CopyCited 53 times | Published | Supreme Court of Florida
...p. 382) "At the outset we must recognize that there is a vast difference between a contract made in the market place and one relating to the institution of marriage." This suit is for "alimony unconnected with divorce" (dissolution) under Fla. Stat. § 61.09 (1969)....
...en, just as in non-antenuptial cases, the husband need not provide temporary alimony. Similarly, suit money and attorney's fees turn on the wife's relative ability at the time of suit. Raley v. Raley,
50 So.2d 870, 872 (Fla. 1951); former Fla. Stat. §
61.09 now §
61.16, F.S.A....
CopyCited 26 times | Published | Florida 5th District Court of Appeal
...Summary Judgment is GRANTED and cause is DISMISSED, without prejudice to the recipient of the obligation to seek enforcement in a separate action. See: Kern v. Kern,
360 So.2d 482 (4 DCA 1978). DONE AND ORDERED in Chambers at Orlando, Florida, this 8th day of September, 1980. [3] See §
61.09, Fla....
CopyCited 25 times | Published | Supreme Court of Florida | 2005 WL 1529936
...is wife because that was how Florida law described this obligation at the time Belcher was decided.
271 So.2d at 8-9. The statute has since been revised to require either spouse to support the other, see ch. 71-241, ch. 95-147, Laws of Fla; see also §
61.09, Fla....
CopyCited 16 times | Published | Florida 3rd District Court of Appeal
...This pleading was captioned as a motion to alter or amend judgment although the allegations thereof are silent with respect thereto. After oral argument of counsel, the trial court denied same. In December 1974, Elaine moved to amend her complaint to seek as additional relief alimony unconnected with divorce pursuant to § 61.09, Fla....
CopyCited 16 times | Published | Florida 2nd District Court of Appeal | 30 Fla. L. Weekly Fed. D 453
Minn.Stat. § 169.71(1) (2001); Mont.Code. Ann. § 61-9-405(2)(b) (2003); Wyo. Stat. Ann. § 31-5-955(a)
CopyCited 15 times | Published | Supreme Court of Florida | 20 Fla. L. Weekly Supp. 581, 1995 Fla. LEXIS 1953, 1995 WL 689537
...DISSOLUTION OF MARRIAGE $ If your spouse fails to provide you and your child(ren) with support, you can ask the court to order that person to pay alimony and/or child support without requesting a dissolution of marriage. For further information, see § 61.09, Florida Statutes....
CopyCited 14 times | Published | Supreme Court of Florida | 2003 WL 1922661
...to continue making payments toward his debt. See Friedman v. Friedman,
508 So.2d 781 (Fla. 4th DCA 1987). The above policy will result in the most equitable and fair outcome for all concerned. Parents have a legal duty to support their children. See §
61.09, Fla....
CopyCited 13 times | Published | Supreme Court of Florida
...There is no showing that the legislature intended to change the case law definition of head of family to expand the homestead restriction to devises made by an owner of a home who is not in fact the head of the family. The presumption that the husband is the head of family has been abrogated by the 1971 amendment to section 61.09, Florida Statutes....
...a spouse or minor child, except that the homestead may be devised to the owner's spouse if there is no minor child." [3] Note, Our Legal Chameleon is a Sacred Cow: Alienation of Homestead under the 1968 Constitution, 24 U.Fla.L.Rev. 701 (1972). [4] Section 61.09 of the Florida Statutes places a duty of support on both spouses....
CopyCited 12 times | Published | Florida 4th District Court of Appeal
...s irretrievably broken, and sought no affirmative relief such as for alimony, special equity, attorney fees, or suit money. The wife also filed a Counterclaim in two counts seeking, in Count One, "alimony unconnected with dissolution" as provided in section 61.09, Florida Statutes, and in Count Two, to set aside conveyance of certain described personal property....
CopyCited 11 times | Published | Florida 3rd District Court of Appeal | 1990 WL 129920
...ause the underlying cause of action in Guatemala division of marital property without divorce is not recognized in Florida. Florida recognizes, however, an analogous cause of action for alimony and child *1000 support unconnected with divorce. § 61.09, Fla....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 1995 WL 1643
...The husband continued to reside in Sumter County. The husband filed a petition for dissolution of marriage in Sumter County in January of 1994 and thereafter on February 1, 1994, the wife filed her petition for alimony unconnected with dissolution of marriage, pursuant to section 61.09, Florida Statutes (1993), in Broward County....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 81, 1985 Fla. App. LEXIS 6033
...e assets of one spouse are exposed to satisfy a debt incurred by the other spouse only where the latter's assets are insufficient to satisfy the debt. Jersey Shore, 417 A.2d at 1010. [4] Manatee,
392 So.2d at 1359. [5] Parkway,
400 So.2d at 167. [6] §
61.09-.10, Fla....
...[7] We do not view section
856.04, Florida Statutes (1983) as an indication of legislative intent to retain the common law doctrine of necessaries, in light of Chapter 61. In fact, were the issue properly presented, this statute would probably not survive an equal protection challenge. [8] §§ 39.41(1)(g),
61.09-.10,
61.13,
742.031, Fla....
CopyCited 8 times | Published | Florida 4th District Court of Appeal
...1982). There can be only one head of a family, but since Florida law now places the duty of support on both spouses, there is no presumption of headship in the husband. Holden,
420 So.2d at 1085 n. 4; Cory v. Parks,
386 So.2d 292 (Fla. 2d DCA 1980); see §
61.09, Fla....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal
...Wylie,
60 So.2d 190 (Fla. 1952), and cases cited therein, and this must certainly be true in the case of a family consisting solely of a husband and wife now that the presumption that the husband is the head of the family has been abrogated by the amendment in 1971 of Section
61.09, Florida Statutes to place a duty of support upon both spouses....
