Family Law Case Updates – December 2024 – Stephens & Stevens Marital & Family Law

Alimony:

Kincaid v. Kincaid, 397 So.3d 1169 (Fla. 5^th DCA 2024).  Award of alimony that exceeded payor’s surplus was reversed. Judge Christopher S. Ferebee affirmed in part, reversed in part.

Appeals:

McGann v. Walker, 397 So.3d 1196 (Fla. 1^st DCA 2024).  Order on modification affirmed because no transcript provided. Judge Sean Brewer affirmed.

Gaskins v. Bahour, 398 So.3d 560 (Fla. 2^nd DCA 2024). Appeal seeking review of orders denying a case management conference and order stating Wife was not seeking modification of support dismissed, as they were non-final orders.  Appeal dismissed.

Attorney’s Fees:

Thomas-Jones v. Jones, 397 So.3d 1191 (Fla. 5^th DCA 2024). Order awarding fees without findings about need for financial assistance reversed.  Judge James E. Kallaher affirmed in part, reversed in part.

Discovery:

Smith-Fullerton v. Fullerton, 49 Fla.L.Weekly D2468 (Fla. 5^th DCA 2024).  Writ of certiorari granted when trial court authorized full financial discovery in divorce that involved prenuptial agreement that provided for no financial discovery until the validity of the agreement can be determined. Judge Matthew M. Foxman’s order quashed.

Equitable Distribution:

McHugh v. McHugh, 397 So.3d 1179 (Fla. 5^th DCA 2024). Trial court reversed for finding loan was a gift, even with no promissory note.  Parents had contemporaneous notes, there was some repayment efforts, and no contradictory evidence presented.  See also Bratsch, 379 So. 3d 390 (Fla. 5^th DCA 2023).  Judge Howard O. McGillin, Jr. reversed.

Kincaid v. Kincaid, 397 So.3d 1169 (Fla. 5^th DCA 2024). Trial court erred distributing one car to each spouse and child as opposed to valuing them and distributing them. Trial court affirmed for denying Husband’s request to determine passive appreciation on the premarital portion of his retirement when he did not have an expert. Judge Christopher S. Ferebee affirmed in part, reversed in part.

Lapomarede v. Pierre, 399 So.3d 346 (Fla. 4^th DCA 2024). Trial court erred distributing loan taken by Wife for child expenses four months before filing solely to Wife, and Husband testified he had no knowledge of the loan. Judge Elaine A. Carbuccia affirmed in part, revered in part.

Injunctions:

Savage v. Bustillo, 397 So.3d 1198 (Fla. 1^st DCA 2024). Two domestic violence injunctions and stalking injunctions entered against Mother, filed by her son and daughter-in-law reversed when there was no substantial emotional distress. Judge Stephan A Pitre reversed.

Modification:

Gonzalez v. Calles, 49 Fla.L.Weekly D2478 (Fla. 3^rd DCA 2024). Order denying petition for modification of timesharing affirmed, because a parent’s mere move or life improvement to an environment more conducive to children is not a substantial change to justify modification of timesharing. Judge Oscar Rodriguez-Fonts affirmed.

Parenting:

Lapomarede v. Pierre, 399 So.3d 346 (Fla. 4^th DCA 2024).  Trial court affirmed for awarding week-on/week-off timesharing, even though it was not plead, when Husband requested it in pretrial and there was no objection to the evidence, so matter was tried by consent. Judge Elaine A. Carbuccia affirmed in part, reversed in part.

Paternity:

Dorvil v. Atwell, 49 Fla.L.Weekly D2435 (Fla. 3^rd DCA 2024).  Simultaneous multi-state custody dispute that is long and torturous. Trial court erred dismissing Florida action because it thought South Carolina entered a final order.  But the South Carolina order was vacated, and Florida was really the child’s home state. Case also dealt with a motion to strike the South Carolina order vacating as it was never presented to the trial judge. Judge Monica Del Rey reversed.

Relocation:

Grigsby v. Grigsby, 397 So.3d 832 (Fla. 1^st DCA 2024).  Ex parte order for return of child reversed when Father relocated before the institution of divorce proceedings, based on plain language of F.S. 61.13001. Trial court erred entering a temporary custody order without a hearing or findings of fact. Judge Jeffrey E. Lewis reversed.

Support:

Leonard v. Gordon, 398 So.3d 1003 (Fla. 4^th DCA 2024).  Trial court orally pronounced she would not rule on tax dependency, but child support guidelines attached to judgment references they would alternate child dependency deduction. Matter remanded back to trial court to strike comments in attached guidelines.  Judge Cheryl A. Caracuzzo affirmed and remanded with instructions.

UCCJEA:

De La Cruz v. Perez, 49 Fla.L.Weekly D2418 (Fla. 4^th DCA 2024). Trial court reversed for denying Hague return petition because 10-year-old child who was found to be unduly influenced met the “sufficiently mature” exception. Judge Jose A. Izquierdo reversed.

Validity of Marriage:

Baxter v. Baxter, 397 So.3d 826 (Fla. 1^st DCA 2024). Final judgment finding marriage was bigamous reversed because the Husband was equitably estopped from challenging validity. Both parties thought Wife was divorced, they lived as Husband and Wife for over 20 years and had children together. Florida has strong presumption for validity of marriage. Common law marriage still illegal in Florida.  Judge Wesley R. Douglas reversed.