Florida family law is ever-evolving, with court decisions refining how marital disputes, child custody, and domestic violence matters are handled. Four recent appellate cases highlight important developments in equitable distribution, child custody, and injunctions, providing valuable insights for families navigating the legal system.
Knott v. Knott: Equitable Distribution and Alimony
In Knott v. Knott, the appellate court addressed errors in an equitable distribution and alimony determination:
- Pleading for Partition of Marital Home: The court clarified that a request to partition the marital home does not require a precise statement of each party’s ownership interest. Alleging alternative forms of co-ownership is sufficient under Florida law.
- Valuation of Marital Assets: The court ruled that valuation of depleted marital assets, including businesses and bank accounts, must reflect their most recent value unless misconduct caused a decrease. Memory lapses about withdrawals were deemed insufficient to establish misconduct.
- Alimony Determination: The court emphasized that alimony should be based on current income, not prior earnings, ensuring an accurate assessment of ability to pay.
- Joint Tax Liability: The failure to include tax liabilities in equitable distribution was a reversible error, highlighting the need for comprehensive financial evaluations in divorce cases.
Takeaway: Accurate valuations and up-to-date financial evidence are critical in equitable distribution and alimony cases. If you’re facing a similar situation, having experienced legal counsel is essential to protect your financial interests.
Radko v. LeVi: Child Custody Modifications Require Proper Procedure
In Radko v. LeVi, the appellate court reversed a trial court’s order temporarily modifying custody. The father had not filed a petition alleging a substantial change in circumstances or emergency conditions that justified a temporary change. Florida law requires:
- A proper petition for custody modification.
- Evidence of a substantial change in circumstances since the last custody order.
- Findings of emergency conditions for temporary modifications.
Takeaway: Custody modifications must follow legal procedures and be supported by evidence. Parents should consult legal professionals to ensure their rights and their child’s best interests are protected.
Johnson v. Johnson: Ultimate Decision-Making Authority in Shared Custody
In Johnson v. Johnson, the court reversed a trial court’s decision to award the father ultimate decision-making authority over the child’s welfare while ordering shared parental responsibility. The decision was problematic because:
- The father had not requested ultimate decision-making authority.
- The record lacked evidence to support the award.
- The trial court failed to specify which matters the father would oversee.
Takeaway: An order of ultimate decision-making authority requires clear and supported findings. If one parent is to have ultimate decision-making power, it must be specifically requested and justified.
Schulmann v. Schulmann: Protecting Domestic Violence Petitioners
In Schulmann v. Schulmann, the appellate court reversed a trial court’s involuntary dismissal of a domestic violence injunction petition. When ruling on a motion for involuntary dismissal, the trial court had improperly weighed evidence rather than considering it in the light most favorable to the petitioner. The case was remanded for a new hearing.
Takeaway: Florida courts prioritize fair hearings based on a presentation of evidence in domestic violence cases. If you are seeking protection, presenting your evidence effectively and ensuring it is properly evaluated are vital to securing an injunction.
Fell Law Group: Your Partner in Family Law
These cases highlight the complexity and nuance of family law in Florida. Whether you are addressing asset division, custody disputes, or domestic violence concerns, the stakes are high, and the legal landscape can be challenging to navigate.
At Fell Law Group, we bring experience and compassion to every case, ensuring your rights and interests are protected at every step.
Fell out of love? Call Fell Law Group! We’ll help pick you back up.
Schedule a consultation today to discuss your case and learn how we can help.