Family Law Case Updates – February 2025 – Stephens & Stevens Marital & Family Law

Appeals:

Magana v. Machado, 50 Fla.L.Weekly D449 (Fla. 3^rd DCA 2025).  Former husband failed to provide transcript to appellate court, and also failed to seek rehearing on failure to make findings in final judgment. Judge Christina Marie DiRaimondo affirmed.

Attorney’s Fees:

Kiswani v. Hafza, 403 So.3d 416 (Fla. 5^th DCA 2025).  Trial court erred awarding attorney’s fees without assessing the parties’ need and ability to pay.  Judge Michael J. Rudisill affirmed in part, reversed in part.

Child Support:

Favela v. Ramtahal, 402 So.3d 457 (Fla. 5^th DCA 2025).  Even without transcript, trial court erred by failing to use party’s actual income to determine retroactive support.  Judge Ann Melinda Craggs affirmed in part, reversed in part.

Equitable Distribution:

Reed v. Reed, 403 So.3d 857 (Fla. 4^th DCA 2025).  Trial court affirmed for 80/20 unequal distribution of property, when parties separated 25 years ago and increase in value was due to one owner spouse’s sole efforts, and then erred dividing the debt on the property 50/50 and discounted value by cost of sale when no sale was imminent.  Judge Karen M. Miller reversed.

Kiswani v. Hafza, 403 So.3d 416 (Fla. 5^th DCA 2025).  Trial court failed to include appropriate findings concerning parties’ assets and liabilities.  Judge Michael J. Rudisill affirmed in part, reversed in part.

Silva v. Claffey, 50 Fla.L.Weekly D285 (Fla. 4^th DCA 2025).  Trial curt erred using date of trial as valuation date, as opposed to separation date, when there is a sharp increase in value due to one owner spouse’s sole efforts or dramatic decrease in value due to wasteful conduct of owner spouse. Judge Elaine Carbuccia affirmed in part, reversed in part.

Income:

Kiswani v. Hafza, 403 So.3d 416 (Fla. 5^th DCA 2025).  Trial court erred imputing minimum wage to wife without considering F.S. §61.320(2)(b) factors.  Trial court failed to provide required findings for husband’s income to support attached child support guidelines worksheet. Judge Michael J. Rudisill affirmed in part, reversed in part.

Injunctions:

Beres v. Peterson, 50 Fla.L.Weekly D373 (Fla. 4^th DCA 2025).  Two combined cases. Injunctions obtained by daughters against their mother reversed when record contained no evidence of threat of imminent harm of being a victim of domestic violence. Judge Dina Keever-Agrama reversed on both matters.

De Jager v. De Jager, 403 So.3d 1061 (Fla. 3^rd DCA 2025).  Final judgment of injunction for protection against domestic violence affirmed when the record supported the wife kicked the husband, and she admitted it on a recorded jail call.  Judge Victoria Del Pino affirmed.

Jurisdiction:

Justice v. Guerrero-Justice, 403 So.3d 375 (Fla. 3^rd DCA 2025).  Parties filed dueling divorces in Florida and Tennessee.  Order dismissing Florida action and finding Tennessee was the child’s home state reversed when Florida judge conducted UCCJEA conference with Tennessee judge without providing notice or opportunity to participate.  Wife’s argument that participation only happens when a party affirmatively elects to participate was not a fair reading of the statute. Judge Bonnie J. Helms reversed.

Parenting:

Kiswani v. Hafza, 403 So.3d 416 (Fla. 5^th DCA 2025).  Trial court’s parenting plan reversed when it 1) failed to implement a timesharing schedule, 2) delegated authority for court to review timesharing only by recommendation of a third party, giving therapist authority to establish visitation and guidelines, and 3) impermissibly established conditions for mother to regain timesharing with child.  Judge Michael J. Rudisill affirmed in part, reversed in part.

Procedure:

Greenwood v. Greenwood, 50 Fla.L.Weekly D450 (Fla. 3^rd DCA 2025).  Trial court violated former wife’s due process by awarding temporary decision-making authority regarding child’s education when 1) relief not requested in motion, 2) former husband previously made this request and it was denied, 3) option not discussed at hearing, and 4) former wife did not have notice and opportunity to be heard.  Judge Marlene Fernandez-Karavetsos reversed.

Ramirez v. Gregory, 403 So.3d 414 (Fla. 5^th DCA 2025).  Trial court reversed for awarding retroactive support when issue was not raised by pleadings, nor tried by consent.  Judge Thomas R. Eineman affirmed in part, reversed in part.

Relocation:

Burgess v. Burgess, 399 So.3d 1290 (Fla. 2^nd DCA 2025).  Non-final order denying temporary petition to relocate affirmed as record demonstrated move was not in minor child’s best interest. Judge Nancy L. Jacobs affirmed.