Equitable Distribution Law Update: Appeals Court Applies Kaaa v. Kaaa
The divorce lawyers of Nugent & Zborowski practice all areas of family law in West Palm Beach, Florida. The firm also handles alimony, child support, custody and equitable distribution cases in West Palm Beach, Boynton Beach, Palm beach Gardens, Boca Raton, Jupiter and Stuart.
The Palm Beach and Martin County matrimonial and family law attorneys of Nugent & Zborowski recently observed the October 22, 2010 opinion of the 5th District Court of Appeal in Leider v. Leider, 35 Fla. L. Weekly D2332b (Fla. 5th DCA Oct. 22, 2010).
In Leider, the appeals court had issued an opinion before the Florida Supreme Court ruled in Kaaa v. Kaaa, 35 Fla. L. Weekly S521a (Fla. Sept. 30, 2010). In light of the Florida Supreme Court’s ruling, the Leider court issued a substitute opinion that sheds light on how Kaaa v. Kaaa may be interpreted going forward.
The Leider court held that “funds spent for repairs were not improvements that contributed to the value appreciation of the house…we reverse the part of the final judgment awarding the wife $27,481 as a marital asset and remand for further proceedings consistent with Kaaa.”
The Leider decision seems to be in line with many of the federal tax code provisions that delineate between repairs and improvements on real property, although it remains to be seen whether other district courts will agree with the Fifth District Court of Appeal’s conceptual notion that repairs made to property using marital funds do not create a marital asset subject to equitable distribution.
Click here to read the full text of the court’s opinion in Leider v. Leider.
It is important to consult with an experienced divorce lawyer about how Florida’s equitable distributionlaws apply to your case. For more information, call 561.844.1200 or click here and speak to an attorney with the Law Offices of Nugent & Zborowski about how Florida’s equitable distribution laws will apply to govern the distribution of your assets upon divorce.
The attorneys of Nugent & Zborowski exclusively handle Divorce & Family Law matters in and around West Palm Beach and Palm Beach County, Florida, and also handle divorce, paternity and modification of alimony and child support cases in the vicinity of Palm Beach, North Palm Beach, Palm Beach Gardens, Lake Worth, Stuart, Royal Palm Beach and Jupiter. For more information or to schedule a consultation call (561) 844-1200 or visit the firm’s website, www.nugentlawfirm.com.
First DCA Holds Adjudication of Paternity is Not a Basis for Changing Last Name of Child
The West Palm Beach divorce attorneys of Nugent & Zborowski practice all areas of divorce and family law in West Palm Beach, Florida. The firm also handles paternity and modification of alimony and child support and child custody cases in Stuart, Palm Beach Gardens, Lake Park and Jupiter.
The West Palm Beach divorce and family law lawyers of Nugent & Zborowski recently observed the September 13, 2010 opinion of Florida’s First District Court of Appeals in the case of Hutcheson v. Taylor, 35 Fla. L. Weekly D2051c (Fla. 1st DCA, Sep. 13, 2010). In Hutcheson, the parties were involved in a paternity lawsuit involving a child born outside of a marriage. The father asserted that the child’s name should be changed to include his last name because (1) the mother would soon be married and have a name change herself and (2) not changing the child’s name might eventually send the child a negative message regarding the mother’s attitude about the father-daughter relationship.
The trial court granted the father’s request for a name change and ordered the child’s last name to be a hyphenated combination of both parents’ last names, in alphabetical order. The Hutcheson court reversed, citing that a child’s name may only be modified when the record affirmatively shows the change is required for the welfare of a the child and the trial court’s order changing the name was made based only upon speculative arguments made by the father and not evidence establishing the change would be in the child’s best interest.
To read the full text of the court’s opinion in Hutcheson click here.
For more information, call 561.844.1200 and speak to an attorney with the Law Offices of Nugent & Zborowski about how Florida’s standards relating to child custody and support apply to your West Palm Beach paternity action.
The attorneys of Nugent & Zborowski exclusively handle Divorce & Family Law matters in and around West Palm Beach and Palm Beach County, Florida, and also handle divorce, paternity and modification of alimony and child support cases in the vicinity of Palm Beach, North Palm Beach, Palm Beach Gardens, Lake Worth, Stuart, Royal Palm Beach and Jupiter. For more information call (561) 844-1200 or visit the firm’s website, www.nugentlawfirm.com.