Miami Family Lawyer, Gil Izquierdo, Esq., can provide you with a number of useful services including divorce –contested and uncontested, adoptions, dependency cases (involving Florida Department of Children and Families), mediations, domestic violance injunctions, paternity actions, and child support cases.
Read MoreIn a 1st. District appellate ruling, a Family Law Trial Court decision, prospectively determining that an alimony award would cease upon the Wife’s receiving her share of her Husband’s retirement plan, was reversed. A trial court cannot provide for a future modification of alimony at the trial stage of the divorce.
Gilberto R. Izquierdo, Esq. Your Miami Family Law Lawyer
On St. Patrick’s Day, a Central Florida Family Law trial court’s ruling regarding equitable distribution of family/marital assets was reversed reasoning that a Wife’s withdrawal of money from a joint marital bank account on the basis that such withdrawn asset was used by her out of necessity for reasonable living expenses and to maintain hercustomary standard of living. Therefore, the withdrawn monies could not be assigned to her in the Family Law Court’s equitable distribution scheme. The exception would be if she maxed out the joint credit card on a St. Patty’s Day drinking binge.
Gilberto R. Izquierdo, Esq., your Miami Family Law Lawyer
Last month, a judgment simply reducing alimony a Former Husband’s alimony obligation, instead of terminating it altogether, where it was shown that she made more money than him. There was no justification for a continued alimony award under the current circumstances.
Gilberto R. Izquierdo, Esq.-Your Miami Family Law Lawyer
A Volusia County, Florida Family Law Trial Court based it’s decision to award a Wife $1,530,000.00, on a letter of intent (not a contract, closing document, etc.) from a now defunct company, proposing the purchase of the family business for $3,000,000.00. This was not enough quality evidence to prove that the business was worth the 3 mil. The only appropriate action was to split the stock of the business. The Husband, thus, won his appeal of the equitable distribution decision of the Volusia County, Florida Family Law Trial Court.
Gilberto R. Izquierdo, Esq. Your Miami Family Law Lawyer
In this case, the Appellate Court for Seminole County allowed a Mother to move to Michigan from Florida. Reason: neither the Dad, nor his lawyer filed a timely objection to the Mom’s Notice of Relocation. I guess his lawyer did not research Florida Family Law Statute 61.13001. Another mistake, he did not hire-
Gilberto R. Izquierdo, Esq., your Miami Family Lawyer
A higher court threw out a domestic violence injunction imposed by a Broward Judge on the Petitioner’s Ex-husband because the only allegations of violence and threats allegedly occurred three years before the petition for the injunction was filed. Since then, the parties were divorced by a Florida family law court, and only had contested issues related to time sharing and visitation (clearly family court issues) and not domestic violence. The Mother in this case failed to show that she has a reasonable fear of imminent domestic violence.
Gilberto R. Izquierdo, Esq., Your Miami Family Lawyer
The Palm Beach Appellate Court ruled that it was wrong for a Florida Family Law Division Court to impose a charging lien for the recovery of attorney’s fees in a divorce case, while the underlying divorce case had yet to be finalized by a final Judgment. The imposition of the charging lien was premature.
Gilberto R. Izquierdo, Esq., Your Miami Family Lawyer
The 1st. District ruled that Florida was not the home state of a child that never resided in Florida (duh!) and that no Florida Family Court, including a Miami Family Law Division Court, could make a custody determination over a child that resided somewhere else for the six month period before the Father (a Florida resident) filed for divorce in a Florida Family Law Court.
Gilberto R. Izquierdo, Esq., your Miami Family Lawyer
The 2nd Distrcit rejected an appeal of a judgment ordering a Husband to pay temporary attorney’s fees because there wasn’t a court reporter present at the hearing in which the Family Law Division Court made it’s decision, therefore, a conclusion that the trial court made a judgment not supported by the evidence could not be made because there was no record of the proceedings or the evidence upon which the judgment was made. However, the portion of that same judgment ordering the payment of other attorney’s fees (non-temporary) was successfully appealed due to the fact that the judgment was erroneous on it’s face because it lacked the adequate findings justifying the amount of the award, despite the fact that there was no court reporter present.
Gilberto R. Izquierdo, Esq., Your Miami Family Lawyer
A Wife’s appeal of a Hillsborough County Divorce Order granting a demand for attorney’s fees, yet reserving it’s decision on the actual amount to be paid, was rejected. Why: the issue of the award of attorney’s fees was not ripe for appeal until the lower Family Law Division Court made a determination on the amount of attorney’s fees to be paid. Can you say “common sense”
Gilberto R. Izquierdo, Esq.