First District Court Reverses Lump Sum Award and Denial of Permanent Periodic Alimony

The First District Court released an opinion today in Sellers v. Sellers in which the lower tribunal was reversed both for denying permanent periodic alimony and for evidently granting lump sum alimony instead in the form of the Husband’s share of the marital home.  No findings were made justifying the lump sum alimony, and after a long term marriage in which the Wife had not worked in fourteen years the Wife appeared to be entitled to permanent periodic alimony.  Both rulings were found to be interrelated, and both were reversed as such.

Relocation Insufficient to Warrant Custody Modification

The First District Court ruled today in Ragle v. Ragle, reversing the lower court’s modification of custody based on the primary parent’s relocation to another county and alleged interference with contact and timesharing, in that neither is sufficient cause to modify, and in that there was no finding that the move would be better for the minor child.

1st District Court Reverses Equitable Distribution and Alimony

In their opinion issued today in Vanzant v. Vanzant, the First District Court of Appeal reversed an Amended Final Judgment issued by the lower court for providing for an unequal distribution of marital assets without explanation, for using gross, rather than net income to determine child support and alimony, for failing to offer an explanation for a business valuation, and for other reasons.

2d DCA Reverses Equitable Distribution, Uncovered Medical Expense Division, and Denial of Fees

The Second District Court of Appeal reversed the ruling below in its opinion in Tummings v. Francois today, finding that the lower tribunal erred in including credit card charges from after the date of filing in the equitable distribution, in dividing uncovered medical expenses according to percentage of overnight timesharing rather than percentage of income available for support, and in denying fees to the Father despite a significant disparity in income.

Past Ability to Pay Not Enough for Criminal Contempt, Says Third District

The Third District Court of Appeal issued an opinion in Keeler v. Keeler today, reversing a lower tribunal’s order holding the Former Husband in indirect criminal contempt for non-payment of support.  The lower tribunal’s ruling was based on the Former Husband’s past ability to pay and contained no separate affirmative finding of present ability to do so, warranting reversal.

Fourth DCA Sets Standards for Enforcement of Unapproved Stipulations

The Fourth District Court ruled today in Comstock v. Comstock, and in part clarified the enforceability of post-judgment agreements of the parties which are not approved by the Court.  In essence a distinction was drawn between agreements affecting child support and custody, which require approval before enforcement, and agreements affecting purely financial issues, which do not.

Equitable Distribution and Alimony Rulings Reversed by Fourth District Court of Appeal

The Fourth District Court issued an opinion today in Bell v. Bell, reversing as to two of the Wife’s three issues on appeal.  In short, the Court found error in the lower tribunal’s failure to include over $600,000.00 in receivables in the equalizing payment due to the Wife, and in that court’s failure to make findings of fact supporting the denial of bridge-the-gap alimony.