Florida family law continues to see developments that impact divorce proceedings, custody disputes, equitable distribution, and more. Here’s an overview of four recent appellate cases and their implications for Florida families navigating the legal system.
Valuing Businesses and Imputed Income: Athea v. Athea
In Athea v. Athea, the Third District Court of Appeal addressed two critical issues in divorce cases:
- Business Valuation: The trial court’s valuation of the former husband’s interest in an LLC was upheld based on competent and substantial evidence, including testimony from the husband’s business valuation expert.
- Imputed Income: The court found that the imputation of income to the wife was unsupported by evidence of her ability to earn the amount imputed in the relevant community.
Takeaway: Accurate business valuation is essential in divorces involving business interests. Likewise, courts must base imputed income on credible evidence of a party’s earning potential in the local market.
Parenting Plans and Delays in Judgment: Alvares-Watters v. Watters
In Alvares-Watters v. Watters, the Fourth District addressed significant procedural and substantive issues:
- Parenting Plan Changes: The trial court altered the parenting plan and required the children to attend different schools without evidence about their best interests.
- Delayed Judgment: A year-long delay between trial and the final judgment led to unresolved issues regarding equitable distribution and retroactive alimony.
The appellate court ordered a new trial on all issues except the dissolution of marriage itself.
Takeaway: Timeliness and thoroughness are critical in family law cases. Courts must prioritize the best interests of children and address all outstanding issues in their judgments.
Child Support Arrearages in Probate: Fields v. Estate of Ford
The Fields v. Estate of Ford case highlights the procedural complexities of child support claims against estates.
- The claimant failed to file an independent action within the 30-day statutory period after being served with an objection to her claim.
- Without filing the necessary action or securing an extension, the claim for child support arrearages was permanently barred.
Takeaway: Procedural deadlines in probate cases are strict. Claimants must act swiftly and comply with statutory requirements to preserve their claims.
Relocation Petitions and Parenting Plans: Lane v. Fuller
In Lane v. Fuller, the Fifth District Court of Appeal dealt with a mother’s petition to relocate with her child:
- Deficient Petition: The mother’s petition lacked a written job offer and a proposed time-sharing arrangement post-relocation, key requirements for such petitions.
- Inconsistent Findings: The trial court approved the relocation despite finding that the mother worked remotely, contradicting the premise of her petition.
- Tax Exemption Issues: The court ruled that the trial court improperly altered the parents’ tax exemption arrangement without a request in the petition.
Takeaway: Relocation petitions must meet statutory requirements, including detailed support for the move and consideration of time-sharing arrangements. Courts must adhere to the scope of issues presented in the pleadings.
Why These Cases Matter
From proper business valuations to protecting procedural rights, these cases reflect the intricate nature of family law in Florida. Whether you’re facing challenges in divorce, custody disputes, or financial claims, understanding these rulings can empower you to make informed decisions.
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