Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Divorce
Usually, debts that are incurred by a party after the filing of a petition for divorce in Florida are considered non-marital debts. Does this include child care debt incurred for the parties’ children? This was an issue in the case Thermidor v. Pierre, 4D2024-2133 (Fla. 4th DCA August 13, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
Can I represent myself in my Florida divorce case using ChatGPT or other artificial intelligence (AI)? It may be tempting to try to save money and rely on AI to help you draft appellate briefs, for example, but there have been multiple instances of AI citing fake cases. Doing so may expose the party citing the cases to sanctions from the court. This was an issue in the case Goya v. Hayashida, 4D2023-1212 (Fla. 4th DCA August 13, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When can a lawyer be disqualified in a Florida family law case? There are multiple instances which are listed in the Florida Rules of Professional Conduct which are rules by which lawyers must abide in practicing law in this state. Disqualification of a lawyer was an issue in the case Palma v. Alamilla, 3D25-1110 (Fla. 3d DCA August 13, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
If a court imputes income to a parent in a Florida child custody case for gifts that parent receives from third parties, there must be specific findings made to support this conclusion. This was an issue in the case Gonzalez v. Rodriguez, 3D24-0712 (Fla. 3d DCA August 13, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
An important thing to remember about Florida family law appeals is that failure to raise certain issues with the trial court or untimely appeals can be fatal to an appeal. This was an issue in the case Nisewonger v. Nisewonger, 1D2024-0462 (Fla. 1st DCA August 13, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What does it mean to be a board-certified family law attorney in Florida? According to the Florida Bar “Board-certified lawyers have dedicated themselves to achieving a heightened level of excellence through character, professionalism, ethics, and credibility in the practice of law.” Some requirements of board-certification are peer and judicial review, scrutiny of a lawyer’s trial and litigation record, and the passing of a rigorous written exam.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is vexatious or abusive litigation in a Florida family law case? This is litigation that is deemed unnecessary, frivolous, or usually designed to delay or frustrate the progress of the case. If a party is deemed to be vexatious, the court can levy sanctions which may include prohibition from filing case documents without hiring a lawyer to do so. This was an issue in the case Wiendl v. Wiendl, 2D2024-1861 (Fla. 2d DCA June 20, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a party requests payment of attorney’s fees in a Florida family law case, must he or she allege the legal basis for requesting the fees, such as need and ability to pay and/or a prevailing party clause in a marital settlement agreement? This was an issue in the case Bergman v. Bergman, 4D2024-0526 (Fla. 4th DCA July 30, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
A party to a Florida family law case that is appealed can request payment of costs by the opposing party when an appeal is taken. In the case McPherson v. Samuel, 4D2023-2613 (Fla. 4th DCA July 30, 2025), there was a dispute as to whether costs awarded by the court were proper in light of the fact that they were associated with the appeal of a domestic violence injunction which was reversed and remanded to put in place a temporary injunction pending a full hearing as to a permanent injunction.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is a dismissal for lack of prosecution in a Florida family law case? This means the court dismissed a case because there was no activity for a long period of time (usually around 10 months). Before a case is dismissed for lack of prosecution notice is sent to both parties indicating that if action is not taken to progress the case within a certain period of time, the case will be dismissed. Can a case be re-opened if it is dismissed for lack of prosecution. In certain circumstances, yes. This was an issue in the case Castillo v. Valbonesi, 3D24-1780 (Fla. 3d DCA July 30, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Support
Florida child support guidelines are an important and required part of a final judgment ordering support. This is likely because the guidelines show what numbers were used to determine support, which are important to know when modifying in the future. The absence of guidelines was an issue in the case Mullarkey v. Tiraco, 2D2024-1612 (Fla. 2d DCA July 25, 2025).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Many times, allegations of abuse that are too remote in time are not enough to sustain a Florida domestic violence injunction. There must be relatively recent allegations, and then the court can consider past allegations in the context of the recent allegations. This was an issue in the case Harrington v. Giancola, 6D2024-0828 (Fla. 6th DCA July 18, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
How does a domestic violence conviction affect shared parental responsibility in Florida? According to Florida law, “A conviction of a misdemeanor of the first degree or higher involving domestic violence creates a rebuttable presumption that shared parental responsibility is detrimental to the child.” § 61.13(2)(c)3.a., Fla. Stat. (2024). This was an issue in the case Wallace v. Wallace, 4D2024-0441 (Fla. 4th DCA July 23, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Should you hire a court reporter for your Florida family law hearing? In most cases, it is important to do so, because the court reporter prepares a transcript of what was said at the hearing. Without this transcript, you may not be able to appeal the court’s ruling. This was an issue in the case Lopez v. Fernandez, 3D25-486 (Fla. 3d DCA July 23, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
In a Florida child custody case, the court can enter temporary orders concerning visitation. In the case Aabbott v. Kligman, 3D25-402 (Fla. 3d DCA July 23, 2025), the court awarded the father two supervised overnight visits per week and the mother appealed.
Posted by Nydia Streets of Streets Law in Florida Child Custody
If a parent is ordered to undergo substance abuse monitoring as part of time-sharing with his or her children in a Florida child custody case, who is responsible for the cost of such monitoring? A commonly used tool to monitor a parent’s alcohol consumption is Soberlink, which measures blood alcohol content (BAC). A parent might be required to have his or her BAC measured as a condition of beginning his or her time-sharing. This service costs money and the court has to determine who should pay for it. This was an issue in the case Gorla v. Vig, 3D24-0706 (Fla. 3rd DCA July 23, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Support
When determining income for purposes of a Florida child support calculation, there are special considerations when a parent is a business owner or shareholder of a corporate entity. Depending on the type of entity, there are different ways of viewing income received by the parent. This was an issue in the case J.E.B. v. S.A.B., 6D2023-0839 (Fla. 6th DCA July 11, 2025).
Posted by Nydia Streets of Streets Law in Florida Alimony
When a current or former spouse fails to pay alimony due by court order, the other spouse may file a motion for contempt. Depending on the aim of the motion, there are different remedies available, but the order must comply with specific rules in order to be recognized as valid and enforceable. This was an issue in the case Kelly v. Kelly, 5D2024-3531 (Fla. 5th DCA July 11, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
When parties agree to a child support amount in their Florida marital settlement agreement, can a court reject the amount agreed-to? According to Huff v. Huff, 556 So. 2d 537 (Fla. 4th DCA 1990), “A trial court has the duty to determine the appropriateness of a child support provision within a settlement agreement and can adjust the amount based on the child’s best interest and financial needs.” This was an issue in the case Gilberts v. Manderino-Gilberts, 5D2024-0992 (Fla. 5th DCA July 11, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Support
Once a child is emancipated (turns 18) in Florida, can a parent seek child support for that child? Once the child is emancipated, generally the child can seek support on his or her own under certain circumstances. A parent is limited to seeking retroactive support if no initial child support determination was previously made. This was an issue in the case Morrell v. Alsentzer, 4D2024-1148 (Fla. 4th DCA July 16, 2025).
