Family Law Case law Updates-opinions filed June 12, 2013

Family Law Case law Updates-Opinions filed June 12, 2013
DISSOLUTION OF MARRIAGE, ALIMONY
In Pisciotta v. Pisciotta, 38 FLW D1273a (Fla. 2d DCA) opinion filed June 12, 2013, The trial court was found to have abused its discretion in ordering the Former Husband (FH) to pay the Former Wife (FW) $1,000.00 per month in alimony where the award leaves the FH with only $200.00 per month in imputed income on which to live. This came to the court on the FH 's appeal of the trial court's order on his supplemental petition for termination of alimony and denial of his motion for rehearing.
The FH filed the supplemental petition alleging he has suffered a reduction in income and that the FW's needs were reduced becasue she had entered a supportive relationship with her boyfriend. The trial court found both that the FH had a permanent reduction in income that was beyond his control and that the FW was indeed in a supportive relationship that reduced his living expenses to $1,000.00 per month. The Judge then imputed income at minimum wage to the FH at $1,200.00 per month and ordered him to pay $1,000.00 of that to the FW. Such award was an abuse of discretion. See Cook v. Cook, 574 So. 2d 281,282 (Fla. 2d DCA 1991) (concluding that support award which left FH with only $63 per week to support himself and no assets of his own upon which to draw was an abuse of discretion.) While the FW argued that the FH was in a supportive relationship, the DCA pinted out that for purposes of the alimony statute, a supportive relationship refers only to a payee's relationship and not a payor's. See Morell v. Morell, 2012 WL 832729, *1 (Fla. 2d DCA Mar. 14, 2012)[37 FLW D621b.
CHILD SUPPORT, DISABLED CHILD
In Santos v. Flores, 38 FLW D1316b (Fla, 3d DCA) opinion filed June 12, 2013, the Mother of two severaly handicapped children appealed the trial court's order adopting findings and recommendations of the Magistrate on a Motion for modification of child support. The DCA found an abuse of discretion in denying the Mother leave to amend her petition for modification of child support to seek child support on a permanent basis for a severly mentally handicapped children. The Magistrate found that she would have extended child support on a permanent basis, but was limited to the relief sought in the petition. The record contained substantial evidence to support an award on a permanent basis.
The Mother filed a pro ce petition intially and then, represented by counsel, filed a motion for leave to amend her petition and attached a proposed amended petition requesting child support to be extended on a permanent basis. The trial court demnied the motion for leave without prejudice without providing any reason for the denial in its order. The DCA agreed with the Mother that the denial of her motion for leave to amend was an abuse of discretion citing to Ruke 1.190(a), which expressly states that eave to amend must be freely given when Justice requires it. Any doubt as to whether a motion for leave should be granted should be resolved in favor of the amendment. Overnight Success Constr., Inc. v. Pavarini Constr. Co., 955 So. 2d 658, 659 (Fla. 3d DCA 2007). Reversed and remanded with instructions to enter judgment inthe mother's favor and award child support on a permanent basis due to the mental incapacity of the children.
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