Alimony:
Lopez v. Lopez, 385 So.3d 1090 (Fla. 4th DCA 2024). Trial court erred basing alimony on gross income, rather than net. Judge Dina Keever-Agrama affirmed in part, reversed in part.
Deasy v. Deasy, 396 So.3d 946 (Fla. 4th DCA 2024). Award of alimony reversed when Court failed to make findings as to Wife’s needs and investment income. Judge Karen Miller affirmed in part, reversed in part.
Duhamel v. Duhamel, 385 sO.3D 209 (Fla. 2nd DCA 2024). Trial court’s award of taxable alimony reversed. Periodic alimony is no longer taxable following repeal of IRC Code Sec 215. Also, amount of alimony awarded of $2,500 was not sufficient to meet Wife’s “basic” needs, even though Husband had ability. Good discussion of necessary expenses. When determining alimony on remand, Court directed to use current incomes. Judge Alicia Polk affirmed in part, reversed in part.
Attorney’s Fees:
Lopez v. Lopez, 385 So.3d 1090 (Fla. 4th DCA 2024). Trial court erred in denying attorney’s fees because of the parties’ conduct, without considering need and ability to pay. Judge Dina Keever-Agrama affirmed in part, reversed in part.
Equitable Distribution:
Deasy v. Deasy, 396 So.3d 946 (Fla. 4th DCA 2024). Trial court erred in failing to make specific written findings of fact as to the identification and valuation of marital assets and liabilities. Tax liability is not marital waste when the Husband forges the Wife’s signature on the tax return. This was distinguished from Mills v. Mills, 192 So.3d 515 (Fla. 5th DCA 2016) where a loan with a forged name was considered marital waste. Sale of Mercedes vehicle that was worth 30k for 3k was deemed marital waste. Judge Karen Miller affirmed in part, reversed in part.
MacPherson v. MacPherson, 387 So.3d 418 (Fla 6th DCA 2024). Trial court erred distributing necklace to Wife when there was no evidence Wife owned or possessed the necklace. Trial court also erred classifying loan received pre-filing as non-marital. Judge Lisa S. Porter affirmed in part, reversed in part.
Vassallo v. Socarras, 389 So.3d 731 (Fla. 3rd DCA 2024). In first appeal, trial court erred categorizing certain properties owned by the Husband as marital, and matter remanded to determine if there was any marital appreciation. On remand, the trial court found no appreciation even though martial funds were used to pay down the mortgage. Even though the house did not increase in value, the pay down of the mortgage with marital funds increased the Husband’s equity. Judges Maria Espinosa Dennis and Judge Oscar Rodriguez-Fonts reversed.
Injunctions:
Padilla v. Pickett, 385 So.3d 1088 (Fla. 4th DCA 2024). Request for domestic violence injunction properly denied when only incident of domestic violence happened years prior and was stale, and therefore insufficient to support an injunction. Remaining allegations concerned verbal abuse which is also insufficient. Judges Lauren M. Alperstein and Judge Dale Cohen affirmed.
Modification:
Harrell v. Friend, 388 So.3d 1086 (Fla. 1st DCA 2024). Trial court erred granting motion to dismiss modification without an evidentiary hearing concerning custody for failure to state a cause of action, relying on a line of cases that affirmed dismissals after an evidentiary hearing to determine whether overcoming a substance abuse issue alone was not sufficient to support a modification. While overcoming an addiction alone is insufficient, improved ability to parent, improved parental relationship and decreased risk of harm to child’s mental and physical well-being are sufficient. Judge Barbara K. Hobbs reversed.
Procedure:
Reed v. Reed, 386 So.3d 574 (Fla. 4th DCA 2024). Trial court erred dismissing petition for dissolution for lack of prosecution, when record clearly showed multiple pleadings had been filed within the 60 days following the notice. Irrelevant whether pleadings filed by petitioner or respondent—as there were pleadings filed. Judge Karen M. Miller reversed.
Elsawaf v. Elsawaf, 385 So.3d 1117 (Fla. 5th DCA 2024). Trial court denied Husband due process, by allowing his attorney to withdraw the day of the hearing and denying Husband’s request for a continuance. The concept of due process requires both reasonable notice and the opportunity to be heard. An attorney may be allowed to withdraw so long as it can be accomplished without material adverse effects on the interests of their client. Judge Jigisa Patel-Dookhoo reversed.
Sieberg-Shabbick v. Shabbick, 388 So.3d 1071 (Fla. 3rd DCA 2024). Trial court erred granting set-off for rental value of property when relief was not properly plead. Set-off is an affirmative defense which must be raised in a pleading to be properly considered. Judge Bonnie J. Helms affirmed in part, reversed in part.
Support:
Stellato v. Stellato, 386 So.3d 944 (Fla. 4th DCA 2024). Trial court reversed for not attaching child support guidelines to final judgment, even though child support guidelines were filed in the Court file. If guidelines are not attached, the order must have a finding noting it relied on the guidelines in the file to ensure there is no impediment to further review. Judge Robert L. Pegg affirmed in part, reversed in part.
