Does the federal 25% garnishment cap apply to alimony from an incorporated settlement agreement? No, the Fourth DCA says
Can a child’s willingness decide whether a parent gets timesharing? No, the Third DCA says
A Florida trial court cannot make a parent’s court-ordered time with three children depend on whether the oldest child is willing to take part. The Third…
Read more →Can a judge change timesharing on a contempt motion while a modification petition is pending? Not on these facts, the Fourth DCA says
A trial court erred when it changed a child’s primary residence in an interim order where the father’s petition to modify the parenting plan was pending,…
Read more →Does a new spouse’s payment of household bills count as income for child support? Not here, the Fourth DCA says
A parent’s new spouse paying the mortgage and household bills is not, by itself, “income” to that parent for child support, the Fourth District Court of…
Read more →Does the Indian Child Welfare Act require proof beyond a reasonable doubt for every finding that ends parental rights? No, the Florida Supreme Court says
When a Florida court terminates a parent’s rights to an Indian child, the Indian Child Welfare Act’s “beyond a reasonable doubt” standard applies to the Act’s…
Read more →Divorce Judgment Inconsistent With Its Parenting Plan and Silent on Mortgage Liability Is Partly Reversed, Fifth DCA Rules
Janosky v. Janosky · No. 5D2025-1404 (Fla. 5th DCA) · Decided October 9, 2026 More analysis may follow as additional information is received and reviewed. Sign…
Read more →Not Naming a Child at Birth or Changing the Name in the First Year Doesn’t Bar a Later Name-Change Petition, Fourth DCA Rules
Paul v. Michel · No. 4D2025-3854 (Fla. 4th DCA) · Decided October 7, 2026 More analysis may follow as additional information is received and reviewed. Sign…
Read more →Giving a spouse sole authority to hire a realtor isn’t ‘possession’ of the house, Sixth DCA rules
A family court order letting a wife pick the realtor for the marital home, without her husband's signature, doesn't hand her immediate possession of the property…
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