Blog

Author: Paul E Rice, Jr. - Board Certified Divorce Attorney

Paul Rice, a current board member at the Ormond Beach Family YMCA, attended the annual Silent Auction fundraiser September 23, 2017 at the home of Chris and Charlie Lydecker.
The old adage that “you get what you pay for” is never more true than in the legal field. And, while I’m on old adages, don’t forget that Abraham Lincoln is credited with saying that “a lawyer’s time and advice are his stock in trade.” In other words, all that we lawyers have to sell is our time and advice.
Every time another child is injured by a motorist on our beach, beach driving advocates, including the Sons of the Beach, blame the parents for not better supervising their children. Maybe we should prohibit children from playing on the beach, or require each child to be accompanied by at least two adults (one to push the child into a wave on her boogie board and the other to catch her on the shore before she gets run over by some yahoo).
A Florida District of Appeal Court recently upheld a trial court’s final judgment of dissolution of marriage requiring the husband, who was in prison, to pay child support. The trial court evidently imputed income to the incarcerated parent based upon his previously established earning ability.
Despite consensus between the Florida Bar’s Family Law Section and alimony reform advocates, it’s unlikely that Florida’s alimony laws will be overhauled this year. The Florida legislature twice sent reform legislation to Governor Rick Scott, who vetoed both efforts in 2014 and 2016.
Bills have been filed in both the Florida House and Senate to again attempt to “reform” Florida’s alimony laws. Florida lawmakers twice sent reform legislation to Governor Rick Scott who vetoed both efforts in 2014 and 2016. The 2014 veto was due to a retroactive provision which the Governor and others felt would have harsh consequences for needy alimony recipients.
Divorce can be acrimonious. Spouses often wrestle over who gets the family home, the timeshare in the Keys or even the big screen TV. But, what about the family dog or cat? If the parties are going to split custody of the kids, then why not share the family pet.
In an opinion issued on September 16, 2016, the Fifth District Court of Appeal rejected a husband’s claim that he should not be required to pay alimony due to his wife’s adulterous behavior. The Appellate Court, based in Daytona Beach, Florida, reasoned that while a trial court may consider evidence of adultery, such consideration would depend on the circumstances of a particular case.
1. Is my retirement account a marital asset? Answer: Any contributions to a retirement account during marriage together with the increased value of those contributions due to market gains are considered a marital asset. The fact that the account is just in one spouse’s name and further that the contributions were made by the employee spouse or his or her employer does not affect the marital character of this account.
The parties, who are both Jewish, divorced in 2011. In 2015, the former husband moved to hold his ex in contempt for enrolling their children in an Orthodox Jewish aftercare program in violation of their shared parenting agreement, which required the parties to share in making such major decisions.