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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Bresky Law Obtains Ruling Dispensing With Evidentiary Hearing Upon Remand Following Appellate Win
Bell v. Bell, 502007DR002692XXXXSB
Case No. 4D10-5122
This was a divorce case with several contested issues regarding the parties’ marital and non-marital assets. Our client, the former wife, appealed the final judgment of dissolution of marriage. The former husband cross-appealed. Our client’s main issues were (1) the trial court’s failure to award her half of the...
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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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Bresky Law Obtains Per Curiam Affirmance of Order Dismissing Former Husband’s Petition For Modification of Alimony
Rice v. Rice
Case No. 4D10-2523
We represented a former wife whose trial counsel succeeded in getting her former husband’s petition for modification of alimony dismissed, as well as attorney’s fees as a sanction. The parties had divorced in 2005 and entered into a Marital Settlement Agreement whereby the former husband paid the former wife alimony....
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Inequitable Distribution of Assets Resolved – Win at the Fourth District Court of Appeal:
Bell v. Bell
This was a divorce case involving several issues regarding the parties’ marital and non-marital assets. Our client appealed and the opposing party cross appealed. Our client’s main issues were the trial court’s failure to (1) award her half of the husband’s accounts receivable from loans he made to his businesses; and (2)...
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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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