What is needed to dissolve a Florida injunction against domestic violence

Posted by Nydia Streets of Streets Law in Domestic Violence, 

After a Florida restraining order or injunction against domestic violence is entered, the party against whom the injunction has been entered usually wonders when and if it can be dissolved. There are certain circumstances under which an injunction can be dissolved as explored in the appellate case Noe v. Noe, 217 So.3d 196 (Fla. 1st DCA 2017). 

You need a court reporter for your Miami divorce case

Posted by Nydia Streets of Streets Law in Divorce

Some parties may think the extra expense of a court reporter in their Miami divorce is something they can go without. But the case Frezza v. Frezza, 216 So.3d 758 (Fla. 2d DCA 2017) shows why a court reporter is important - failure to provide a record of the trial court proceedings can result in a denial of your appeal, even if you believe you have sufficient grounds for an appeal. 

Modification of Florida alimony

Posted by Nydia Streets of Streets Law in Alimony

Can a court reduce a Florida alimony obligation when the alimony recipient voluntarily reduces his or her expenses? This question was asked in the case Regan v. Regan, 217 So.3d 91 (Fla. 4th DCA 2017) where the court considered an appeal of a final judgment that granted the former husband's request to modify alimony.

Modifying Florida child support after the child's 18th birthday

Posted by Nydia Streets of Streets Law in Child Support

When a child turns 18 before graduating from high school, does a Florida family court have the ability to extend support beyond the child's 18th birthday? It used to be argued that if the petition to extend was filed after the child turned 18, the court had no jurisdiction to modify the child support. However, DOR v. Jackson, 217 So.3d 192 (Fla. 5th DCA 2017) clarifies this issue. 

Long-distance parenting plans in Florida child custody cases

Posted by Nydia Streets of Streets Law in Child Custody

Long-distance Florida parenting plans come into play when one parent resides out-of-state or more than 50 miles from the children's primary residence. In the case Aranda v. Padilla, 216 So.3d 652 (Fla. 4th DCA 2017), the appellate court considered a trial court's ruling on a father's request for holiday time-sharing, assistance with travel costs to effectuate time-sharing and shared parental responsibility in a long-distance parenting plan.

Preserving your appellate rights in a Miami divorce

Posted by Nydia Streets of Streets Law in Divorce

Preserving your right to appeal in your Miami divorce requires that you make certain arguments and objections to the trial court. If you fail to make an argument to the court, for example, you cannot complain on appeal that the trial court did not consider that argument. Additionally, you cannot invite error and then complain about it on appeal. We see this play out in the appellate case Sciame v. Sciame, 215 So.3d 190 (Fla. 2d DCA 2017). 

How the court determines who pays attorney’s fees in a Miami divorce

Posted by Nydia Streets of Streets Law in Divorce

How much in attorney’s fees and costs can be spent on litigation in a Miami divorce? In one case, a couple collectively spent over $500,000 in attorney’s fees on post-judgment litigation alone. This means after their final judgment of divorce was signed, they both participated in so much litigation that they racked up half a million dollars in fees. Determining who would foot the bill brought on an appeal which cost more fees, no doubt.

Modifying a temporary Florida child custody order

Posted by Nydia Streets of Streets Law in Child Custody

It can take a year or more to get to trial in your Miami child custody case. This is why parties can and should seek temporary relief orders which, for example, provide an interim enforceable mandate regarding a parenting plan.

Can I request a DNA test if I am paying Florida child support?

Posted by Nydia Streets of Streets Law in Child Support

When a man believes he is not the father of a child for whom he is paying child support, can he request DNA testing? The answer depends, among other factors, on why he is requesting the test and what steps he's taken after finding out that he is not the biological father. In the case Meeker v. Meeker, 214 So.3d 766 (Fla. 5th DCA 2017), we review a trial court's decision to order a DNA test in a proceeding to enforce an out-of-state child support order. 

Protecting against disclosure of your medical records in a Miami child custody case

Posted by Nydia Streets of Streets Law in Child Custody

When the mental health of a parent is at issue in a Florida child custody case, is a parent required to produce his or her records regarding past treatment for mental health issues? The psychotherapist-patient privilege protects a party from having to disclose records and communications with a psychotherapist, but that privilege can be waived under certain circumstances. This is explored in the case Zarzaur v. Zarzaur, 213 So.3d 1115 (Fla. 1st DCA 2017). 

Attorney’s fees for bad faith litigation in Florida family law cases

Posted by Nydia Streets of Streets Law in Procedure

Florida law discourages misconduct in litigation by allowing a party to seek attorney’s fees from the opposing party who prolongs litigation or otherwise acts unreasonably in a Florida divorce. But what type of misconduct rises to the level of such punishment? We review this question in the appellate case Myrick v. Myrick, 214 So.3d 769 (Fla. 2d DCA 2017) where the former wife was ordered to pay almost $100,000 in attorney’s fees to the former husband.

Temporary alimony in a Miami divorce

Posted by Nydia Streets of Streets Law in Divorce

During the course of a Miami divorce case, it is possible to seek temporary relief for issues such as alimony, child support and time-sharing. This is because a family law case can take a year or more to get to trial and in the meantime, a party may need financial or other relief that cannot wait that long. If a party seeks temporary alimony and child support, there are certain parameters the court must follow as seen in the case Maerssen v. Gerdts, 213 So.3d 952 (Fla. 4th DCA 2017).

Florida adoption checklist

Posted by Nydia Streets of Streets Law in Adoption

Adoption is a great way to expand your family and to give the adoptee a loving family. If you’re thinking of going forward with a Florida adoption, consider this checklist in gathering documents and information you need to get started.

When a spouse's gambling problem affects a Miami divorce

Posted by Nydia Streets of Streets Law in Divorce

What happens when a spouse's gambling addiction wreaks havoc on the family's finances? We review this issue in the case Viscito v. Viscito, 214 So.3d 736 (Fla. 3d DCA 2017) where the court considered the husband's gambling debts in equitable distribution and alimony determinations.