Establishment of a Florida parenting plan

Establishment of a Florida parenting plan

Posted by Nydia Streets of Streets Law in Florida Child Custody

A Florida parenting plan must meet certain requirements specified in Florida Statute 61.13. For example, the parenting plan must contain a time-sharing schedule. This was an issue in the case Kiswani v. Hafza, 5D2023-2175 (Fla. 5th DCA February 14, 2025).

Request for retroactive Florida child support must be pled

Request for retroactive Florida child support must be pled

Posted by Nydia Streets of Streets Law in Florida Child Support

Retroactive child support in Florida may be awarded to compensate a parent who was not receiving adequate support from the other parent before a case was initiated. Under Florida law, the court may award retroactive support dating back up to two years prior to the date of filing the petition for support. Such support was an issue in the case Ramirez v. Gregory, 5D2022-2659 (Fla. 5th DCA February 14, 2025).

Factors for unequal distribution of marital assets and debts in Florida divorce

Factors for unequal distribution of marital assets and debts in Florida divorce

Posted by Nydia Streets of Streets Law in Florida Divorce

When a court decides there should be an unequal distribution of marital assets and debts in a Florida divorce, what factors go into making this decision? Florida Statute 61.075 lists factors a court must consider, which include the length of the marriage and the contribution of each spouse to the property in question. This was an issue in the case Reed v. Reed, 4D2023-2584 (Fla. 4th DCA February 19, 2025).

Does credit for Florida child support include retroactive support?

Does credit for Florida child support include retroactive support?

Posted by Nydia Streets of Streets Law in Florida Child Support

When a parent is ordered to pay child support for multiple children in different cases, the Florida Statutes allow essentially for a credit to be given to that parent in calculating child support. For example, if a parent pays $500 per month for one child by court order, and is subsequently sued for child support for another child, the $500 paid for the first child will be deducted from the parent’s gross income when child support is calculated for the other child. Does this include retroactive child support that is paid? This was an issue in the case Williams v. DOR, 1D2023-3086 (Fla. 1st DCA February 12, 2025).

Florida divorce: choosing valuation date after lengthy separation

Florida divorce: choosing valuation date after lengthy separation

Posted by Nydia Streets of Streets Law in Florida Divorce

If a spouse moves out of the marital home before a petition for divorce is filed in Florida, does that spouse abandon his or her interest in the home? The short answer is no, but depending on how much time passes between the time the spouse moved out and the date a divorce petition is filed, plus that spouse’s contributions to the home after moving out, the other spouse may be entitled to more equity in the home than the spouse who moved out. This was an issue in the case Silva v. Claffey ,4D2024-0269 (Fla. 4th DCA February 5, 2025).

UCCJEA: Communication between two courts of different states

UCCJEA: Communication between two courts of different states

Posted by Nydia Streets of Streets Law in Florida Child Custody

When a child custody case has been filed in two different states concerning the same child, we look to the Uniform Child Custody Jurisdiction and Enforcement Act to guide us on how to proceed. Most times, the courts of each state are required to communicate with each other and include the parties in the communication. This was an issue in the case Justice v. Guerrero-Justice, 3D24-1248 (Fla. 3d DCA February 5, 2025).

Florida child custody - pick-up orders and unwed fathers

Florida child custody - pick-up orders and unwed fathers

Posted by Nydia Streets of Streets Law in Florida Paternity

In 2023, the Florida Statutes were amended as it relates to non-married father’s rights. Previously, a child born outside of wedlock was considered to be in the full custody of the child’s mother until a court order was entered stating otherwise. The law was amended to state that if a father is on the birth certificate for the child, both parents have custodial rights. This was an issue in the case Schauer v. Mitchell, 1D2024-0499 (Fla. 1st DCA January 23, 2025).

Florida divorce: consideration of destruction of collectibles

Florida divorce: consideration of destruction of collectibles

Posted by Nydia Streets of Streets Law in Florida Divorce

What happens when a spouse destroys collectibles or other personal property of the other spouse? This was an issue in the case Michener v. Michener, 3D24-0431 (Fla. 3d DCA January 22, 2025) in which the former wife was accused of destroying or disposing of “a portion of the former husband’s extensive nonmarital memorabilia collection, which included various books, Star Wars toys, celebrity and family photographs, a sketch of Cal Ripken, Jr., a vintage poster, a handmade football, and an engraved watch.”

Florida child support arrears and fraudulent transfers

Florida child support arrears and fraudulent transfers

Posted by Nydia Streets of Streets Law in Florida Child Support

When child support arrears are owed in Florida, the party who owes the arrears may be subject to having his or her money garnished. This includes inheritances. A party who owes arrears who willfully divests himself or herself of the ability to pay the arrears may be subject to the contempt powers of the court. Child support arrears was an issue in the case The Recovery Agents, LLC v. Tutko, 2D2024-0476 (Fla. 2d DCA January 22, 2025).

Applicability of 2023 Florida alimony statute to appeals pending after July 1, 2023

Applicability of 2023 Florida alimony statute to appeals pending after July 1, 2023

Posted by Nydia Streets of Streets Law in Florida Alimony

When permanent alimony was cancelled by the Florida legislature in 2023, the new statute provided that it applied to actions filed or pending on or after July 1, 2023. In a recent appellate case, a question arose as to the meaning of “pending” when the appeal of a final judgment awarding alimony was still pending after July 1, 2023. The case is Woodward v. Woodward, 2D2023-0529 (Fla. 2d DCA January 22, 2025).

Honoring the legacy of Dr. Martin Luther King, Jr.

Honoring the legacy of Dr. Martin Luther King, Jr.

Posted by Nydia Streets of Streets Law in Holidays

"I believe that unarmed truth and unconditional love will have the final word in reality. This is why right, temporarily defeated, is stronger than evil triumphant." - Dr. Martin Luther King, Jr.

Standard for changing a child's name in Florida

Standard for changing a child's name in Florida

Posted by Nydia Streets of Streets Law in Name Change

Even when parents agree to change a minor child’s name in Florida, a court must make a finding that the change is in the best interest of the child. Changing a minor’s name was an issue in the case In Re: Name Change of M.T.F., 4D2024-0808 (Fla. 4th DCA January 15, 2025).

Requirements for modification of Florida child support

Requirements for modification of Florida child support

Posted by Nydia Streets of Streets Law in Florida Child Support

According to Florida law, “A petition for modification of child support need only allege a substantial change in either the child’s needs or one of the parent’s income.” Vincent v. Vincent, 715 So. 2d 1147, 1148 (Fla. 4th DCA 1998). This was an issue in the case Ali v. Sanchez, 4D2024-0114 (Fla. 4th DCA January 15, 2025).

Florida rehabilitative alimony requires specific plan

Florida rehabilitative alimony requires specific plan

Posted by Nydia Streets of Streets Law in Florida Divorce

A rehabilitative alimony award requires a specific and defined rehabilitative plan to be stated in an order. Such a plan is aimed at “(1) [t]he redevelopment of previous skills or credentials; or (2) [t]he acquisition of education, training, or work experience necessary to develop appropriate employment skills or credentials.” § 61.08(6)(a)(1)-(2), Fla. Stat. (2023). The law requires that an order for this type of alimony address “the objective of rehabilitation, the costs of the plan, and the projected period necessary for [completion][.]” Allison v. Allison, 692 So. 2d 1013, 1013 (Fla. 4th DCA 1997). This was an issue in the case Smith v. Chevillet, 4D2023-2589 (Fla. 4th DCA January 8, 2025).