement or court order. Such a provision provides that if a parent cannot exercise his or her parenting time for a certain period of time (usually at least an overnight), that parent must offer the time to the other…
Unrepresented (pro se) litigants are held to the same standard as reasonably compentent attorneys.http://www.3dca.flcourts.org/Opinions/3D12-2871.pdf. This means that if you are unrepresented, do not expect to catch a break from the court if you fail to know the rules, forget to file someting in a timely manner, etc. This is why it is SO IMPORTANT to…
The Florida Supreme Court, on November 7, 2013, ruledthat same sex couples are entitled to a full determination of timesharing and child support by Florida courts! D.M.T. v. T.M.H., SC12-261 (Fla. November 7, 2013) (see online athttp://www.floridasupremecourt.org/decisions/2013/sc12-261.pdf). This case involved a biological mother and a birth mother. This case was remanded to the lower court…
Section 61.30(2)(a)(3), Florida Statutes (2013) (“Chapter 61”) provides that income for purposes of calculating child support shall include business income from close corporations. Florida Supreme Court case,Zold v. Zold, 911 So. 2d 1222 (2005) reviews the issue of whether the “pass through” income of an S-corporation that not “distributed” to shareholders constitutes income within the…
Sending a child out of state (or more than 50 miles away) for purposes of attending a boarding or private school is not a “relocation” for purposes of Section 61.13001 (Florida Statutes, 2013). This means there is no requirement to file a Notice of Intent to Relocation or comply with the other provisions of the…
In Florida, a biological father has no rights to a child if the child was born to a mother while she was in an “intact” marriage with another man. Florida basically believes that it is in the best interest of the child to be considered a child of the marriage, rather than to be born…
Even when permanent alimony may not be warranted, due to length of the marriage, etc., the Court always has wide discretion in making a temporary alimony award when one spouse has a need, and the other spouse has the ability to pay, during the pendency of a dissolution of marriage action. See Coviello v. Coviello,…
If you are a Florida parent with a previous court order in place regarding custody/parenting time andare considering relocating more than 50 miles away, it is imperative to seek an attorney’s assistance due to the strict relocation rules Florida maintains. Section 61.13001, Florida Statutes, requires that a Notice of Intent to Relocate be filed prior…
Any owner on the title of an automobile is liable for damage done by the driver.Christensen v. Bowen, SC12-2078 (Fla. April 10, 2014). Therefore, it is important to ensure your name is not still attached to a car driven by an ex-spouse post-separation. Make sure your attorney knows how to draft the appropriate provision into…
Beware of purchases you or a spouse makes or debts incurred post-separation. Apparently, even if you are separated or are no longer cohabitating together, the Court will strictly still use the Date of Filing your divorce case to determine which debts and assets are considered marital. SeeWagner v. Wagner, 2D12-5404 (Fla. 2nd DCA Februray 14,…