Florida Family Law Financial Affidavits, Alimony and Holiday Time Sharing
In Mills v. Johnson, 39 Fla. L. Weekly D1569 (Fla. 2nd DCA 2014) the Court reversed an alimony award which required a Husband to have a monthly deficit and reversed the Court's time sharing plan that did not include a holiday time sharing schedule for the father.
If I have a monthly deficit can the Court order me to pay alimony?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.
Am I entitled to Holiday Time-Sharing?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." (quoting Todd v. Guillaume-Todd, 972 So. 2d 1003, 1006 (Fla. 4th DCA 2008).