In Florida Family Law Cases we always file a Family Law Financial Affidavit (for the short form affidavit: http://www.flcourts.org/core/fileparse.php/293/urlt/902b.pdf and for the long form affidavit: http://www.flcourts.org/core/fileparse.php/293/urlt/902c.pdf). These affidavits are very useful in determining the marital estate to be divided in equitable distribution and for determining the need and ability to pay for alimony purposes.
Florida Family Law Financial Affidavits are very important and should be taken very seriously by the parties. In one recent Second District Court of Appeal case the Appellate Court relied on the Husband’s financial affidavit in reversing the trial Court’s approval of alimony.
The Appellate Court found that based on the the Husband’s financial affidavit he had a deficit and therefore did not have the ability to pay the alimony awarded by the trial court. In that case the Husband had a net monthly income of $3,380.41 with a deficit of almost $500.00 per month and pursuant to her financial affidavit the Wife had a net income of $1,245.00 per month and a deficit of almost $2,000 per month. The Court also found that the parties lived beyond their means as evidenced by credit card debt and that both parties had a monthly deficiency.
In the same case, the Appellate Court also reversed the trial court’s failure to order holiday time sharing.
Where visitation is ordered, the non-custodial parent’s right to the child on rotating holidays has become so routine and necessary to to deny it requires factual findings justifying that decision.” Todd v. Guillaume-Todd, 972 So. 2d 1003, 1006 (Fla. 4th DCA 2008).
Whenever there are alimony or child issues in a family law case it is highly advisable to obtain the assistance of a licensed family law attorney.
See, Mills v. Johnson, 39 Fla. L. Weekly D1569 (Fla. 2nd DCA 2014).
Dustin Michael Butler is an Attorney with Martin Law Firm, P.L., whose practice focuses in Family Law, Civil Litigation, and Estate Planning. He is admitted to practice law in the State of Florida and the Federal Court for the Middle District of Florida. He primarily practices in Lee County Florida in Cape Coral and Fort Myers, Florida.