Fourth DCA: Ruling Designating Keys Father Primary Residential Parent When Child Begins School Does Not Constitute Improper Prospective Relocation Order

Fourth DCA: Ruling Designating Keys Father Primary Residential Parent When Child Begins School Does Not Constitute Improper Prospective Relocation Order Krift v. Obenour, Case No. 4D13-1151 (Fla. 4th DCA, November 5, 2014) Bresky Law recently obtained a decision in our client’s favor in the Fourth DCA in a case regarding timesharing where the parties live greater...

Fourth DCA: Contempt Unavailable to Force Payment of Mortgage on Marital Home by Spouse Who Received Home in Dissolution of Marriage Proceeding

Fourth DCA: Contempt Unavailable to Force Payment of Mortgage on Marital Home by Spouse Who Received Home in Dissolution of Marriage Proceeding A common problem we have seen spouses encounter following divorce involves responsibility for the mortgage on the marital home. Family courts often award one spouse the marital home in equitable distribution. However, the...

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...

Bresky Law Obtains Reversal of Order Denying Wife’s Attorney’s Fees and Attributing Wife Depleted Marital Assets

Goldstein v. Goldstein Case No. 4D10-3081 We represented a former wife in an appeal from an amended final judgment of dissolution of marriage. The trial court had denied our client her attorney’s fees and costs without making any findings as to our client’s need and the former husband’s ability to pay. Additionally, in the equitable distribution...

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...

Fourth DCA Reverses Order of Contempt

Parris v. Silveira and Parris Case No. 4D11-3006 Angelica Parris gave birth to a child while married to Joseph Parris. Angelica later filed for divorce, representing in her petition for dissolution that there were no minor children of the marriage. The trial court entered a final judgment of dissolution of marriage. Silveira later filed a paternity...

Everyone Gets Their Day in Court: Fourth DCA Reverses Civil Contempt Order For Failure To Hold Evidentiary Hearing

Leo v. Leo Case No. 4D10-5127 In this family law appeal, appellant, Former Wife, appealed an order finding her in civil contempt. This appeal stemmed from a final judgment of dissolution of marriage between the appellant and the appellee, Former Husband. Subsequent to entry of the final judgment, Former Husband filed a motion for civil contempt...

Free Rent Ends When New Marriage Begins: Fourth DCA Makes Clear That Awards of Exclusive Possession of Marital Home Must Provide for Termination Upon Remarriage

Fisher v. Fisher Case No. 4D10-383 The Fourth District Court of Appeal (“Fourth DCA”) addressed a direct appeal from a final judgment of dissolution of marriage. The trial court’s final judgment provided that the former wife and minor children would have exclusive use and possession of the marital home until the youngest child reached the age...

Dissolution, Adoption, and Jurisdiction: Fourth DCA Holds Family Court Retained Jurisdiction Despite Separate Adoption Order Terminating Father’s Rights

Baudanza v. Baudanza Case No. 4D10-4068 The parties divorced in 2006 and Former Husband was ordered to pay child support pursuant to the parties’ Marital Settlement Agreement. Former Wife later remarried, and the parties agreed to a modification whereby Former Husband would pay half of the original child support amount and Former Wife’s new husband would...

Extended Turkish Vacation: Fourth DCA Affirms Trial Court’s Exercise of “Home State” Jurisdiction to Make Custody Determination Despite Children’s Absence From Florida for Seven Months

Sarpel v. Eflanli, 4D09-4828 & 4D10-3146 June 1, 2011 The Fourth District recently addressed a trial court’s jurisdiction to make a custody ruling under the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”). The father had Turkish and American citizenship, and the mother was a Turkish citizen. The family members were longtime residents of Florida. On...