9 So. 3d 172 - Prestenback v. Prestenback’s Empirical Analysis
2008
Citation profile
5 state decisions
Relationships
Applies 42 U.S.C. § 1382A (§ 1612 of the Social Security Act of 1935) · 42 U.S.C. § 402 (§ 202 of the Social Security Act of 1935) · 42 U.S.C. § 423 (§ 223 of the Social Security Act of 1935) · 42 U.S.C. § 659 (§ 459 of the Social Security Act of 1935)
Relies on Theriot v. Midland Risk Ins. Co. · 617 So. 2d 885 - Touchard v. Williams · 283 So. 2d 226 - Bernhardt v. Bernhardt · 446 So. 2d 1357 - Bunch v. Town of St. Francisville · 743 So. 2d 1257 - Mayes v. Mayes
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A. When a spouse has not been at fault prior to the filing of a petition for divorce and is in need of support, based on the needs of that party and the ability of the other party to pay, that spouse may be awarded final periodic support in accordance with Paragraph C of this Article. * * * C. The court shall consider all relevant factors in determining the amount and duration .of final support, including: (1) The income and means of the parties, including the liquidity of such means. (2) The financial obligations of the parties, including any interim allowance or final child support obligation. (3) The earning capacity of the parties. (4) The effect of custody of children upon a party’s earning capacity. (5) The time necessary for the .claimant to acquire appropriate education, training, or employment. (6) The health and age of the parties. (7) The duration of the marriage. (8) The tax consequences to either or both parties. (9) The existence, effect, and duration of any act of domestic abuse committed by the other spouse upon the claimant, | ¿regardless of whether the other spouse was prosecuted for the act of domestic violence.”
1 later decision quote this exact passagee.g. Freeman v. Freeman“In a proceeding for divorce or thereafter, the court may award.. .final periodic support to a party who is in need of support and who is free from fault prior to the filing of a proceeding to terminate the marriage in accordance with the following Articles.”
1 later decision quote this exact passagee.g. Freeman v. Freeman
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.