Smith Family Law Firm Case Law Update: Week of November 6, 2017
Shaleesh v. Shaleesh: Florida 3rd DCA, November 8, 2017:
Trial court’s decision to allow a temporary suspension (a non-final order) of the parties’ timesharing plan was upheld. In order to obtain a temporary custody modification, the moving party must satisfy a two-part test by establishing through competent, substantial evidence that (1) there has been a substantial or material change in circumstances and (2) the modification is in the best interest of the child involved. Here the mother testified and the minor child underwent an in camera interview.
Brady v. Brady: Florida 5th DCA, November 9, 2017:
Trial court’s judgment was remanded because a) alimony was incorrectly calculated on the parties’ gross incomes as opposed to their net incomes, b) while insurance may be necessary to secure an award, the judgment did not include the findings necessary as to insurability, affordability, and whether appropriate circumstances existed to require said insurance and c) the award of attorney’s fees did not include a finding of need, ability to pay, and factual findings to justify the award (such as reasonable number of hours and reasonable hourly rate).
Posted by Roy Smith on Nov 13th 2017