CopyCited 7 times | Published | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 105, 1998 Fla. LEXIS 475, 1998 WL 166533
...Where can I look for more information? Before proceeding, you should read "General Information for Pro Se Litigants" found at the beginning of these forms. The words that are in "bold underline" in these instructions are defined there. For further information, see section 61.09, Florida Statutes....
...band ( ) Wife, being sworn, certify that the following statements are true: 1. JURISDICTION ( ) Husband ( ) Wife ( ) Both live in Florida at the filing of this Petition for Support Unconnected with Dissolution of Marriage, which is filed pursuant to section 61.09, Florida Statutes....
...Where can I look for more information? Before proceeding, you should read "General Information for Pro Se Litigants" found at the beginning of these forms. The words that are in "bold underline" in these instructions are defined there. For further information, see section 61.09, Florida Statutes....
...band ( ) Wife, being sworn, certify that the following statements are true: 1. JURISDICTION ( ) Husband ( ) Wife ( ) Both live in Florida at the filing of this Petition for Support Unconnected with Dissolution of Marriage, which is filed pursuant to section 61.09, Florida Statutes....
...__________________________, Respondent. FINAL JUDGMENT FOR SUPPORT UNCONNECTED WITH DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN) This cause came before this Court on a Petition for Support Unconnected with Dissolution of Marriage under section 61.09, Florida Statutes....
..._________________________, Respondent. FINAL JUDGMENT FOR SUPPORT UNCONNECTED WITH DISSOLUTION OF MARRIAGE WITH NO DEPENDENT OR MINOR CHILDREN This cause came before this Court on a Petition for Support Unconnected with Dissolution of Marriage under section 61.09, Florida Statutes....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1990 WL 134770
...es, against Robert to establish that Robert was the father of Victoria and obligated for her support. The action originally alleged it was brought under Chapter 742, Florida Statutes, but was amended to eliminate reference to Chapter 742 and to cite section 61.09, Florida Statutes....
...Accordingly, we hold that Victoria is a legitimate child not "born out of wedlock" and that the paternity of her father was properly established in equity without a jury trial incidental, and as a prerequisite, to a determination of child support under section 61.09, Florida Statutes....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1971 Fla. App. LEXIS 5746
...plaintiff's divorce. The article said plaintiff had been divorced by her husband on grounds of extreme cruelty and adultery. Plaintiff sued for libel, objecting to the word adultery, because she had received alimony and under Florida Law, F.S. 1967, Section 61.09, F.S.A., an adulterous spouse may not receive alimony....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 1989 WL 149770
...ed Jones to pay as support for his wife was based upon an adjudication by the court, after consideration of all the evidence, taking into account the factors governing the making of awards for support unconnected with divorce under Florida law. See, § 61.09, F.S....
...satisfactorily explain how this 82-year-old institutionalized applicant for medical assistance could realistically be found to have the "ability to contribute" an amount which left him with only $696.90 for his own subsistence and medical needs. See § 61.09, F.S....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1994 WL 57669
...g to child support and the other *694 seeking to cancel an intercept of the federal tax return of appellee Troy L. Geiger. We reverse as to both orders. Appellant Karen Geiger, along with appellant HRS, filed a petition for child support pursuant to Section 61.09, Florida Statutes....
CopyCited 4 times | Published | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 13, 2000 Fla. LEXIS 2272, 2000 WL 1352932
...Where can I look for more information? Before proceeding, you should read “General Information for Self-Represented Litigants” found at the beginning of these forms. The words that are in “bold underline” in these instructions are defined there. For further information, see section 61.09, Florida Statutes....
...band ( ) Wife, being sworn, certify that the following statements are true: 1. JURISDICTION ( ) Husband ( ) Wife ( ) Both live in Florida at the filing of this Petition for Support Unconnected with Dissolution of Marriage, which is filed pursuant to section 61.09, Florida Statutes....
...Where can I look for more information? Before proceeding, you should read “General Information for Self-Represented Litigants” found at the beginning of these forms. The words that are in “bold underline” in these instructions are defined there. For further information, see section 61.09, Florida Statutes....
...band ( ) Wife, being sworn, certify that the following statements are true: 1. JURISDICTION ( ) Husband ( ) Wife ( ) Both live in Florida at the filing of this Petition for Support Unconnected with Dissolution of Marriage, which is filed pursuant to section 61.09, Florida Statutes....
...effect remain the same. [[Image here]] FINAL JUDGMENT FOR SUPPORT UNCONNECTED WITH DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN) This cause came before this Court on a Petition for Support Unconnected with Dissolution of Marriage under section 61.09, Florida Statutes....
...D FOR_COUNTY, FLORIDA [[Image here]] FINAL JUDGMENT FOR SUPPORT UNCONNECTED WITH DISSOLUTION OF MARRIAGE WITH NO DEPENDENT OR MINOR CHILD(REN) This cause came before this Court on a Petition for Support Unconnected with Dissolution of Marriage under section 61.09, Florida Statutes....
CopyCited 4 times | Published | Supreme Court of Florida | 2011 Fla. LEXIS 3030, 2011 WL 5829543
...Where can I look for more information? Before proceeding, you should read "General Information for Self-Represented Litigants" found at the beginning of these forms. The words that are in "bold underline" in these instructions are defined there. For further information, see section 61.09, Florida Statutes....
...band ( ) Wife, being sworn, certify that the following statements are true: 1. JURISDICTION ( ) Husband ( ) Wife ( ) Both live in Florida at the filing of this Petition for Support Unconnected with Dissolution of Marriage, which is filed pursuant to section 61.09, Florida Statutes....
