What do Michael Flynn, FloRida, and an Annoying Grandma have in common?

Recent Florida Family Law Case Highlights: Key Takeaways for Your Legal Concerns

At Fell Law Group, we aim to keep our clients informed about significant legal developments in family law and related areas. Here are some recent case decisions from Florida courts that may have implications for your family law matters:

Gonzalez v. Calles, 49 Fla. L. Weekly D2478 (Fla. 3d DCA December 11, 2024)

Issue: Modification of child support and timesharing

In this case, the court upheld a mother’s request to increase child support after the father’s income more than doubled since the original divorce decree. Despite the father’s remarriage and move to a larger home, the court determined these changes were insufficient to justify modifying the timesharing agreement.

Key Takeaways:

A significant increase in a payor’s income can justify an increase in child support.
Improvements in a non-custodial parent’s living situation, such as remarriage or moving to a larger home, do not necessarily constitute a “substantial change in circumstances” for timesharing modifications.

Leonard v. Gordon, 49 Fla. L. Weekly D2506 (Fla. 4th DCA December 11, 2024)

Issue: Child support and dependency tax exemptions

The trial court’s oral ruling conflicted with its written judgment regarding which parent could claim the dependency tax exemption. The appellate court ruled that oral pronouncements control, reaffirming that the mother, as the majority timesharing parent, is presumptively entitled to the exemption. The case was remanded to correct the written judgment.

Key Takeaways:

Oral rulings made in court take precedence over written judgments if there is a conflict.
The parent with majority timesharing is generally entitled to claim the dependency tax exemption unless otherwise ordered.

Savage v. Bustillo, 49 Fla. L. Weekly D2512 (Fla. 1st DCA December 11, 2024)

Issue: Injunctions for protection against domestic violence and stalking

A trial court’s issuance of an injunction against a grandmother was reversed. The court found that the grandmother’s actions—though persistent—did not rise to the level of causing substantial emotional distress to a reasonable person.

Key Takeaways:

Injunctions for domestic violence or stalking require evidence of behavior that would cause substantial emotional distress to a reasonable person.
Persistent contact alone may not meet this threshold.

Flynn v. Wilson, 49 Fla. L. Weekly D2481 (Fla. 2d DCA December 11, 2024)

Issue: Defamation and social media commentary

This case addressed defamation claims involving a public figure and comments made on social media. The court held that statements labeling the plaintiff as a “Putin employee” and “Q,” the purported leader of the QAnon movement, were nonactionable rhetorical hyperbole or opinion. The plaintiff failed to show evidence of actual malice, a key requirement for public figures in defamation cases.

Key Takeaways:

Statements on social media that constitute rhetorical hyperbole or opinion are generally not actionable as defamation.
Public figures must provide clear evidence of actual malice to prevail in defamation claims.

Celsius Holdings, Inc. v. Strong Arm Prods. USA, Inc., 49 Fla. L. Weekly D2504 (Fla. 4th DCA December 11, 2024)

Issue: Breach of contract and damages calculation

This case involved a dispute over an endorsement agreement between a musical artist and a fitness drink manufacturer. The trial court’s method of calculating damages was reversed because it improperly used the stock’s valuation at the time of trial rather than the date of breach. The case was remanded for a fact finder to determine the stock’s value at the correct time.

Key Takeaways:

In breach of contract cases involving stock compensation, damages are generally measured as of the date of breach unless there is specific evidence justifying an alternative date.
Clear communication regarding intentions for stock valuation is critical in contract disputes.

Practical Implications for Your Family Law Case

These cases underscore the importance of understanding the specific criteria courts use when evaluating family law matters, such as:

The necessity of proving substantial changes in circumstances for modifications of child support or timesharing.
The weight given to oral rulings in court versus written judgments.
The rigorous standards required for obtaining protective injunctions.
The relevance of precise evidence and timing in contract and defamation-related disputes.

If you’re facing a family law issue—whether it involves child support, timesharing, or other matters—our team at Fell Law Group is here to help.

Why Choose Fell Law Group?

Our motto says it all: Fell out of love? Call Fell Law Group! We’ll help pick you back up. Whether you’re navigating the complexities of divorce, seeking a child support modification, or dealing with a domestic issue, we’re here to provide compassionate and experienced legal guidance.