Benedict v. Benedict

In Benedict vs. Benedict, the trial court entered a judgment for alimony arrearages while a petition seeking to downwardly modify alimony was pending. The appellate court affirmed the judgment, but noted that the debtor is able to proceed in the future to obtain relief from the judgment (under Rule 1.540(b)(5)) to the extent that the […]

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Tluzek v. Tluzek

Tluzek vs. Tluzek is a case of first impression in Florida. In involves the allocation of an adoption subsidy received by the parents of adopted children with special needs. The court ruled that the parents’ child support obligation should be determined first pursuant to the guidelines. Then, the adoption subsidy should be apportioned between the […]

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Cockrell v. Kinnett

In Cockrell vs. Kinnett, the appellate court reversed a contempt order that modified the parties’ timesharing schedule with the child, because there was no pleading that alleged a significant change in circumstances. The mother was thus not put on notice that modification would be sought or granted. Modification is not a proper sanction for non-compliance. […]

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Russell v. Pasik

Russell v Pasik Russell vs. Pasik is a case involving a same-sex (female) couple with children. The parties each had two children from artificial insemination. The children are referred to as biological half-siblings. Each child has a hyphenated last name with both Pasik and Russell (the opinion is silent on which order the names are […]

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Rosenblum v. Rosenblum

Rosenblum v Rosenblum Rosenblum v. Rosenblum involves pro se litigants feeling their way through a typical set of circumstances. The former husband first filed a Motion to Modify Child Support (there is no discussion as to why it was appropriate to consider that as a motion rather than as a supplemental petition), and before that […]

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Taylor v. Taylor

Taylor v Taylor In Taylor v. Taylor, the 2d DCA reverses an award of durational, rather than permanent, alimony. The identified problem essentially was twofold, but really comes down to an absence of statutory findings. There is a lack of findings necessary to support the use of durational rather than permanent alimony, and the amount […]

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Wells v. Whitfield

Wells v Whitfield In Wells vs. Whitfield, the 1st DCA reversed a child support award for lack of statutory findings regarding income. The amended final judgment did not include any findings specifying what portion of the retained earnings of the Husband’s solely-owned corporation were included by the court in determining the father’s gross income. Absent […]

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Kelley v. Kelley

Kelley v Kelley In Kelly v. Kelly, the 4th DCA reversed and remanded the final judgment on the issues of equitable distribution and alimony. As to ED, the trial court had stated its intention to make equal awards to the parties, but a mathematical error in the equalizing payment made the award significantly unequal. As […]

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