...Where can I look for more information? Before proceeding, you should read "General Information for Self-Represented Litigants" found at the beginning of these forms. The words that are in "bold underline" in these instructions are defined there. For further information, see section 61.09, Florida Statutes....
...band ( ) Wife, being sworn, certify that the following statements are true: 1. JURISDICTION ( ) Husband ( ) Wife ( ) Both live in Florida at the filing of this Petition for Support Unconnected with Dissolution of Marriage, which is filed pursuant to section 61.09, Florida Statutes....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1998 WL 226159
...Connor was not decided in the context of dissolution of marriage nor did it involve the duty of support between spouses after a petition for dissolution is filed but before entry of the final judgment of dissolution. That duty is imposed by statute. See §§
61.071 and
61.08, Fla. Stat. (1997); see also §
61.09....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1999 WL 1243870
...to one another. [4] To be sure, the legislature has adopted various statutory mechanisms of enforcement of the support obligation for differing *1123 contexts. As regards married parents who have decided to terminate their relationship, for example, section 61.09 provides that: "If a person having the ability to contribute to the maintenance of his or her spouse and support of his or her minor child fails to do so, the spouse who is not receiving support or who has custody of the child or with w...
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 7030, 2010 WL 2010846
...porting the reduction. We reverse. The husband, Paul Tullos, filed a dissolution action in 2000. In 2002, the trial court entered an order entitled "Final Judgment of Legal Separation," which required the husband to pay $1100 in monthly alimony. See § 61.09, Fla....
CopyCited 3 times | Published | Supreme Court of Florida
...Where can I look for more information? Before proceeding, you should read "General Information for Self-Represented Litigants" found at the beginning of these forms. The words that are in "bold underline" in these instructions are defined there. For further information, see section 61.09, Florida Statutes....
...Husband () Wife, being sworn, certify that the following statements are true: 1. JURISDICTION () Husband () Wife () Both live in Florida at the filing of this Petition for Support Unconnected with Dissolution of Marriage, which is filed pursuant to section 61.09, Florida Statutes....
...__________________________, Respondent. FINAL JUDGMENT FOR SUPPORT UNCONNECTED WITH DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN) This cause came before this Court on a Petition for Support Unconnected with Dissolution of Marriage under section 61.09, Florida Statutes....
CopyCited 3 times | Published | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 298, 2009 Fla. LEXIS 785, 2009 WL 775400
...Where can I look for more information? Before proceeding, you should read “General Information for Self-Represented Litigants” found at the beginning of these forms. The words that are in “bold underline” in these instructions are defined there. For further information, see section 61.09, Florida Statutes....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 715, 1985 Fla. App. LEXIS 14029
...uding medical bills. Parkway General Hospital v. Stern,
400 So.2d 166 (Fla. 3d DCA 1981). The obligation does not exist solely in the common law, however. The Florida legislature has enacted statutes enforcing the obligation of support. According to section
61.09, Florida Statutes (1983): Alimony and child support unconnected with dissolution....
...Accordingly, the common law remains intact in this area. See Manatee Convalescent Center, Inc. v. McDonald,
392 So.2d 1356, 1357 (Fla. 2d DCA 1980) ("[t]he common law ... is the fountainhead of the rule that a husband is responsible for the necessaries of his spouse"). The appellee's reliance on section
61.09, Florida Statutes (1983), in its motion for rehearing is misplaced....
...an award should be made; "but this discretion is not an arbitrary one; it is a judicial discretion, to be exercised in accordance with established rules of law wisely adapted to the facts apparent in each particular case... ." Floyd,
108 So. at 898. Section
61.09 does not create any new duty on the part of one spouse to support the other....
...pport his wife"), cert. denied,
444 U.S. 1062,
100 S.Ct. 1003,
62 L.Ed.2d 745 (1980). Likewise, the majority's reliance on section
61.10, Florida Statutes (1983), is misplaced. This section (quoted in full in the majority opinion) is the converse of section
61.09....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2012 Fla. App. LEXIS 190, 2012 WL 75250
...g the MSA with its provision for prevailing party attorney’s fees, as that issue is not before us. For the foregoing reasons, we reverse and remand for proceedings consistent with this opinion. POLEN and GERBER, JJ., concur. . Since Belcher , both section 61.09, Florida Statutes, and the case law interpreting it have been revised to be gender neutral....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2003 WL 22239333
...[3] Lump sum alimony was intended to secure the payment of support by a spouse/parent with a history of refusing to pay such support. There is no hint in Bredin in 1956 that the meaning of lump sum alimony used by the trial judge in this case was ever considered. We also note that the 1955 text of what is now section 61.09 was changed in 1965 in a significant respect....
...uit money...as the circumstances of the parties may render just, and to make such other orders as may be necessary to secure to her such maintenance or contribution...." Although dissolution of marriage replaced divorce in 1971, [4] the 1965 text of section 61.09 remained unchanged until 1986, when the text was again reformulated to its current version: "the court shall enter such order as it deems just and proper." If anything in the current statute excludes lump sum alimony in cases where diss...
...[7] Rosen teaches that in fashioning an equitable remedy, a legal rule should not unreasonably restrain a trial court unless the statute makes such a rule applicable. Alimony unconnected with dissolution of marriage is a proceeding under chapter 61. §
61.09, Fla. Stat. (2001). In cases where support is sought without dissolution of marriage, the statute does not prohibit this use of lump sum alimony but instead allows the court to tailor the remedy to the facts and circumstances. See §
61.09 ("the court shall enter an order as it deems just and proper."); see also §
61.08(2) ("[In awarding alimony generally] [t]he court may consider any other factor necessary to do equity and justice between the parties.")....
