In Stusch vs. Jiruska, the appellate court reversed and remanded an order finding the former husband in Contempt because the trial court erred in not granting a continuance and conducting a hearing without the former husband present. The trial court should have granted a continuance based upon the pro se letter from the former husband […]
Tag: Men’s Rights Alimony
Realistic Custody Expectations in Florida Family Court
Often, potential clients enter an attorney’s office with high hopes and lofty goals. Many want their “day in court” and do not wish to settle for less than 100% of their original goal. The reality is that the Court is not in business to make you happy. The Family Court is a court of equity. […]
McGlynn vs. Tallman-McGlynn
In McGlynn vs. Tallman-McGlynn, we are reminded that if you include bonus income in your financial affidavit but want to argue that it should not be included in net income for alimony or child support, you should be prepared to present evidence supporting the claim that the bonus income is non-recurring. Also, the Former Husband […]
Lathrop vs. Lathrop
In Lathrop vs. Lathrop, the trial court rightfully awarded alimony, but it erred in requiring that the alimony be secured by life insurance. In the absence of special circumstances, a spouse cannot be required to maintain life insurance for the purpose of securing an alimony obligation. A final judgment of dissolution must set forth sufficient […]
New Florida Alimony Guidelines in Florida
Florida is one step closer to having specific guidelines for alimony. A bill has passed through the legislature. If approved by the governor the bill would become law on October 1, 2016. Presently, alimony is determined based upon a balancing of the needs of the recipient against the ability to pay by the obligor. The […]
Florida Senate Tracker Update – Alimony Legislation
The alimony saga in the Florida legislature has taken an unexpected twist. Until yesterday, two separate bills (HB 455 in the House, and SB 668 in the Senate) were moving toward votes in the full chambers. Yesterday, however, Senate Bill 668 was amended in its entirety to delete the alimony guidelines and instead establish a […]
Florida Alimony Bill Update
House Bill 455 is the current Alimony Bill under consideration. It passed the Civil Justice Subcommittee by a vote of 9-4, and then was passed to the Judiciary Committee. An amendment was added yesterday (not a substantive amendment). A vote will be upcoming in the Judiciary committee shortly (not yet scheduled), and if it passes […]
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 […]
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 […]
Possible Alimony Law Changes In The Works
In this edition of the Men’s Rights Law Firm blog, we will discuss the pending alimony law changes that could become reality in the near future. The following is in an FAQ format, and may hold answers to questions by those facing unjust alimony obligations in their divorce decrees: 1. What are your thoughts on […]