Trial court must consider all 61.08 factors, including pre-dissolution debts. “We reverse the trial court’s award of $1,500 per month in permanent periodic alimony, and $18,000 in retroactive alimony, as we conclude that the trial court’s financial analysis was tainted by its failure to properly consider all of the relevant factors pursuant to section 61.08. [...]

Trial court is required to appoint a guardian ad litem to determine child’s best interests. “For example, if paternity is contested, the child’ s legitimacy is at issue, and the legal father has not had notice or an opportunity to be heard, the trial court is required to appoint a guardian ad litem and hear [...]

When there is a custody dispute between a parent and a third party custody should only be denied to the natural parent when an award of custody to the natural parent would be detrimental to the child. “When the custody dispute is between a natural parent and a third party, however,…custody should be denied to [...]

A putative father seeking to avoid a paternity test can raise the Privette presumption. A putative father seeking to avoid a blood test may raise the presumption in the context of his privacy interest. See Privette, 617 So. 2d at 309 n.8 (Fla. 1993) (‘By asserting a privacy interest the putative father necessarily puts in [...]

DOR can file paternity action against both legal and biological fathers. “DOR’s position is that it may file a paternity action against both the legal father and biological father, and that the issues of the best interests of the child and the presumption of legitimacy should be dealt with during the proceedings. We agree.”

In calculating ability to pay, courts must factor in voluntary contributions to investment. “Additionally, trial courts must factor in the paying spouse’s voluntary contributions to invest¬ments, savings, and retirement plans in making the “ability-to-pay alimony calculation.” Geoghegan v, Geoghegan, 969 So. 2d 482, 486 (Fla. 5th DCA 2007); see also Martinez v. Abinader, 37 So. [...]

A final judgment providing for exclusive use and occupancy must state that it terminates upon the occupant’s remarriage. “The final judgment provided, inter alia, that “[t]he children and Wife shall be awarded exclusive use of the marital home for a minimum of 14 years, when the parties’ youngest child will begin college or otherwise be [...]

Florida Alimony Reform Introduction The Florida Senate has before it Senate Bill 748. The Florida House of Representatives has before it House Bill 549. Both of these Florida alimony reform bills have been substantially modified since the date of their inception. This article will discuss the salient points in the proposed Florida alimony reform legislation. [...]

Child Support –  Agreements between the parties in Florida A Court is not bound by an agreement between the parties concerning child support.  ”It is undisputed, and should be indisputable, that a trial court’s responsibility to the child cannot be abdicated to any parent, any expert. That heavy responsibility mandates that a court is not [...]

Child Custody & Visitation –  in Florida A Court is not bound by an agreement between the parties nor by opinions of experts concerning time-sharing.  ”It is undisputed, and should be indisputable, that a trial court’s responsibility to the child cannot be abdicated to any parent, any expert. That heavy responsibility mandates that a court [...]