...t prosecuted as in other chancery causes; and the court shall have power to grant such temporary and permanent alimony and suit money as the circumstances of the parties may render just; but no alimony shall be granted to an adulterous wife." [e.s.] § 61.09, Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...ial court, though it may be categorized by another designation. The final judgment specifically provided that the wife was to receive regular periodic payments of alimony and added payments for child support, which entitlements are permissible under Section 61.09, Florida Statutes, 5 F.S.A....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2013 WL 811625, 2013 Fla. App. LEXIS 3506
...attorney’s fees. . Lashkajani recognized that although Belcher speaks of a husband’s duty of support, that duty has now been extended by law to both spouses. Lashkajani,
911 So.2d at 1157 , n. 2 (citing ch. 71-241, ch. 95-147, Laws of Fla., and section
61.09 of the Florida Statutes)....
CopyCited 1 times | Published | Supreme Court of Florida
...Where can I look for more information? Before proceeding, you should read “General Information for Self-Represented Litigants” found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. For further information, see section 61.09, Florida Statutes....
...Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. For further information, see section 61.09, Florida Statutes....
CopyCited 1 times | Published | Supreme Court of Florida | 2005 WL 1530359
...Where can I look for more information? Before proceeding, you should read "General Information for Self-Represented Litigants" found at the beginning of these forms. The words that are in "bold underline" in these instructions are defined there. For further information, see section 61.09, Florida Statutes....
...Husband () Wife, being sworn, certify that the following statements are true: 1. JURISDICTION () Husband () Wife () Both live in Florida at the filing of this Petition for Support Unconnected with Dissolution of Marriage, which is filed pursuant to section 61.09, Florida Statutes....
...Where can I look for more information? Before proceeding, you should read "General Information for Self-Represented Litigants" found at the beginning of these forms. The words that are in "bold underline" in these instructions are defined there. For further information, see section 61.09, Florida Statutes....
...Husband () Wife, being sworn, certify that the following statements are true: 1. JURISDICTION () Husband () Wife () Both live in Florida at the filing of this Petition for Support Unconnected with Dissolution of Marriage, which is filed pursuant to section 61.09, Florida Statutes....
CopyCited 1 times | Published | United States Bankruptcy Court, M.D. Florida | 1982 Bankr. LEXIS 5001
...support it. See Fla.Laws 1970, C.70-4, § 4, eff. Oct. 1, 1970. When confronted with this issue, the Second Circuit Court of Appeal stated: "[T]he presumption that the husband is the head of the family has been abrogated by the amendment in 1971 of Section 61.09 Florida Statutes to place a duty of support on both spouses." Cory v....
CopyCited 1 times | Published | United States Bankruptcy Court, M.D. Florida | 1983 Bankr. LEXIS 7030
...Debtor relies on the fact that her husband has no legal or moral obligation to support her children. This, however, does not diminish his position as head of the household. In re Schachne,
6 B.R. 236, 238 (Bkrtcy.S.D.Fla.1980). It could be argued that Florida Statute
61.09, which imposes a mutual support obligation between spouses in a family unit, abrogates the presumption that the husband is the head of the household....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...t for the Eleventh Judicial Circuit of Florida. The trial court dismissed both actions. The wife appeals the dismissal of the counterclaim. The central issue presented for review is whether it is essential to an action for separate maintenance under Section 61.09, Florida Statutes (1977), that (a) the marital domicile of the parties be in Florida, and (b) the parties be separated due to the fault of the party against whom the suit is brought. We hold that neither of the above is an essential prerequisite to an action for separate maintenance under Section 61.09, Florida Statutes (1977), and reverse....
...Based on these findings, the trial court dismissed the wife's separate maintenance action without reaching the merits thereof. The wife appeals. It is the established law of this state that Florida courts have jurisdiction to entertain a separate maintenance action under Section 61.09, Florida Statutes (1977), for alimony and child support unconnected with marriage dissolution brought by a non-resident of Florida who is temporarily in this state....
...243,
2 So.2d 870 (1941); State ex rel. Ferre v. Kehoe,
179 So.2d 403 (Fla. 3d DCA 1965). Moreover, it is clear that there are no fault prerequisites to an award of alimony or child support apart from marriage dissolution in a separate maintenance action brought under Section
61.09, Florida Statutes (1977)....
...who is not receiving support or who has custody of the children may petition the court for alimony and for support for minor children without petitioning for dissolution of marriage, and the court shall enter such order as it deems just and proper." § 61.09, Fla....
...(1977). As such, it is not essential to an action under this statute that the parties be separated due to the fault of the party against whom the suit is brought. This represents a departure from heretofore prevailing Florida law on the subject. Compare § 61.09 Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...5th DCA 1985), petition for review denied,
488 So.2d 829 (Fla. 1986). Under the facts of this case, Hatfield's wife and children could not have obtained support from Hatfield during his term of imprisonment because he was financially unable to provide for them during that period. See §
61.09, Fla....
CopyCited 1 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 734, 2010 Fla. LEXIS 2116, 2010 WL 5129227
...Where can I look for more information? Before proceeding, you should read “General Information for Self-Represented Litigants” found at the beginning of these forms. The words that are in “bold underline ” in these instructions are defined there. For further information, see section 61.09, Florida Statutes....
CopyCited 1 times | Published | District Court of Appeal of Florida | 1968 Fla. App. LEXIS 4711
*483has been amended and renumbered as F.S.1967, Section
61.09, F.S.A. The pertinent part of this statute now
CopyPublished | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 5640
...The final judgment made this order permanent. Since the final judgment did not grant a divorce to either party (the marriage being thereby conserved rather than dissolved), any permanent award to' the wife would have to be as “alimony unconnected with divorce” under F.S.1969, section 61.09, F.S.A....
