Firm Obtains Reversal of Temporary Attorney’s Fees Award in Modification of Alimony Proceedings

Bresky Law Obtains Reversal of Temporary Attorney’s Fees Award in Modification of Alimony Proceedings Giorlando v. Giorlando, 4D12-1220 Bresky Law recently won reversal of a trial court’s award of temporary attorney’s fees and costs in a petition for modification of alimony. The parties’ marriage was previously dissolved and a marital settlement agreement (“MSA”) was incorporated in...
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Specificity Required: Fourth DCA Holds Modification of Custody Was Not a Condition Precedent to Modification of Alimony Under Marital Settlement Agreement

Cook v. Cook, 4D11-2561 The parties were married for nineteen years and had four children. They filed for dissolution of marriage, and their marriage was later dissolved by a final judgment that incorporated a marital settlement agreement (“MSA”). The MSA set a specific child support obligation for the former husband. The MSA also set a...
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Law Office of Robin Bresky Obtains Reversal Where The Trial Court Excluded Stocks As Marital Income, Failed To Identify Marital Property In Jamaica, and Abused Its Discretion In The Parenting Plan

Preudhomme v. Bailey Case No. 4D10-3262 Our firm challenged the trial court’s final judgment on behalf of a former wife claiming that the lower court erred in dividing the assets, calculating income of the husband, awarding an inadequate amount of alimony, calculating child support payable by the wife, and including overly restrictive parenting provisions. The case...
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Bresky Law Obtains Remand For Former Wife to Pursue Past-Due Alimony

Drdek v. Drdek, Case No. 4D10-3082 We represented a former wife who originally filed a motion for contempt shortly after the parties divorced, due to the former husband’s non-payment of alimony despite his recent receipt of significant income from social security. The trial court adopted the magistrate’s recommendation to deny former wife’s motion because the parties’...
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Available Income is the Proper Basis for an Alimony Award; A Marital Lifestyle That Exceeds the Parties’ Earnings is not a Proper Guide for Awarding Alimony

Cissel v. Cissel, 4D09-3029 & 4D10-1324 June 22, 2011 The Fourth District wrote to address an appeal of an alimony award and child support.  The court below found the former husband, appellant, to have a gross monthly income of $18,109.  The figure was based on his average earnings during the preceding fourteen months of trial.  The...
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