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...

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...

Paid In Full? Fourth DCA Holds Former Husband’s Settlement of Debt For Less Than Full Amount Sufficient Where Marital Settlement Agreement Failed to Specify Debt Amount

Cunha v. Cunha, 4D11-1892 The parties’ marriage was dissolved by a final judgment that incorporated a marital settlement agreement (“MSA”). The MSA gave the former husband the responsibility for paying a certain specific debt to a creditor, although the MSA did not specify the amount of that debt. The former wife filed a motion for...

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’...

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....

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...