CopyPublished | Florida 1st District Court of Appeal | 2005 Fla. App. LEXIS 14302, 2005 WL 2205483
PER CURIAM. The narrow issue presented in this case is whether the appellant’s status as a resident of India precluded her from bringing a separate maintenance action against her husband, a Florida resident, for child support pursuant to section 61.09, Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1968 Fla. App. LEXIS 5049
below under § 65.09, Fla.Stat.1965, F.S.A., now §
61.09, Fla. Stat.1967, F.S.A. The appellee, defendant
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Mar 7, 2024
bank can be sued); 4 Couch on Insurance § 61:9 (3d ed. & June 2024 update) (“When
CopyPublished | Florida 4th District Court of Appeal | 14 Fla. L. Weekly 2306, 1989 Fla. App. LEXIS 5407, 1989 WL 114457
...a support action, unconnected with dissolution, brought by the wife Mirit Wiener Braverman. We grant the petition and quash the order under review based on the following briefly stated legal analysis. First, in the support action brought below under Section 61.09, Florida Statutes (1987), the wife seeks solely alimony and child support; no property distribution issues of any type are involved in this proceeding....
CopyPublished | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 5591
PER CURIAM. Appellant was sued by appellee for separate maintenance without divorce under the provisions of Section 61.09, Florida Statutes, F.S.A....
CopyPublished | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 647, 2015 Fla. LEXIS 2607
...formation?
Before proceeding, you should read “General Information for Self-Represented Litigants” found at the
beginning of these forms. The words that are in bold underline in these instructions are defined there.
For further information, see section 61.09, Florida Statutes.
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified
process server, the Florida Rules of Judi...
...being sworn, certify that the following statements are true:
1. JURISDICTION
_____ Husband _____ Wife ____ Both live in Florida at the filing of this Petition for Support
Unconnected with Dissolution of Marriage, which is filed pursuant to section 61.09, Florida Statutes.
2....
...re information?
Before proceeding, you should read General Information for Self-Represented Litigants found at the
beginning of these forms. The words that are in bold underline in these instructions are defined there.
For further information, see section 61.09, Florida Statutes.
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified
process server, the Florida Rules of Jud...
...[Choose only one] _____ Husband _____ Wife, being sworn, certify that the following statements are
true:
1. JURISDICTION
_____ Husband _____ Wife _____ Both live in Florida at the filing of this Petition for Support
Unconnected with Dissolution of Marriage, which is filed pursuant to section 61.09, Florida Statutes.
2....
CopyPublished | Supreme Court of Florida | 37 Fla. L. Weekly Supp. 386, 2012 WL 1869337, 2012 Fla. LEXIS 1143
...Where can I look for more information? Before proceeding, you should read “General Information for Self-Represented Litigants” found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. For further information, see section 61.09, Florida Statutes....
...Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. For further information, see section 61.09, Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 1303, 1989 Fla. App. LEXIS 2961, 1989 WL 55345
...The trial court based its order on a lack of jurisdiction pursuant to the Uniform Child Custody Jurisdiction Act. We reverse. In September 1988, the appellant brought her four minor children to Florida from Missouri to visit her ailing father. In November 1988, the appellant filed a petition pursuant to section 61.09, Florida Statutes (1987), for alimony and child support without dissolution of marriage in which she sought temporary and permanent alimony, child support, and custody of the parties' four minor children....
...Because the appellant did not seek a determination of custody in her amended petition, the Uniform Child Custody Jurisdiction Act and its residency requirements are irrelevant to the appellant’s cause of action for separate maintenance pursuant to section 61.09....
CopyPublished | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 7191, 2016 WL 2745217
...The daughter replies that her mother’s vested right does not
prevent her from pursuing the same claim.
We have de novo review. Agee v. Brown,
73 So. 3d 882, 885 (Fla. 4th
DCA 2011).
“Parents have a legal duty to support their children.” Dep’t of Revenue
v. Jackson,
846 So. 2d 486, 492 (Fla. 2003); see §
61.09, Fla....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 662, 1988 Fla. App. LEXIS 869, 1988 WL 18686
...In 1986 the wife came to the Palm Beach County home on a visitor’s visa with both children. She has remained here since and has refused to return to Germany. The husband has taken the elder daughter back to Germany. In 1987, the wife filed a petition in the circuit court for alimony and child support pursuant to section 61.09, Florida Statutes (1985)....
CopyPublished | Florida 4th District Court of Appeal
...award granted to Appellee, Ana Rabadan (“Wife”), after presentation of
divergent expert testimony on the financial ability of Husband to pay
alimony. We reverse the alimony award because it leaves the Husband
with significantly less net income than the Wife, in violation of section
61.09(9), Florida Statutes.
Background
Husband and Wife each presented opposing forensic accountants to
opine on Husband’s capacity for alimony....
...the impact such cost would have on the Husband.
Standard of Review
An alimony award is reviewed for abuse of discretion. Canakaris v.
Canakaris,
382 So. 2d 1197, 1202 (Fla. 1980).
Analysis
Section
61.09(9) states that “[t]he award of alimony may not leave the
payor with significantly less net income than the net income of the recipient
unless there are written findings of exceptional circumstances.” §
61.09(9), Fla....
...And the Husband was required to purchase
life insurance to secure his alimony obligations. When these additional
expenses are added to the base alimony award, the Husband is left with
“significantly less net income than the net income of the recipient” in
violation of section 61.09(9).
The trial court may leave a paying spouse with significantly less net
income than the net income of the receiving spouse only when it makes
“written findings of exceptional circumstances.” Id....
