45 Fla. L. Weekly D538a Dissolution of marriage — Equitable distribution — Unequal distribution — Record was clear that trial court intended unequal distribution of assets and provided reasons for the unequal distribution — However, trial court failed to identify value of marital home, how proceeds of sale of home were to be apportioned, and […]
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Child custody — Timesharing — Modification — Evidence supported trial court’s finding that there had been substantial, material, and unanticipated change in circumstances and that modification of timesharing was in best interests of child — Order modifying timesharing was not rendered insufficient for failing to provide mother with specific steps to regain timesharing — Section 61.13(3) neither authorizes nor requires trial court to set forth the specific steps necessary to reestablish timesharing — Conflict certified
45 Fla. L. Weekly D516a Child custody — Timesharing — Modification — Evidence supported trial court’s finding that there had been substantial, material, and unanticipated change in circumstances and that modification of timesharing was in best interests of child — Order modifying timesharing was not rendered insufficient for failing to provide mother with specific steps […]
Dissolution of marriage — Attorney’s fees — Settlement agreement — Trial court erred in denying former wife’s request for attorney’s fees where former wife was prevailing party in her action to enforce marital settlement agreement, and agreement provided that the unsuccessful party in such an action would be responsible for the attorney’s fees and costs of both parties
45 Fla. L. Weekly D520a Dissolution of marriage — Attorney’s fees — Settlement agreement — Trial court erred in denying former wife’s request for attorney’s fees where former wife was prevailing party in her action to enforce marital settlement agreement, and agreement provided that the unsuccessful party in such an action would be responsible for […]
Dissolution of marriage — Child custody — Modification — Change in circumstances — Domestic violence — No error modifying timesharing of parties’ minor child — Competent, substantial evidence supported trial court’s finding that there was a substantial change in circumstances based upon unforeseen and disturbing incidents of domestic violence between former husband and his current wife — Although record did not support factual findings that minor child hid and called 911 during one incident or that incidents were fueled by alcohol, former husband and current wife’s testimony provided ample support for determination that former husband had exposed child to domestic violence and tried to conceal the incident from former wife by telling child to keep the matter a secret — Sole parental responsibility — Education — Error to award sole responsibility for child’s education to former wife where there was no finding that shared parental responsibility was detrimental to child
45 Fla. L. Weekly D525a Dissolution of marriage — Child custody — Modification — Change in circumstances — Domestic violence — No error modifying timesharing of parties’ minor child — Competent, substantial evidence supported trial court’s finding that there was a substantial change in circumstances based upon unforeseen and disturbing incidents of domestic violence between […]
Dissolution of marriage — Marital settlement agreement — Indemnity — Hold harmless agreement in marital settlement agreement is a form of an indemnification agreement, and family court erroneously misinterpreted hold harmless provision as a prevailing party attorney’s fee provision — Duty to indemnify is enforceable regardless of whether indemnitee prevails — Hold harmless agreement required husband to indemnify wife for her expenditures in defending her alimony and attorney’s fees award in separate litigation seeking to satisfy husband’s personal debt
45 Fla. L. Weekly D503a Dissolution of marriage — Marital settlement agreement — Indemnity — Hold harmless agreement in marital settlement agreement is a form of an indemnification agreement, and family court erroneously misinterpreted hold harmless provision as a prevailing party attorney’s fee provision — Duty to indemnify is enforceable regardless of whether indemnitee prevails […]