Posted by Nydia Streets of Streets Law in Family Fun
Looking for things to do this weekend with the family? Look no further! Here is a roundup of your 5/18/2018, 5/19/2018 and 5/20/2018 family events in Miami.
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.
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.
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.
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).
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.
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.
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.
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).
Posted by Nydia Streets of Streets Law
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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.
Posted by Nydia Streets of Streets Law in Procedure
What happens if a party voluntarily dismisses his or her Florida divorce case? As with most scenarios in life, timing is everything. In the case Rebolledo v. Cordero, 217 So.3d 147 (Fla. 3d DCA 2017) we review this question.
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).
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.
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.
Posted by Nydia Streets of Streets Law
Looking for family fun this weekend in Miami that supports a great cause? Look no further! The Junior League of Miami is putting on a great fundraiser at the Deering Estate that ends this Sunday.
Posted by Nydia Streets of Streets Law in Child Custody
Part of a parenting plan in a Florida child custody case concerns parental responsibility - that is the right of each parent to make major decisions regarding their children such as choice of doctor, school, etc. A Florida family court can award shared or sole parental responsibility or a hybrid of the two known as shared parental responsibility with ultimate decision-making authority. As one appellate case shows, ultimate decision-making must be awarded with careful parameters.
Posted by Nydia Streets of Streets Law in Child Support
What type of income is credited to a parent in calculating Florida child support? The answer is, pretty much all income. As illustrated in the case Schafstall v. Clifford-Schafstall, 211 So.3d 1108 (Fla. 2017), payments made toward living expenses by a third party on behalf of a parent can be credited to a parent for purposes of calculating child support.
Posted by Nydia Streets of Streets Law in Procedure
When a party to a Florida family law case fails to pay court-ordered support, if he or she is found in contempt, that party may face jail time, an award of attorneys’ fees to the opposing party, and/or other coercive sanctions. Getting the court to hold a party in contempt requires specific findings to be made as explained in the appellate case Brown v. Brown, 210 So.3d 781 (Fla. 5th DCA 2017).
Posted by Nydia Streets of Streets Law in Procedure
Sometimes it is necessary to seek a continuance or delay of a hearing, but it may be difficult to do so if you have a trial date set in your Miami family law case. The decision to grant or deny a request for rescheduling of trial is within a Florida family court's discretion, but on appeal, that discretion can be reviewed to determine if it was abused. What factors may lead an appellate court to reverse an order denying a request for continuance? We examine them in the case Ramadon v. Ramadon, 216 So.3d 26 (Fla. 2d DCA 2017).