Does every attorney fee award really require written findings of the number of hours spent and the reasonable hourly rate? Let's see! Oral modifications of Alimony, Voluntary Underemployment, and More!

Navigating the complexities of family law often involves addressing disputes over alimony, child support, and attorney’s fees. Recent Florida appellate court decisions shed light on critical legal principles and procedural requirements in these areas. Here’s a breakdown of five important cases and their implications for family law litigants.

1. Fernandez v. Kivimaki: Oral Agreements in Alimony Modifications

In this case, the court addressed whether an oral agreement between former spouses could justify modifying an alimony obligation:

The trial court upheld the validity of the oral agreement, supported by substantial evidence, to reduce the former husband’s alimony payments.
The court also denied the former wife’s motion for contempt and attorney’s fees, finding that the former husband lacked the financial ability to pay.

Key Takeaway: Oral agreements can be enforceable in modifying alimony if supported by credible evidence. However, contempt motions and attorney’s fees require thorough financial documentation and legal analysis to succeed.

2. Chavez v. Department of Revenue: Waiving the Right to Challenge Child Support

In Chavez, the father appealed the Department of Revenue’s child support determination, arguing it was improperly calculated:

The court held that by waiving his right to an administrative hearing, the father forfeited his ability to challenge the sufficiency of evidence supporting the child support obligation.

Key Takeaway: Failing to participate in administrative hearings or court proceedings can severely limit your legal options. It’s essential to engage actively in the process to preserve your rights.

3. Lavinder v. Bryson: Social Security and Alimony Obligations

This case dealt with whether Social Security benefits could satisfy alimony obligations under Alabama law:

The court determined that the former husband’s payment of Social Security benefits exceeding his alimony obligation satisfied the obligation but did not terminate it.
The trial court lacked authority to terminate an alimony obligation imposed by another state with continuing jurisdiction.

Key Takeaway: Social Security benefits could potentially offset alimony but do not automatically terminate the obligation (at least in Alabama). Interstate cases require careful attention to jurisdictional rules to ensure compliance with the original court’s orders.

4. Campbell v. Jara: Errors in Imputed Income for Child Support

In Campbell, the court addressed several errors in calculating child support:

The trial court double-counted the father’s income, mischaracterized gross versus net income, and used inaccurate figures.
The court also erred in imputing income without substantial evidence or justification, particularly when imputing income beyond what the father had ever earned.

Key Takeaway: Proper calculation of income and evidence-based findings are critical in child support cases. Imputing income requires a factual basis pursuant to payor’s work history, especially when asserting underemployment or justifying higher-than-actual income.

5. Julia v. Ramos-Baez: Attorney’s Fees and Written Findings

This case highlighted the importance of written findings in attorney’s fees awards:

Despite the absence of specific findings about the reasonableness of rates and hours, the appellate court affirmed the award due to the lack of a transcript to support the appeal.

Key Takeaway: The absence of a transcript can severely limit appellate review. To challenge orders effectively, litigants must ensure complete and accurate records are preserved.

What These Cases Mean for You

These decisions underscore the importance of procedural precision and legal strategy in family law cases. Whether dealing with alimony, child support, or attorney’s fees, every detail matters—from providing evidence to participating in hearings and ensuring accurate court records.

At Fell Law Group, we’re committed to guiding you through the complexities of family law with expertise and compassion. Whether you need help modifying alimony, contesting child support, or securing fair attorney’s fees, we’re here to protect your rights.

Fell out of love? Call Fell Law Group! We’ll help pick you back up.

Does every attorney fee award really require written findings of the number of hours spent and the reasonable hourly rate? Let’s see! Oral modifications of Alimony, Voluntary Underemployment, and More!