...Understandably, the
trial court wanted to ensure the Wife would have enough alimony to meet
her needs, particularly since she was suffering from a terminal illness. But
the trial court failed to make the requisite findings to warrant an exception
to section 61.09(9).
Instead, the trial court simply stated in the final judgment that the Wife
relies upon her adult children for assistance with “daily activities,
transportation to medical care, and emotional support.” The trial court
then c...
CopyPublished | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 163, 2015 Fla. LEXIS 583, 2015 WL 1343088
...formation?
Before proceeding, you should read “General Information for Self-Represented Litigants” found at the
beginning of these forms. The words that are in bold underline in these instructions are defined there.
For further information, see section 61.09, Florida Statutes.
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified
process server, the Florida Rules of Judi...
...being sworn, certify that the following statements are true:
1. JURISDICTION
_____ Husband _____ Wife ____ Both live in Florida at the filing of this Petition for Support
Unconnected with Dissolution of Marriage, which is filed pursuant to section 61.09, Florida Statutes.
2....
...re information?
Before proceeding, you should read General Information for Self-Represented Litigants found at the
beginning of these forms. The words that are in bold underline in these instructions are defined there.
For further information, see section 61.09, Florida Statutes.
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified
process server, the Florida Rules of Judi...
...[Choose only one] _____ Husband _____ Wife, being sworn, certify that the following statements are
true:
1. JURISDICTION
_____ Husband _____ Wife _____ Both live in Florida at the filing of this Petition for Support
Unconnected with Dissolution of Marriage, which is filed pursuant to section 61.09, Florida Statutes.
2....
...Wife.
FINAL JUDGMENT FOR SUPPORT UNCONNECTED WITH DISSOLUTION OF
MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN)
This cause came before this Court on a Petition for Support Unconnected with Dissolution of Marriage
under section 61.09, Florida Statutes....
...FINAL JUDGMENT FOR SUPPORT
UNCONNECTED WITH DISSOLUTION OF MARRIAGE
WITH NO DEPENDENT OR MINOR CHILD(REN)
This cause came before this Court on a Petition for Support Unconnected with Dissolution of Marriage
under section 61.09, Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 6106
...This is an appeal from a final judgment in a suit for separate maintenance. The appellant, Gertrude B. Campbell, was the plaintiff below. She filed her complaint in the Circuit Court for Brevard County, Florida, on 7 January 1966 seeking alimony unconnected with divorce under Section 65.09, F.S.1965 (now Section 61.09, F.S....
CopyPublished | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 5893
extreme cruelty. In order to obtain relief under Section
61.09, F.S. 1967, F.S.A., on the grounds of a cause
CopyPublished | Florida 3rd District Court of Appeal | 2017 WL 2457214, 2017 Fla. App. LEXIS 8333
...three year
waiting period before a person who left the marital home could seek a divorce.
Shortly thereafter, the Wife flew to Miami and, on August 12, 2014, she filed a
Petition for Support Unconnected with Dissolution of Marriage, pursuant to
section 61.09, Florida Statutes (2014).2
1 While record evidence does not indicate the exact date, the Husband testified in
his deposition that he left the marital home at the end of February 2013.
2
On August 13, 2014, the Husband was personally served in Florida....
...law.” In
support of his motion, the Husband filed a memorandum of law and sworn
affidavit. On February 20, 2015, the Husband filed an Amended Motion to
Dismiss.
On July 1, 2015, the Wife amended her petition for maintenance under
section 61.09 in order to seek a dissolution of the marriage....
...On October 14,
2016, the Husband filed an amended motion to dismiss on the grounds of priority
and comity and in the alternative to abate or stay the proceedings. While various
scheduling and procedural issues delayed the case, the Husband’s various motions
2 Section 61.09, Florida Statutes (2014), provides:
If a person having the ability to contribute to the
maintenance of his or her spouse and support of his or
her minor child fails to do so, the spouse who...
... evidentiary hearing, the trial court reconsidered the Wife’s timeliness challenge.5
In its written order, the trial court denied the Husband’s motion to dismiss as
untimely because it was not raised within 60 days of service of process of the
Wife’s original section 61.09 petition....
...a waste of
resources’ and the filing of unnecessary successive
motions.
Id. at 1195 (emphasis in original) (citing Wedge Hotel,
868 So. 2d at 552-53).
Here, it is undisputed that the Wife served the Husband with her section
61.09 Petition for Support Unconnected with Dissolution on August 13, 2014, and
that the Husband first raised the defense of forum non conveniens on July 20,
2015....
...motion was untimely under the plain language of Rule 1.061(g).
On appeal, the Husband argues that Rule 1.061(g)’s sixty day timeframe
does not apply because a forum non conveniens defense was not available to
challenge the Wife’s maintenance action brought under section 61.09.6 In making
6 The Husband also argued below that the Wife’s amendment was a separate
transaction or occurrence, which required service of process and therefore started a
new sixty day period running....
... this argument, the Husband blurs the distinction between venue and forum non
conveniens. Citing Friedman v. Friedman,
383 So. 2d 1100 (Fla. 3d DCA 1980),
the Husband correctly points out that, for the purposes of a petition for separate
maintenance brought under section
61.09, venue is proper in the county where the
petitioner resides, which in this case is Miami-Dade....
...8 Significantly, we note that the trial court found that the testimony of the
Husband’s expert, Dr. Sonia Merlyn Sacoto, was “contrary” to the Husband’s
argument that the defense of forum non conveniens was not available to him as a
defense to the Wife’s section
61.09 petition. In its written order, the trial court
further cited Wachsmuth v. Wachsmuth,
528 So. 2d 1201 (Fla. 4th DCA 1988). In
Wachsmuth, the wife, a German national, brought a petition under section
61.09
for alimony and child support unconnected to dissolution....
