Tag Archives: husband

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

By Robin Bresky |

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,… Read More »

Law Offices of Robin Bresky Defeats Motion for Relinquishment of Jurisdiction

By Robin Bresky |

Law Offices of Robin Bresky Defeats Motion for Relinquishment of Jurisdiction In an appeal by a Former Husband who took his Former Wife’s jewelry and artwork, the Former Husband moved the Fourth District Court of Appeal to relinquish jurisdiction to the trial court. He argued that the trial judge should have an opportunity to… Read More »

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

By Robin Bresky |

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… Read More »

Burden of Proof on the Party Asserting a Nonmarital Value to a Marital Residence

By Robin Bresky |

Konz v. Konz, 4D09-4454 June 1, 2011 The Fourth District addressed an issue of valuation regarding a marital residence during a dissolution of marriage proceeding.  At the time of the marriage, appellant, husband owned a home that had a fair market value of $380,000 with a $25,000 mortgage.  During the marriage, the home was… Read More »