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...
What do you bring to file a Broward restraining order?
According to the Broward County sheriff's office and the clerk of the court, when filing a Petition for injunction for protection against either domestic violence, stalking, dating violence, sexual violence, or repeat violence you should bring with you the following...
What If My Spouse Won’t Follow The Time-Sharing Plan?
According to Florida law, a judge may impose sanctions against your spouse including ordering makeup time-sharing or awarding attorney’s fees to the non-offending parent. In some cases, they may even modify the parenting plan if it is determined to be in the best...
Is Business Goodwill A Marital Asset In Florida?
According to Florida law, professional goodwill is a marital asset that should be included in the marital estate upon dissolution: After final judgment was entered in this case, the Florida Supreme Court decided Thompson v. Thompson, 576 So.2d 267 (Fla. 1991). In...
Can A Life Insurance Policy Be Used To Secure Alimony?
According to Florida law, a life insurance policy can be used as security if the court finds that there is a need to protect an award of alimony: To the extent necessary to protect an award of alimony, the court may order any party who is ordered to pay alimony to...