CopyPublished | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 367, 1998 Fla. LEXIS 1238, 1998 WL 334343
...Other: _ Form 12.994(a) [[Image here]] FINAL JUDGMENT FOR SUPPORT UNCONNECTED WITH DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN) This cause came before this Court on a Petition for Support Unconnected with Dissolution of Marriage under section 61.09, Florida Statutes....
...Other: _ Form 12.994(b) [[Image here]] FINAL JUDGMENT FOR SUPPORT UNCONNECTED WITH DISSOLUTION OF MARRIAGE WITH NO DEPENDENT OR MINOR CHILDREN This cause came before this Court on a Petition for Support Unconnected with Dissolution of Marriage under section 61.09, Florida Statutes....
CopyPublished | Florida 4th District Court of Appeal | 2013 WL 3014126, 2013 Fla. App. LEXIS 9640
...The trial court did not address the merits of the husband’s motion to vacate. At the final hearing on the wife’s petition for dissolution of marriage, the wife withdrew her request for dissolution but proceeded on her claim for alimony and child support unconnected with dissolution pursuant to section 61.09, Florida Statutes (2010)....
...ing, Inc. v. City of Plantation,
326 So.2d 209, 210 (Fla. 4th DCA 1976). The judgment entered by the trial court in 2010 dismissed the dissolution petition and ordered the payment of alimony and child support unconnected with dissolution pursuant to section
61.09....
CopyPublished | Supreme Court of Florida | 2013 Fla. LEXIS 1964, 2013 WL 3334307
...Where can I look for more information? Before proceeding, you should read “General Information for Self-Represented Litigants” found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. For further information, see section 61.09, Florida Statutes....
...Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. For further information, see section 61.09, Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1968 Fla. App. LEXIS 5327
...The defendant answered and counterclaimed for divorce, charging extreme cruelty. Subsequently plaintiff amended her prayer from one seeking divorce to one for alimony unconnected with divorce (based on the charge of extreme cruelty) under § 65.09 (now § 61.09) Fla.Stat., F.S.A....
CopyPublished | District Court of Appeal of Florida
unconnected with a dissolution of marriage under section
61.09, Florida Statutes, there is nothing in that
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 975, 1995 WL 46551
...The wife is responsible for all expenses pertaining to the home accruing or arising on or after July 22, 1994, and car expenses. The wife was awarded primary residential responsibility of the minor child subject to the husband’s reasonable visitation. The trial court denied the husband’s request to stay the order. Section 61.09, Florida Statutes (1993), governs orders pertaining to alimony and child support unconnected with dissolution and states: If a person having the ability to contribute to the maintenance of his spouse and support of his minor child fails...
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 443, 1988 Fla. App. LEXIS 565
...5th DCA 1985), petition for review denied,
488 So.2d 829 (Fla.1986). Under the facts of this case, Hatfield’s wife and children could not have obtained support from Hatfield during his term of imprisonment because he was financially unable to provide for them during that period. See §
61.09, Fla.Stat....
CopyPublished | Supreme Court of Florida
...mental health treatment to several parenting plan forms in accordance with recent
amendments to section
61.13(2)(b)3.a., Florida Statutes (2017). See ch. 2016-241,
§ 81, at 67-68, Laws of Fla. Finally, we adopt two new forms for use in
proceedings commenced pursuant to sections
61.09 and
61.10, Florida Statutes
(2017): 12.904(a)(2) (Petition for Support and Parenting Plan Unconnected with
Dissolution of Marriage with Dependent Minor Children) and 12.994(a)(2) (Final
-2-
Judgmen...
...Before proceeding, you should read “General Information for Self-Represented Litigants”
found at the beginning of these forms. The words that are in bold underline in these
instructions are defined there. For further information, see section 61.09, Florida Statutes.
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
Instructions for Florida Supreme Court Approved Family Law Form 12.904(a)(1) Petition for Support
Unconnected with Dissolution of Marriage with Depe...
...certify that the following statements are true:
1. JURISDICTION
_____ Petitioner _____ Respondent ____ Both live in Florida at the filing of this Petition for
Support Unconnected with Dissolution of Marriage, which is filed pursuant to section 61.09,
Florida Statutes.
2....
...Before proceeding, you should read “General Information for Self-Represented Litigants” found
at the beginning of these forms. The words that are in bold underline in these instructions are
defined there. For further information, see section 61.09, Florida Statutes.
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or
certified process server, the Fl...
...are true:
1. JURISDICTION
_____ Petitioner _____ Respondent ____ Both live in Florida at the filing of this Petition for
Support and Parenting Plan Unconnected with Dissolution of Marriage, which is filed pursuant to
section 61.09, Florida Statutes.
2....
...re information?
Before proceeding, you should read General Information for Self-Represented Litigants found at the
beginning of these forms. The words that are in bold underline in these instructions are defined there.
For further information, see section 61.09, Florida Statutes.
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified
process server, the Florida Rules of Jud...
...[Choose only one] Petitioner, being sworn, certify that the following statements are true:
1. JURISDICTION
_____ Petitioner _____ Respondent _____ Both live in Florida at the filing of this Petition for
Support Unconnected with Dissolution of Marriage, which is filed pursuant to section 61.09, Florida
Statutes.
2....
...Respondent.
FINAL JUDGMENT FOR SUPPORT UNCONNECTED WITH DISSOLUTION OF
MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN)
This cause came before this Court on a Petition for Support Unconnected with Dissolution of Marriage
under section 61.09, Florida Statutes....
