Family Law

Dissolution of marriage -- Alimony -- Modification -- Change in circumstances -- Improvement in former wife's financial position due to increased income -- Trial court's finding of no substantial change of circumstances is inconsistent with findings concerning former wife's income and expenses -- Remand for reconsideration

TALBERT JOHN WOOD, Appellant, v. MARGARET BLUNCK, Appellee. 1st District.

Dissolution of marriage -- Contempt -- Counsel -- Disqualification -- Trial court departed from essential requirements of law by disqualifying former husband's attorney, who was his current wife, from representing him in post-judgment proceedings on ground that counsel would be material witness to issues raised in contempt proceedings where order was not limited to counsel's participation during contempt hearing -- Appellate attorney's fees awarded as sanction based on finding that wife's counsel transformed matter into unnecessary and protracted controversy by failing to acknowledge clear and unambiguous controlling law directly adverse to client's position

GARY LIEBERMAN, Petitioner, v. KAREN B. LIEBERMAN, Respondent. 4th District.

Dissolution of marriage -- Contempt -- Failure to comply with parenting plan -- No abuse of discretion in finding former wife in contempt for interfering with parenting plan based on evidence that she actively participated in sons' refusal to stay at former husband's home for his visitation, failed to bring children to former husband's home for visitation, as required by plan, and scheduled social events for children on former husband's time-sharing evenings, in violation of plan -- Evidence supported finding that wife had ability to comply and that her failure to comply with visitation was willful -- Although trial court had authority to order wife to obtain psychological counseling, requirement that she continue with therapy until she was able to convince children to have loving relationship with father was vague and too broad to be enforced -- Attorney's fees -- No error in ordering wife to pay attorney's fees and expert's fees incurred in enforcing parenting plan -- No merit to wife's claim that trial court simply adopted former husband's proposed order

LORI A. FORD, Appellant, v. MICHAEL WITHERS FORD, Appellee. 4th District.

Dissolution of marriage -- Child support -- Private school expenses -- Because children attend a charter school that is considered a public school, provision of final judgment requiring former wife to pay private school expenses for children to be corrected to reflect that children's school is a public one -- Trial court may continue to require that former wife pay all required expenses imposed by any school parents choose children to attend -- Life insurance -- Order requiring former wife to maintain life insurance policy with former husband and children as equal beneficiaries to be clarified to state whether the life insurance is to secure alimony or child support -- Without special circumstances, it is error to require spouse to maintain life insurance for purpose of securing alimony award.
DAREN ANTHONY BUSCIGLIO, Appellant/Cross-Appellee, v. LINDELL ALONSO BUSCIGLIO, Appellee/Cross-Appellant. 2nd District.

Injunctions -- Protection against domestic violence -- Evidence did not support issuance of injunction to prevent contact between mother and her daughter -- Unsubstantiated statements by father were insufficient to support finding that daughter is a victim of domestic violence or is in reasonable fear of becoming a victim of domestic violence -- Expert's testimony did not provide competent, substantial evidence to support issuance of injunction where expert was never properly qualified as an expert in relevant area of domestic violence and his testimony was based entirely on hearsay statements allegedly made by daughter.
LAURA L. BRILHART, Appellant, v. BRYAN THOMAS BRILHART, on behalf of S.L.B., a minor child, Appellee. 2nd District.

Child support -- Modification -- Error to reduce child support obligation where obligor did not establish that a substantial change in circumstances had occurred.
DEPARTMENT OF REVENUE O/B/O MARIELENA SCIBELLI, Appellant, v. ADAM R. GARMON, Appellee. 5th District.

Dependent children -- Trial court abused discretion by denying non-offending father's motion for reunification and awarding permanent guardianship and placement with maternal grandparents -- Record does not support finding that father abandoned children or that father failed to complete case plan for which he was given no tasks -- Record does not support conclusion that transitional reunification with father would endanger health, safety, or well-being of children.
In the Interest of A.K., J.K., and B.K., minor children. B.K., Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES and GUARDIAN AD LITEM PROGRAM, Appellees. 2nd District.

