Family Law Case Updates – January 2025 – Stephens & Stevens Marital & Family Law
Agreements:
Duran v. Duran, 403 So.3d 1039 (Fla. 3rd DCA 2025). Order declining to enforce prenuptial agreement affirmed when supported by competent evidence. Judge Oscar Rodriguez Fonts affirmed.
Alimony:
Smith v. Chevillet, 403 So.3d 230 (Fla. 4th DCA 2025). Trial court erred awarding rehabilitative alimony when record had no evidence to support award. Discussion between attorney for one party and judge was not an agreement without the unequivocal assent of the other party. Fact court failed to make required findings was waived by party’s failure to seek rehearing. Judge Darren Shull reversed.
Woodward v. Woodward, 400 So. 3d 861 (Fla. 2nd DCA 2025). Trial court entered final judgment in February 2023. Permanent alimony was eliminated by legislation for any case initiated or pending as of July 1, 2023. Because this case was appealed, the matter was still pending as of July 1, 2023, so permanent alimony is not an option even though final judgment originally entered in February 2023. On remand, court needs to consider ability, adultery and whether a supportive relationship exists. Judge Lindsey M. Alvarez affirmed in part, reversed in part.
Annulment:
Rojas v. Londono, 50 Fla.L.Weekly D129 (Fla. 3rd DCA 2025). Trial court affirmed for denying annulment when record demonstrated marriage was consummated and wife did not enter marriage fraudulently. Judge Christina Marie DiRaimondo affirmed.
Child Support:
Smith v. Chevillet, 403 So.3d 230 (Fla. 4th DCA 2025). Trial court failed to add alimony received to recipient’s income for purposes of calculating child support. Judge Darren Shull reversed.
Equitable Distribution:
Bell v. Bell, 401 So.3d 592 (Fla. 5th DCA 2025). Trial court erred by failing to credit husband $10,009 loan he paid on Wife’s vehicle. Judge James E. Kallaher affirmed in part, reversed in part.
Cancel v. Cancel, 399 So.3d 371 (Fla. 2nd DCA 2024). Trial court erred failing to distribute marital portion of husband’s retirement that was not yet in pay status, because of no evidence of the value. Court could have used “deferred distribution” method by assuming amount of benefit if husband had retired at time of trial without early retirement penalty, and multiplying it by percentage other spouse is entitled to. Judge Brian Gnage affirmed in part, reversed in part.
Kerrigan v. Page, 401 So.3d 569 (Fla. 2nd DCA 2024). Trial court erred failing to address mortgage paydown of premarital property made with marital funds. Judge Brian Gnage affirmed in part, reversed in part.
Michener v. Michener, 403 So.3d 1040 (Fla. 3rd DCA 2025). Trial court erred unequally distributing parties’ retirement accounts by over $250,000, because wife destroyed husband’s Star Wars collection (and other memorabilia) that he listed on his financial affidavit was worth $14,500, but he testified that certain items were priceless because they could not be replaced. A sentimental interest of property by one party cannot takeover financial fairness to other party. Judge Spencer Multack affirmed in part and reversed in part.
Exclusive Use and Possession:
Campana v. Trabold, 403 So.3d 333 (Fla. 2nd DCA 2024). Trial court erred granting “no-contact” order which effectively gave Father exclusive use and possession of jointly-owned residence when it was not plead, not noticed, nor tried by consent. Judge Nancy L. Jacobs reversed.
Injunctions:
Abercrombie v. Nenneman, 401 So.3d 614 (Fla. 2nd DCA 2025). Trial court erred entering stalking injunction when ex-girlfriend 1) called and texted ex-boyfriend several times, 2) appeared at his work several times, 3) followed him after a court hearing crying in a parking lot, because this would not constitute substantial distress to a reasonable person as required. Judge Linda H. Babb reversed.
Name Change:
In Re: M.T.F., 401 So.3d 367 (Fla. 4th DCA 2025). Trial court affirmed for denying name change of minor child, when petition failed to describe how it was in child’s best interest. Trial court reversed for denying motion for rehearing which did. Judge Karen M. Miller affirmed in part, reversed in part.
Parenting:
Rosado v. Samuelsen, 401 So.3d 606 (Fla. 5th DCA 2025). Trial court made oral pronouncement that it would include a provision in parenting plan that child must be administered prescribed. Such final judgment was reversed when it failed to include this provision. Judge Brian J. Welke affirmed in part, reversed in part.
Paternity:
Bronner v. Longden, 398 So.3d 1015 (Fla. 4th DCA 2024). Trial court erred making findings of fact without an evidentiary hearing and dismissing potential legal father’s paternity action when allegations in petition should have been taken as true for purposes of a motion to dismiss. Matter remanded for evidentiary hearing to determine if acknowledgement of paternity should be voided due to fraud, duress, or mistake of fact. Judge Darren Shull reversed.
Schauer v. Mitchell, 401 So.3d 627 (Fla. 1st DA 2025). Trial court’s non-final order affirmed, finding father’s paternity had been established and denying pick-up order because amended F.S. §744.301(1) now establishes paternity when father is on birth certificate and Mom signed voluntary acknowledgment of paternity at child’s birth. Judge Frederick Laurence Koberlein, Jr. affirmed.
Procedure:
Bonsignori v. Boulay, 402 So.3d 434 (Fla. 2nd DCA 2024). Trial court affirmed for denying 12.540(b)(5) “new circumstances” motion when facts do not amount to new circumstances occurring post-judgment. Judge Steve D. Berlin affirmed.
Oria v. Velastegui, 402 So.3d 427 (Fla. 3rd DCA 2024). Trial court erred dismissing a modification seeking to adjudicate issues that were not addressed in original paternity judgment because in this case, the Mother defaulted and because of that, the Court had to assume father’s allegation of substantial change of circumstances was deemed admitted. Court affirmed for dismissing request for holiday timesharing as that had been addressed in the final judgment. Judge Marcia Del Ray affirmed in part, reversed in part.
Pardes v. Pardes, 50 Fla.L.Weekly D103 (Fla. 3rd DCA 2025). Writ of prohibition granted to prevent circuit court judge from determining amount of attorney’s fees already awarded, when parties agreed all litigation will be adjudicated by a private judge.
Phinney v. Phinney, 50 Fla.L.Weekly D207 (Fla. 3rd DCA 2025). Husband’s sister was his guardian after traumatic head injury, and also his attorney in his divorce. Trial court erred disqualifying the sister/guardian/attorney as the attorney for the husband, when sister/guardian/attorney was going to be a witness at final hearing. Disqualifying sister/guardian/attorney was too broad. Sister/guardian/attorney should only be prohibited from being attorney at hearing she would be a witness. Judge Marlene Fernandez-Karavetsos reversed.
