Can a court refuse to impute income for child support?
According to Florida law, the court may refuse to impute income to a primary residential parent if the court finds it necessary for the parent to stay home with the child: Income on a monthly basis shall be imputed to an unemployed or underemployed parent when such...
What is imputed income?
According to Florida case law, imputed income is what a spouse is able to earn, above and beyond what the spouse actually earns: “[W]hen one party is entitled to permanent periodic alimony but the other spouse has no current ability to pay, the trial court should...
Do a ward’s wishes control the choice of guardian?
According to Florida law, the wishes of the ward are considered in appointing a guardian. However, they are not controlling: Hence, under section 744.312, “a person who is related by blood or marriage to the ward” receives preference in appointment. But, the inquiry...
Should custody change be a penalty for missed visitation?
According to Florida law, transfer of child custody from father to mother was not an appropriate sanction for father's contempt in failing to deliver children for visitation with mother, where there was no finding that a change in custody was in best interests of the...
Must court hold one in contempt for violating parenting plan?
According to Florida case law, there is no law that requires a trial court to hold a person in contempt for violating a time-sharing parenting plan, and a trial court does not abuse its discretion simply by declining to do so: Under Florida law, “[t]here is nothing...
Can a trial court’s old warning affect a custody change?
According to Florida law, a two-year-old written warning by the trial court to a mother regarding the potential loss of residential custody if she continued to deny the father his post-dissolution visitation rights is deemed insufficient to notify the mother that a...
Can court refuse to hold parent in contempt for drinking?
According to Florida law, a trial court may exercise its discretion when deciding on contempt charges. For example, it may refuse to hold a former husband in contempt for drinking in front of children - a violation of a dissolution decree - while holding the former...
Does Cheating Affect Alimony In Florida?
According to Florida law, a trial court may consider evidence of adultery in determining an award of alimony: We agree with the analysis of the District Court of Appeal, Third District. The legislature has expressly provided in section 61.08(1), Florida Statutes...
Can a spouse be forced to sell assets to pay alimony?
According to Florida law, a spouse cannot be ordered to sell capital assets to meet alimony payments: In any event, the law does not require that an ex-husband necessarily sell capital assets to pay alimony. Nor is an ex-husband necessarily required to borrow money to...
Can I have marital and non-marital assets in one account?
According to Florida law, the co-mingling of marital and non-marital funds in the same account will generally result in the full account being deemed “marital”: As a general rule, when marital funds and non-marital funds are deposited into the same account, the...