Updates In The Law – September 2024

DEASY v. DEASY  So. 3d      (Fla. 4th  DCA 2024) 49 FLW D1023 (5/15/2024) ALTHOUGH §61.075(6)(b)5. PROVIDES THAT ANY LIABILITY INCURRED BY FORGERY OR UNAUTHORIZED SIGNATURE OF ONE SPOUSE SIGNING THE NAME OF THE OTHER SPOUSE IS A NONMARITAL LIABILITY OF THE PARTY HAVING COMMITTED THE FORGERY OR AFFIXING THE SIGNATURE, THIS DOES NOT APPLY TO THE BACK TAXES OWED BY …

Updates In The Law – August 2024

ATHEA v. ATHEA  So. 3d      (Fla. 3d  DCA 2024) 49 FLW D1148 (5/29/2024) EVEN THOUGH THE WIFE HAD A MASTER’S DEGREE IN ENGINEERING, IT WAS ERROR TO IMPUTE $40,000 PER YEAR INCOME TO THE WIFE WHERE THE HUSBAND DID NOT PRESENT EVIDENCE OF THE PREVAILING EARNINGS LEVEL IN THE COMMUNITY. NOR DID THE COURT MAKE PARTICULARIZED FINDINGS REGARDING THE WIFE’S …

Updates In The Law – July 2024

MACPHERSON v. MACPHERSON  So. 3d      (Fla. 6th  DCA 2024) 49 FLW D1000 (5/10/2024) THE TRIAL COURT ERRED WHEN IT DETERMINED THAT A LOAN FROM THE HUSBAND’S PARENTS THAT WAS USED TO PURCHASE THE MARITAL RESIDENCE WAS A MARITAL LIABILITY WHEN THE LOAN HAD BEEN PAID OFF PRIOR TO THE DATE THAT THE PETITION WAS FILED. This is true even though …

Amicably Splitting Assets in a Divorce

Updates In The Law – June 2024

FLUHART v. RASMUSSEN  So. 3d      (Fla. 5th   DCA 2024) 49 FLW D753 (4/4/2024) THE MOTHER APPEALED A FINAL JUDGMENT OF DOM WHICH RATIFIED AND ADOPTED THE REPORT AND RECOMMENDED FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE SUBMITTED BY THE GENERAL MAGISTRATE FOLLOWING EVIDENTIARY HEARINGS. HOWEVER, SHE DID NOT FIRST FILE A MOTION TO VACATE THE RECOMMENDED FINAL JUDGMENT AND BY THIS …

Updates In The Law – April 2024

EQUITABLE DISTRIBUTION – DIVISION HINES v. WILLIAMS So. 3d      (Fla. 4th  DCA 2024) 49 FLW D400 (2/21/2024) WHERE THE TRIAL COURT FAILED TO MAKE SPECIFIC FACTUAL FINDINGS REGARDING ITS DISTRIBUTION OF THE ASSETS AND DEBTS OR ITS DETERMINATION OF MARITAL AND NONMARITAL ASSETS AND DEBTS PURSUANT TO §61.075, THE JUDGMENT MUST BE REVERSED. THIS IS TRUE EVEN THOUGH NO TRANSCRIPT …

Updates In The Law – March 2024

AGREEMENTS – MARITAL SETTLEMENT AGREEMENT FRENKEL  v. COSTA So2d      (Fla. 4th  DCA 2020) 45 FLW D2285 (10/7//2020) FOR AN ORAL MARITAL SETTLEMENT AGREEMENT ENTERED INTO IN OPEN COURT TO BE VALID AND ENFORCEABLE THE COURT MUST INQUIRE AND THE PARTIES MUST ACKNOWLEDGE THAT THEY HAVE DISCUSSED ALL TERMS OF THE AGREEMENT WITH THEIR ATTORNEY OR HAD THE OPPORTUNITY TO DO SO.  THIS …

Updates In The Law – February 2024

As of February 2024, there have been a couple important updates to laws that you should know about, see below.   ATTORNEY’S FEES – ENTITLEMENT CLETCHER v. CLETCHER So. 3d       (Fla. 2d  DCA 2022) 47 FLW D2043 (10/7/2022) THE TRIAL COURT’S ORDER REQUIRING  THE HUSBAND TO PAY ATTORNEY’S FEES TO THE WIFE WAS REVERSED BECAUSE THE WIFE HAD A GREATER …

Alimony and the New Tax Law

Alimony and the New Tax Law

Whenever the government takes a new approach to something, a certain amount of confusion and misunderstanding is expected. This is especially true when a new approach affects as many people as the most recent tax legislation has. In addition to taking a new approach to taxes, tax brackets, payments, and other aspects of the tax code, the new tax legislation …