Fifth District Affirms Child Support Award for Couple Living Together

The Fifth District Court released its opinion today in McKee v. Sinco, in so doing affirming the lower court’s award of support despite the fact that the child’s parents had not separated and were still living together, on the basis that the support, rather than set by the guidelines, was merely a proportionate division of daycare, health insurance, and extracurricular costs.  The appeal of this award was specifically found to be frivolous by the Fifth District Court of Appeals.

Second District Reverses Imputation for Insufficient Findings

In Torres v. Torres the Second District Court reversed the lower court’s imputation of income on Tuesday, finding that there were insufficient findings to support the imputation of income to the Husband in that case.  While the Wife testified that the Husband could work for his previous employer, the Court cited Burkley v. Burkley, 911 So.2d 262, 269 (Fla. 5th DCA 2005) for the proposition that “[M]ere allegations of employability do not constitute competent, substantial evidence for imputing income.”  Of note is the fact that, while no exception was taken to the Magistrate’s imputation, the error was found to be evident on the face of the ruling, and thus subject to appeal.

Fourth District Affirms Dismissal of Determination of Paternity Under UCCJEA

The Fourth District Court ruled today in Schaffer v. Ling that the lower court properly dismissed that action for determination of paternity, despite the child’s conception in Florida, as Florida was not the child’s home state under the Uniform Child Custody Jurisdiction and Enforcement Act.  This was the case, the Court ruled, because the putative father had sought timesharing and parental responsibility in addition to the determination of paternity.  The Fourth District distinguished this case from Sanchez v. Fernandez, 915 So.2d 192 (Fla. 4th DCA 2005), in which the custody of and timesharing with the child was not at issue.

Lower Tribunal Reversed for Lack of Findings as to Pension

The Fifth District Court issued an opinion yesterday in Coleman v. Bland in which the majority of issues raised were affirmed, but reversal was required due to the Court’s failure to make findings as to the marital or non-marital nature of a pension plan which, per the record, appeared to have at least some marital portion.

First District Reverses Non-Support IDO

The First District Court today reversed a lower tribunal’s non-final order entered in a dissolution of marriage action in Achurra v. Achurra, an income deduction order which required the Husband to replenish the children’s pre-paid college accounts by deductions from his income.  In short, the IDO was not for support, and as such was not statutorily justified.

Fourth District Details Nature of Separate Acts of Violence

The Fourth District Court today issued an opinion in Levy v. Jacobs in which the issue appealed centered around whether a five minute break in between two acts of violence constituted one act or two.  The Court made clear that separation in time and place was all that was necessary, and affirmed the injunction.

Fifth District Refuses to Substitute Judgment for Trial Court’s In Domestic Violence Petition

In Deale v. Deale the Fifth District Court issued an opinion today affirming the lower court’s refusal to issue an injunction against domestic violence in a case where allegations were made including over 100 phone calls a day and a stolen car.  While the Fifth District agreed with the Appellant that evidence was presented, the lower tribunal was not persuaded, and the Fifth DCA refused to substitute its own judgment for that of the lower court.