Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Prenuptial Agreements
Is a Florida prenuptial agreement only for wealthy people? This is a common misconception. On the contrary, prenuptial agreements serve a greater purpose than just protecting substantial assets.
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a petition for relocation is pending, a temporary relocation may be sought by motion. Generally, the matter noticed for hearing, is the only matter that can be heard, absent the consent of both parties. This was an issue in the case Fitzgerald v. Dostie, 6D2024-1990 (Fla. 6th DCA April 16, 2026).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What qualifies as a valid relocation agreement under Florida child custody laws? This was an issue in the case Neira v. Acosta, 3D25-1642 (Fla. 3d DCA April 8, 2026).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Whether a Florida stalking injunction petition states a cause of action is a question of law subject to de novo review on appeal. This was an issue in the case Odom v. Cole, 1D2025-2646 (Fla. 1st DCA April 8, 2026).
Posted by Nydia Streets of Streets Law in Florida Divorce
Many Florida marital settlement agreements contain a prevailing party clause. This clause generally states that if there is litigation to enforce the agreement, the prevailing party will be awarded attorney’s fees and costs. This was an issue in the case Weber v. Weber, 6D2024-2778 (Fla. 6th DCA March 27, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Under Florida Statute Chp. 57.105, a party can seek attorney’s fees from the other party in a Florida family law case for raising unsupported claims in the case. This requires a specific procedure, and the language of the statute must be adhered-to. This was an issue in the case Rose v. Rose, 6D2023-4209 (Fla. 6th DCA March 25, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
The Florida Family Law Rules of Procedure allow a court to enter a default final judgment against a party who fails to timely respond to a petition. A default means the petitioner’s well-pled allegations are taken as true. A party against whom a default has been entered can file a motion to set it aside. This was an issue in the case Toledo v. Torres, 3D25-0552 (Fla. 3d DCA April 1, 2026).
Posted by Nydia Streets of Streets Law in Florida Child Support
When the Department of Revenue issues certifications for denial/revocation of a passport and/or a federal tax return offset, the certification must be based on a valid judgment for child support. This was an issue in the case Morancy v. DOR, 4D2025-0239 (Fla. 4th DCA March 25, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
An attorney’s charging lien can be enforced in a Florida family law case under specific circumstances. As cited in a recent Florida family law appellate case: “‘In order to give timely notice of a charging lien an attorney should either file a notice of lien or otherwise pursue the lien in the original action.’ [internal citation omitted]. However, merely filing ‘a notice of intent to claim a charging lien in the pending original action by the attorney does not establish the attorney’s lien against the judgment nor give adequate constructive notice of the attorney’s charging lien to parties dealing with the client with respect to the judgment.’ [internal citation omitted].” John F. Schutz, P.L. v. Ally Financial Inc., 4D2024-2838 (Fla. 4th DCA March 25, 2026).
Posted by Nydia Streets of Streets Law in Florida Prenuptial Agreements
What is a patent ambiguity in a Florida prenuptial agreement? According to a recent Florida appellate case, this is an a clause in a contract which is “readily discernible on the face of the instrument, arising from language that is ‘defective, obscure, or insensible.’” Martinez v. Bustamante, 3D25-0286 (Fla. 3d DCA March 25, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When an issue is appealed in a Florida family case, lack of a transcript is usually fatal to the appeal. Does it matter if a legal, versus a factual, issue is being appealed? This was discussed in the case Harris v. Lagana, 6D2025-0548 (Fla. 6th DCA March 13, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party seeks to challenge a recommended order of a general magistrate in a Florida family law case, the party must seek a hearing at the same time the party files a motion to vacate the order. This was an issue in the case Dunac v. Dunac, 4D2025-0551 (Fla. 4th DCA March 18, 2026).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What is hearsay in a Florida family law case? Hearsay is defined by law as an out-of-court statement offered to prove the truth of the matter asserted. Unless an exception applies as defined by statute, hearsay is generally inadmissible in court. This was an issue in the case Rolle v. Joseph, 3D24-2173 (Fla. 3d DCA March 18, 2026).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can a Florida court enforce an out-of-state child custody order? This was an issue in the case Lopez v. Latif, 5D2025-2142 (Fla. 5th DCA March 6, 2026).
Posted by Nydia Streets of Streets Law in Florida Child Custody
If a parent relocates to another state before the filing of a petition concerning child custody, is the case controlled by relocation factors in Florida Statute Chp. 61.13001? This was an issue in the case Ramos v. Hunter, 4D2025-0369 (Fla. 4th DCA March 11, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
An important finding in a contempt proceeding in a Florida family law case is the ability of the alleged contemnor to pay the purge amount ordered. As cited in Wolfson v. Pardes, 3D25-2509 (Fla. 3d DCA March 11, 2026): “Where a party is being sanctioned for civil contempt for failing to abide by a court order, that person must carry the key to his cell in his own pocket.” (internal citation omitted).
Posted by Nydia Streets of Streets Law in Florida Alimony
In yet another case which tests the meaning of statutory changes from 2023 which abolish permanent alimony in Florida, the Fifth District Court of Appeals has weighed in, certifying conflict with the Second District.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Does a new order on the same issue in a Florida family law case restart appeal timelines? This was an issue in the case Skilton v. Mordekhay, 4D2025-3747 (Fla. 4th DCA March 4, 2026).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
In a tale of a failed business relationship which turned into a Florida stalking injunction, the case Fitzgerald v. Wong, 3D25-0583 (Fla. 3d DCA March 4, 2026) provides insight on what evidence is needed to support such an injunction.
Posted by Nydia Streets of Streets Law in Florida Child Support
Can a lien be placed on lawsuit proceeds for payment of retroactive child support? This was an issue in the case Mathieu v. DOR, 3D25-0558 (Fla. 3d DCA March 4, 2026).
