Divorce Final Judgment reversed and remanded for multiple issues including the requirement of a bond for visitation and mother's visitation schedule. Appellate attorney fees were granted to the mother.
The trial court erred in vacating the paternity judgment based on the fact that the mother's husband was not joined by the child's biological father as a party to the proceeding; any right to seek to set aside the 2011 paternity judgment for the failure to join the husband belonged to the husband himself, not the mother; The trial court's concern that a Privette "best interests of the child" determination had not been made in 2011 was misplaced.
Baller Dwyane Wade loses in his bid to have his ex-wife, Siohvaughn, subjected to a psychological exam. Conclusory allegations in the pleadings and argument by counsel are insufficient to place a party's mental state in controversy.
The trial court did not err in denying a father's motion for contempt and enforcement of a timesharing agreement because it properly interpreted the summer break provision of the parties' parenting plan; The provision was unambiguous; Because the father was not current in support payments at the end of the year, the mother was not required to execute a waiver of the dependency tax exemption. The mother could not be held in contempt for taking the exemption for a tax year during which the father was never current in his support payments, even though the father later became current on his payments.
We affirm the final judgment of paternity in all respects but two. The judgment failed to give the father credit for $850 in child support payments, and on remand, in an amended final judgment, that amount should be set off against the child support arrearages. Next, although the court awarded the father the IRS income tax exemption in "odd-numbered calendar years," the judgment should indicate that the mother, the custodial parent, is required to execute a waiver of the dependency exemption, only if the father "is current in support payments.
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