Retroactive Child Support
In an initial determination of child support, the court has discretion to award child support retroactive to the date when the parents did not reside together in the same household …
Proving imputation of income is at least a two step process
Although a parent’s motive in voluntarily quitting a job is relevant, it is but one factor in the determination of whether income should be imputed. Even if the parent leaves …
Best efforts to refinance and hold harmless required if one party receives a marital home with a joint mortgage
Best efforts to refinance and hold harmless required if one party receives a marital home with a joint mortgage, then the court should order the party to use best efforts …
A new 2022 Florida Senate bill has been introduced to eliminate permanent alimony
A new 2022 Florida Senate bill has been introduced to eliminate permanent alimony unless the parties agree otherwise (see page 7, line 181, 182). The bill, if passed, would also …
Capital gain tax considerations related to the hypothetical sale of a closely held business should be considered
Capital gain tax considerations related to the hypothetical sale of a closely held business should be considered in determining equitable distribution of marital assets even though there was no evidence …
A new spouse’s income is not considered in calculation of child support
In computing a parent’s child support obligation where that parent has remarried, it is error for the Court to use a new spouse’s contributions to inflate the income of the …
Court remedies when a party refuses to honor a timesharing schedule without proper cause
What should the court do when a party refuses to honor the timesharing schedule in the parenting plan without proper cause? According to Florida Statutes Section 61.13(4)(c), the court… 1. Shall, …
Post separation lifestyle is not the standard of living to be used when determining permanent alimony.
Post separation lifestyle is NOT the standard of living to be used when determining permanent alimony. Part of opinion: During the marriage the parties lived comfortably in large homes, travelled …
Separation date not used to classify marital assets and liabilities
The separation date of the parties is NOT the date to use to classify marital assets and liabilities unless there is a valid separation agreement Part of opinion: The former …
Determining Attorney’s Fees in Dissolution Action
In determining attorney’s fees, the court should consider the financial situation of the parties after the dissolution proceeding has concluded. Part of opinion: Trial court abused its discretion ordering one …