The following is a charging lien case. The trial court granted a charging lien to be applied to the Husband’s homesteaded property. The appellate court reversed the application of the charging lien to homestead property, citing a prior case that had ruled a waiver of homestead is ineffective in an unsecured debt transaction. The lien […]
Tag: Family Law
What Is The Significance Of Filing A Petition For Dissolution Of Marriage As It Relates To Assets And Liabilities?
According to FS 61.075(7), the cut-off date for determining marital assets and liabilities is the date of filing, unless there is a written agreement otherwise. So, if you are concerned that your spouse may acquire debt for which you will become liable, filing the petition will establish the date where that cannot happen. All assets […]
Options To Challenge A Final Judgment: A Complex Area Of Law
Have you recently gone to trial in your case and received a final judgment? Do you not agree with the judgment? Do you want the judgment overturned? You have several options: 1) Appeal – Under the rules of appellate procedure, you have 30 days from the date the judgment was rendered (ie – the date […]
Kohl v. Kohl
In the following interspousal tort case, the Wife attempted to state a cause of action against the Husband for negligent infliction of a sexually transmitted disease, in this case HPV. The complaint is dismissed on two grounds, but the court finds that the cause of action is generally viable, although there must be allegations that […]
Williams v. Williams
In the following case, the appellate court reversed the trial court’s award of attorney’s fees without making the required findings and without considering that the Husband did not have the ability to pay. Also the trial court was reversed because it awarded the dependency deduction to the wife despite the fact that she did not […]
Moral Fitness Of Parents
Florida Statute 61.13(3) sets forth 20 factors that the Court must use when determining a parenting plan and parental responsibility. One factor is F.S. 61.13(3)(f): the “moral fitness” of the parents. Different families will have different views of what is proper moral behavior and what is not. So, how does the Court determine when the […]
Court Ordered Child Support Beyond Age 18: A Real Possibility In Many Cases
Many parents are of the belief that child support terminates immediately upon the minor child reaching age 18. However, the state of Florida does permit extensions of child support beyond the age of majority in certain circumstances. F.S. 743.07 provides: (1) The disability of nonage is hereby removed for all persons in this state who are […]
Enforcement of Property Distribution
If you have been awarded a particular distribution of assets and/or liabilities, and the opposition is not doing what they have been ordered to do, there are many legal remedies available to compel compliance. The courts always maintain jurisdiction to enforce their own orders, and the law also provides remedies that can be enforced in […]
Attorney’s Fees In Representation Agreements
When entering into a representation agreement with your attorney in a dissolution of marriage case, you will find that generally, attorneys charge for their services based upon an hourly rate and require a retainer to cover a certain number of hours of work on your case. Generally, the attorney will also require payment of additional […]
Alimony: Tax Considerations
If you are going through a divorce and alimony is an issue, you should be aware of certain basic tax considerations associated with an award of alimony. Generally, the treatment of alimony is to make the alimony taxable to the recipient and deductible by the payor. Alimony is to be included as part of the […]