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Family Law

Can Debt for an Adult Child's College Expenses be considered Marital Property?

A recent second district court of appeals case found that debt the Husband incurred on behalf of an adult child during the marriage was considered marital property. In Wagner v. Wagner, the Husband ...
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Can the Court Order Time Sharing for an Adult Child Who is Disabled?

The short answer is, no. The First District Court of Appeal recently addressed this issue in Hardman v. Koslowski. In this case, the parties had a child who was disabled and had mental and physical ...
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My Car Was Keyed, Can I get an Injunction?

A recent First District Court of Appeals case dealt with the question of whether having your car keyed is sufficient evidence to get an injunction against the perpetrator. In Williams v. Gonder, ...
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How to calculate alimony increases based upon the Consumer Price Index

I have seen settlement agreements that allow for an annual increase of alimony to take into account for inflation. A recent Fifth District Court of Appeals case laid out the formula necessary to ...
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Must I always file a Motion for Rehearing?

A motion for rehearing is a document that is filed after a trial or final hearing. It requests that the court reopen the testimony or make specific findings. Filing a motion for rehearing is not ...
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What is a Standing Temporary Order?

In Hillsborough County, the judge automatically enters a Standing Temporary Order for all family law cases. The Standing Temporary Order addresses several issues relating to children and finances. One ...
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Can I be Facebook Friends with my Judge?

The answer to that question is no, absolutely not. A recent Fifth District Court of Appeals case dealt with this issue. In Chance v. Loisel, the trial judge reached out to the Wife and tried to add ...
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What Happens When a Party Dies During a Divorce Proceeding?

In general, if a party dies during the proceeding and the court has not held a hearing on the merits of the matter, then the matter is dismissed. The other party files a document called a suggestion ...
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Deviation from Child Support based upon Time Sharing

Must you have a court ordered parenting plan in order to receive a downward deviation from the standard child support guidelines? Yes. The statute provides that a court may deviate downward on your ...
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I'm afraid my spouse is going to leave the country with my child, what should I do?

Every so often you hear in the news that one parent has kidnapped a child and taken him to another country. These instances are rare, but do happen. The Florida Legislature has given the court’s ...
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Equitable Distribution

Florida’s equitable distribution of marital property laws require the court to identify and distribute marital assets. The definition of what constitutes an asset can be quite broad. For ...
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D.M.T. v. T.M.H. - Part II

Part I of this article discusses the facts surrounding D.M.T. v. T.M.H. Part II will discuss the Florida Supreme Court’s ruling and analysis. The essesnce of the case centered around Florida ...
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D.M.T. v. T.M.H. - Part I

The Florida Supreme Court recently entered a ruling in a very unique case of first impression. The parents in this case are two women. The Florida Supreme Court identified them by their initials, ...
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Passive Appreciation of Non-Marital Property

Most clients are not aware that passive appreciation of non-marital property can be considered a marital asset. A recent case from the Fourth District Court of Appeal dealt with this issue. In Burton ...
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What is a Continuance?

When a party requests a continuance, they’re basically requesting that the Court reschedule a hearing. Sometimes life events happen and a party is unable to attend a scheduled final hearing or ...
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What constitutes Domestic Violence?

A recent Fourth District Court of appeal defined what is considered domestic violence and what is not. In Stone v. Stone, The parties were married in January 2011. The former wife filed for divorce in ...
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Due Process

Each party is entitled to due process when presenting their case in front of a family law court. A recent Third District Court of Appeals case found that the trial court denied a Father his due ...
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Are Tools Marital Property?

Many of you husbands (and wives) may have received tools this morning for Christmas. Are those tools considered marital property? In general, yes, tools are considered marital property if they were ...
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Marital vs. Non-Marital Stocks

A recent First District Court of Appeals case reversed a trial court’s finding that Coca-Cola stocks were non-marital. In Madson v. Madson, the appellate court determined that the trial court ...
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What is a QDRO?

When going through your divorce, you will often hear legal terms that are foreign to you, but are quite common in the family law world. One term used quite often is QDRO. A QDRO simply stands for ...
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What Happens If I Relocate my Child Without a Court Order?

Florida has a very specific statute that, in general, prevents a parent from relocating a child more than 50 miles away from the other parent without a court order. On rare occasions, some parents ...
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Depositions

If you are going through a contested divorce you can be certain that the lawyer for your spouse is going to want to take your deposition, and even more importantly your attorney is going to want to ...
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Can the Court Deviate from Child Support Guidelines?

The Florida Statutes allow a trial court to deviate upwards or downwards from the child support guidelines. In my experience, this is generally the exception and not the norm when it comes to an award ...
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Appeals and Motions to Stay

The First District Court of Appeal, in Maxine Lampert-Sacher v. Mark Sacher, recently discussed the issue of a motion for stay. When an appeal is filed, a motion for stay can sometimes be filed as ...
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Military retirement and divorce

The First District Court of Appeal, in Joanna Graham v. Nathaniel Graham, recently addressed the issue of military retirement accounts with monthly payouts. The issue in this case was whether it was ...
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