...PARENTING PLAN
UNCONNECTED WITH DISSOLUTION OF MARRIAGE
WITH DEPENDENT OR MINOR CHILD(REN)
This cause came before this Court on a Petition for Support and Parenting Plan Unconnected with
Dissolution of Marriage under section 61.09, Florida Statutes....
...FINAL JUDGMENT FOR SUPPORT
UNCONNECTED WITH DISSOLUTION OF MARRIAGE
WITH NO DEPENDENT OR MINOR CHILD(REN)
This cause came before this Court on a Petition for Support Unconnected with Dissolution of Marriage
under section 61.09, Florida Statutes....
CopyPublished | Supreme Court of Florida
...veral parenting plan forms in accordance with recent amendments to section
61.13(2)(b)3.a, Florida Statutes (2017). See ch. 2016-241, § 81, at 67-68, Laws of Fla. Finally, we adopt two new forms for use in proceedings commenced pursuant to sections
61.09 and
61.10, Florida Statutes (2017): 12.904(a)(2) (Petition for Support and Parenting Plan Unconnected with Dissolution of Marriage with Dependent Minor Children) and 12.994(a)(2) (Final Judgment for Support and Parenting Plan Unconnected with D...
...Where can I look for more information? Before proceeding, you should read “General Information for Self-Represented Litigants” found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. For further information, see section 61.09, Florida Statutes....
...Where can I look for more .information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. For further information,-see section 61.09, Florida Statutes....
CopyPublished | Florida 1st District Court of Appeal | 1974 Fla. App. LEXIS 7343
the obligations of the husband to her, and under §
61.09, Fla.Stat., she may obtain monetary relief such
CopyPublished | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 5570
CARROLL, Judge. These appeals were filed by the defendant below from two interlocutory orders entered in an action brought by the appel-lee against the appellant for alimony unconnected with divorce, under § 61.09 Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 18938, 2015 WL 9264154
...Petersburg, for
Appellant.
No appearance for Appellee.
KHOUZAM, Judge.
Elaine J. Nicholson appeals the circuit court's order awarding her alimony
from her husband, Donald Lee Nicholson, unconnected with a dissolution of their
marriage. See § 61.09, Fla....
CopyPublished | Supreme Court of Florida
...Where can I look for more information? Before proceeding, you should read "General Information for Self-Represented Litigants" found at the beginning of these forms. The words that are in "bold underline" in these instructions are defined there. For further information, see section 61.09, Florida Statutes....
...band ( ) Wife, being sworn, certify that the following statements are true: 1. JURISDICTION ( ) Husband ( ) Wife ( ) Both live in Florida at the filing of this Petition for Support Unconnected with Dissolution of Marriage, which is filed pursuant to section 61.09, Florida Statutes....
...__________________________, Respondent. FINAL JUDGMENT FOR SUPPORT UNCONNECTED WITH DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN) This cause came before this Court on a Petition for Support Unconnected with Dissolution of Marriage under section 61.09, Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 5494
...or additional relief at any time.” Defendant-wife answered and counterclaimed for separate maintenance with grounds for divorce under F.S. Section 61.-09, F.S.A., and additionally asked for attorney’s fees and court costs of defending the suit. Section 61.09 provides: “61.09 Alimony unconnected with divorce....
...That rule provides that “ * * * the court may order stricken from any pleading any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.” Since defendant-wife’s counterclaim is based upon her statutory rights under F.S. Section
61.09, F.S.A., it would be improper to strike it, unless it can be said as a matter of law that the statute is in all respects identical to and provides the same relief as F.S. Section
61.10, F.S.A., thus making defendant’s counterclaim redundant. This is not the case. A wife’s rights under F.S. Section
61.09, F.S.A., depend either on the existence of grounds for divorce or upon need coupled with the husband’s failure to provide support, whereas the husband may obtain a §
61.10 adjudication without any findings of fault or need. In the instant case, defendant’s claim is predicated upon grounds for divorce, which she seeks to prove by her counterclaim. Therefore, we conclude that although the ultimate award to the wife and children may be the same under either §
61.09 or §
61.10, the elements of proof necessary to establish a claim under §
61.09 are distinct from the elements necessary under §
61.10, *742 so that it is not “redundant” to ask for §
61.09 relief in a §
61.10 suit. Moreover, if defendant is denied her right to raise grounds for divorce in the present action, she may be collaterally es-topped from bringing a later §
61.09 action, since the financial obligations of the husband will already have been determined at that time, and her later suit would represent an attempt to adjudicate the same issue twice....
..., F.S.A., which releases her from the control of her husband, and gives her the right to use her alimony, and acquire, use and dispose of other property, uncontrolled by her husband, there must first be a judgment of alimony under Sections 61.-08 or 61.09, Florida Statutes, F.S.A. Since as we have indicated above, her failure to raise her Section 61.09 rights now may bar her from raising them in a later suit, striking her counterclaim would leave her with no means, apart from a divorce action, of being released from the control of her husband....
CopyPublished | Florida 4th District Court of Appeal | 1980 Fla. App. LEXIS 16761
unconnected with marriage dissolution under Section
61.09, Florida Statutes (1979), [when brought against
CopyPublished | Florida 4th District Court of Appeal
...”). We reverse
because the court incorrectly determined that it did not have legal
authority to grant Wife’s petition because of Husband’s potential
incapacity.
Wife petitioned the court for alimony unconnected with dissolution
pursuant to section 61.09, Florida Statutes. 1 The petition alleged that
Husband was ill and would soon be placed in a skilled nursing facility and
that Wife consequently needed monthly alimony to pay their expenses.
1 Section 61.09, Florida Statutes (2018), provides:
If a person having the ability to contribute to the maintenance of
his or her spouse and support of his or her minor child fails to do
so, the spouse who is not receiving support...
