Father's Day 2018 weekend fun

Posted by Nydia Streets of Streets Law in South Florida Family Fun

Happy Father's Day weekend, superheroes! While you honor the dads in your life, consider these family events happening in South Florida June 15 through June 17 that can help you celebrate. 

Protecting your interest in assets in a Miami divorce

Posted by Nydia Streets of Streets Law in Florida Divorce

Equalizing payments are ordered in Florida divorces when a party is awarded certain assets that may not be capable of immediate liquidation.  In the case of a house, for example, if one spouse is awarded the house and that award in light of all other equitable distribution in the case provides for an inequitable split of the marital estate, the spouse keeping the house would owe the other spouse an equalizing payment to cover the other spouse's share of equity in the marital estate. If this is ordered, the court must make sure certain parameters are covered in ordering the payment. 

When a parent cannot be held in contempt for failure to pay child support

Posted by Nydia Streets of Streets Law in Florida Child Support

Once a Florida child support order is entered, the party responsible for paying child support must keep up with his/her payment obligation to avoid a motion for contempt. Motions for contempt can result in sanctions such as suspension of a driver's license and even incarceration. Specific findings must be made, however, in order for a court to hold a party in contempt for non-payment of child support as we see in the case Crawford v. Crawford, 219 So.3d 224 (Fla. 1st DCA 2017). 

Early sale of marital assets to pay attorneys' fees in a Miami divorce

Posted by Nydia Streets of Streets Law in Florida Divorce

A Florida divorce can be expensive when you consider attorneys' fees and fees spent on experts such as forensic accountants, vocational evaluators, etc. For this reason, parties sometimes agree to sell marital assets and split the proceeds even before the divorce is finalized so that each can free up cash to pay for the divorce proceedings. The parties in the case Rosaler v. Rosaler, 219 So.3d 840 (Fla. 4th DCA 2017) agreed to do just that with a pricey diamond, but how the court classified the proceeds of the sale at the end of the case brought on disagreement. 

Can I spend funds in a joint account during my pending Miami divorce case?

Posted by Nydia Streets of Streets Law in Florida Divorce

Parties involved in a dissolution of marriage case in Miami should be aware that a local administrative rule is in place which generally requires the parties to maintain a financial status quo with some exceptions. This essentially means a party cannot pull the financial rug from under the other party, so-to-speak, until there is a court order entered stating otherwise. Part of the financial status quo may include joint bank accounts. The case Gotro v. Gotro, 218 So.3d 494 (Fla. 1st DCA 2017) shows us how Florida family courts handle funds in a joint account that have been spent during a pending divorce case. 

Florida same-sex couple laws: Cohabitation Agreements

Posted by Nydia Streets of Streets Law in Same-Sex Family Law

Before same-sex marriage became legal in Florida, many couples opted to enter cohabitation agreements which spelled out their rights and responsibilities in the event of their break-up. Although it is usually best to have a cohabitation agreement reduced to writing, Florida law recognizes oral cohabitation agreements between unmarried parties. The case Armao v. McKenney, 218 So.3d 481 (Fla. 4th DCA 2017) shows us how a court determines the existence of an oral contract in these cases. 

Standard for awarding attorneys' fees and costs in a Florida divorce

Posted by Nydia Streets of Streets Law in Divorce

A recent appellate case shows us once again in a Florida divorce how the court determines who pays attorneys' fees and costs. The basic standard for making this decision is need and ability to pay - the need of the spouse requesting fees to be paid and the ability of the other spouse to pay them. In Hanson v. Hanson, 217 So.3d 1165 (Fla. 2d DCA 2017), we review a court's decision to order the husband to pay over $80,000 to the wife for her attorneys' fees and costs. 

Cancelling a Florida child support obligation for a child that is not yours

Posted by Nydia Streets of Streets Law in Child Support

Once a man finds out he is not the father of a child for whom he is ordered to pay child support, he may be able to file a petition to disestablish paternity in order to cancel his child support obligation. Certain requirements must be met in order for the court to grant the petition. The case DOR v. MJM, 217 So.2d 1148 (Fla. 2d DCA 2017) sheds light on how a Florida family court interprets those requirements.

How adultery affects a Florida alimony obligation

Posted by Nydia Streets of Streets Law in Alimony

When a spouse commits adultery, how does that affect Florida alimony? Generally, in order for a court to take adultery into consideration in a Florida divorce case, there has to be some financial connection to the marriage. For example, if a spouse spent money on furthering an affair, the other spouse may be entitled to a credit for the money spent. Alimony, however, is affected by an extramarital affair in a different way. 

Procedure: Presenting evidence in your Miami family law case

Posted by Nydia Streets of Streets Law in Procedure

When presenting your Florida family law case to a court, it is crucial to know what evidence should be presented and how. Failure to present your case appropriately may result in you permanently waiving relief to which you may be entitled. 

Ordering an incarcerated parent to pay Florida child support

Posted by Nydia Streets of Streets Law in Child Support

Can a parent in prison be ordered to pay Florida child support? This was a topic discussed in the case Wilkerson v. Wilkerson, 220 So.3d 480 (Fla. 5th DCA 2017). When a parent is incarcerated, a dilemma arises wherein a child needs support, but the imprisoned parent is unable to earn a wage to pay that support. 

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.