Dissolution of marriage -- Child support -- Modification -- Where former husband's request for child support was denied, and former wife agreed to continue paying for child's private school tuition, it was error to fail to order that former husband is no longer responsible for half of child's private school tuition.
ROBERT VALENTA, Appellant, v. LINDA VALENTA, Appellee. 2nd District.

Dissolution of marriage -- Error to modify existing child support order where there was no request for modification and no appropriate factual findings.
ALICE LASHONDA SANFORD, Appellant, v. ERICK LASHAUN DAVIS, Appellee. 1st District.

Contempt -- Direct criminal -- Dissolution of marriage -- Failure to appear in court is punishable by direct criminal contempt under rule 3.830 and may be adjudged concurrently in a civil proceeding -- Question certified whether a party who is ordered by a trial court to appear at a scheduled hearing, but fails to do so, may be found in direct criminal contempt under Florida Rules of Criminal Procedure 3.830; or whether such conduct should be addressed as indirect criminal contempt under Florida Rules of Criminal Procedure 3.840? -- Trial court erred in holding former husband in direct criminal contempt for failure to appear at contempt hearing without finding that husband had been notified that he was required to attend but failed to do so without excuse -- Double jeopardy -- Reinstitution of direct criminal contempt proceedings on remand is prohibited where original criminal contempt conviction was based on insufficient evidence
ALEX DIAZ DE LA PORTILLA, Appellant, v. STATE OF FLORIDA, Appellee. 1st District.

Dissolution of marriage -- Contempt -- Failure to pay temporary spousal support -- Written contempt order does not comport with requirements of Family Law Rules of Procedure in that it lacks an express finding that husband failed to comply with temporary relief order, does not articulate the facts supporting the conclusion that the husband had the ability to comply with that order, and lacks a separate, affirmative finding that husband had the present ability to comply with the purge -- Remand for further proceedings
ROCCO JAMES NAPOLI, Appellant, v. SUSAN CAMPBELL NAPOLI, Appellee. 4th District.

Dissolution of marriage -- Equitable distribution -- Trial court abused discretion by including in equitable distribution scheme furniture that belonged to husband before marriage -- Trial court abused discretion by including diminished credit union account in equitable distribution scheme without finding that husband had used assets improperly -- Trial court erred in excluding from equitable distribution the amounts parties paid down on the mortgage as a marital asset -- When marital assets are used during marriage to reduce the mortgage on non-marital property, the increase in equity is a marital asset subject to equitable distribution -- Child support -- Trial court abused discretion in awarding retroactive child support to wife without deducting amount that husband had paid for children's health insurance premiums -- Trial court abused discretion by determining amount of husband's child support obligation without imputing income to him where husband had voluntarily retired from his employment
JAMES E. BALLARD, HUSBAND, Appellant, v. MELISSA G. BALLARD, WIFE, Appellee. 1st District.

Injunctions -- Bond -- Where Florida court acted in an ancillary role by enforcing injunction issued in dissolution of marriage action by court in foreign country without requiring bond, Florida court was not obligated to require the posting of bond pursuant to Rule of Civil Procedure 1.610(b)
JORGE RAUL CERMESONI, Appellant, v. CAROLINA CERMESONI MANEIRO, Appellee. 3rd District.

Child support -- Error to base child support findings exclusively on mother's child support guidelines worksheet where worksheet was not admitted into evidence and was not stipulated to by father
JUSTIN EDWARD JOHNSON, Appellant, v. SAMANTHA NICOLE MCCULLOUGH, Appellee. 4th District.
Child support -- Paternity -- Income -- Error to include child support mother received on behalf of child born from a prior relationship when calculating mother's net income
TRISTA ANNE BOWER, Appellant, v. WADE PATRICK HANSMAN, Appellee. 5th District.

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