Tag family law appeal

Pension Problem: Marital Asset?

by Admin in Family Law Appellate
March 24, 2019March 24, 2019

By Janelle A. Weber, March 23, 2019 Is a pension a marital asset subject to equitable distribution? It depends on when it was acquired. In the case I'm discussing this ...

In this week’s family law appellate blog, the First District Court of Appeal reversed the trial court for miscalculating the child support owed by a father who is on active duty in the United States Army. The case is Knapp v. Knapp, Case No. 1D17-2869 (filed Feb. 28, 2019). Child Support Error In the trial court, the father testified that he is guaranteed only 30 days of leave per calendar year but would have additional days when not deployed overseas. He was to deploy soon. The final judgment ordered timesharing during the father’s 30 days of leave and ordered that he should make best efforts to take his leave while the children are not in school. In addition to dividing time between the parents during school breaks, the trial court found that the father would receive additional leave days from “time to time” when not deployed, and the parties should work together to allow timesharing during these times. The trial court calculated child support on the basis of the children spending 120 overnights with the father and 245 with the mother. The mother argued that basing child support on the father spending 120 overnights with the children was unsupported by his testimony, as well as the

Miscalculation of Child Support Owed by Active Duty Military Parent

by Admin in Family Law Appellate
March 18, 2019March 18, 2019

In this week’s family law appellate blog, the First District Court of Appeal reversed the trial court for miscalculating the child support owed by a father who is on active ...