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 …

Florida Supreme Court Changes Rules Of Procedure For Family Law

The Supreme Court of Florida has passed amendments to the Florida family Law rules of procedure. These rules changes became effective March 16, 2017. The rule changes were a result of the family Law rules committee and the report recommending that the Florida Supreme Court adopt many amendments to the Florida family Law rules of procedure to govern family law …

Florida Alimony Reform, couple fighting over money illustration.

Florida Alimony Reform is Again Moving Through Committees

The push for Florida alimony reform is once again moving through the committees. Read SB 668 at: https://www.flsenate.gov/Session/Bill/2016/0668/ByVersion   Florida alimony reform changes can be widespread. Consider the following aspects of the bill: Alimony calculated based on the difference in income and length of marriage without concern for the needs.  Court can only deviate if presumptive alimony is inappropriate or inequitable. …

Decorative Scales of Justice in the Courtroom

Residency in Florida Under Six Months UCCJEA Jurisdiction of Minors

TRIAL COURT ERRED IN FINDING HOME STATE OF MINOR CHILDREN TO BE COLORADO WHERE CHILDREN HAD RESIDED IN FLORIDA WITHIN SIX-MONTH PERIOD PRIOR TO FATHER’S FILING OF PETITION, THUS MAKING FLORIDA THEIR HOME STATE UNDER THE UCCJEA. The Mother and Father moved with their two minor children from Colorado to Florida in October 2010. In August 2011, the Mother moved …

Girlfriends at Home

August 2015 – Homestead Exemption and Same Sex Marriage

As of January 6, 2015, Florida began recognizing same-sex marriages performed in other jurisdictions and issuing marriage licenses for same-sex marriages to be performed in Florida. This new legal status for married same-sex couples allows for ownership of real property by the married couple as Tenants By The Entireties. THE BENEFITS: TENANTS BY THE ENTIRETY (TBTE): This applies only to …

red failed stamp

2015 Florida Alimony Bill Fails To Pass

There will not be an alimony reform this year.   The House passed an alimony reform bill but the Senate did not pass any alimony bill this year.   Legislative update: Alimony reform to be back next year, this process will not stop until alimony reform is accomplished. 50/50 timesharing as the best interest of the child is still a …

Florida Alimony Amendment

An amendment was filed on March 24th for the Senate Bill.  This is a clear indication of how massive changes can be made as these bills go through the process.  Caution is advised that more changes may have happened even before you read this email. A comparison of the new proposal with the prior Senate proposal has the following differences …