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Equitable distribution provisions of Florida divorce decree are non-modifiable unless court reserves jurisdiction stating otherwise

Posted by Nydia Streets of Streets Law in Florida Divorce

In Farid v. Rabbath, 1D17-4173 (Fla. 1st DCA May 16, 2019), the former husband took issue with the trial court’s decision to modify the equitable distribution provisions of the parties’ final judgment. Specifically, after both parties were found in contempt of the order to pay each other certain sums, the court re-worked their property settlement agreement to achieve what it deemed an equitable result.

Comment

Florida parenting plan did not prohibit significant other from attending children's doctor appointments

Posted by Nydia Streets of Streets Law in Florida Child Custody

It is anticipated that after a divorce, spouses will move on to new relationships. Most will agree it is in the best interest of the children involved that the spouses and their significant others all get along when it comes to issues that involve the children. In the case Godwin v. Godwin, 4D18-2228 (Fla. 4th DCA May 15, 2019), a main point of contention surrounded the former husband’s girlfriend’s presence at the children’s doctor’s appointments.

South Florida weekend family events

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South Florida weekend family events

Posted by Nydia Streets of Streets Law in South Florida family events**

Random fact: Today is National “Eat Your Jell-O Day”! Whether or not Jell-O is your thing, we know you’ll find something to enjoy with the family in this edition of our South Florida weekend family fun guide.

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Temporary relief in Florida divorce requires same findings as permanent relief

Posted by Nydia Streets of Streets Law in Florida Divorce

A Florida divorce case can take a year or more to get to a final hearing or trial. Sometimes parties need relief immediately such as alimony, child support or time-sharing, and cannot wait the year or more to get it. This is why Florida family law allows the award of temporary relief on these issues and many more. In the case Jooste v. Jooste, 4D18-2736, May 8, 2019), the wife appealed a decision on her motion for temporary alimony, child support and attorneys’ fees and costs.

Florida divorce: Wrong classification of non-marital property was "harmless error"

Posted by Nydia Streets of Streets Law in Florida Divorce

In the appellate case Goley v. Goley, 1D18-9 (Fla. 1st DCA May 6, 2019), the former wife appealed a trial court’s decision to credit real property to her in equitable distribution which she contended reduced her alimony award and affected her entitlement to attorneys’ fees. Although the appellate court found the trial court erroneously concluded the property was marital, it nonetheless affirmed the trial court’s ruling.

Florida injunctions cannot be used to resolve feuds between neighbors

Posted by Nydia Streets of Streets Law in Florida Domestic Violence

A party who is in reasonable and genuine fear for his or her safety has the option to obtain a civil restraining order in Florida known as a domestic violence injunction. However, this order cannot be used to compel neighbors to be nice to each other as we see in the case Stone v. McMillian, 1D17-5332 (Fla. 1st DCA May 2, 2019).

Happy 4th of July!

Happy 4th of July!

Posted by Nydia Streets of Streets Law in Holidays

We wish you and your family a wonderful, fun and safe 4th of July!

The unallocated support dilemma in Florida child support cases

Posted by Nydia Streets of Streets Law in Florida Family Child Support

When parties have more than one child in common, it is important that a Florida child support order include provisions which specify how much child support is to be paid as each child turns 18 or otherwise emancipates and is no longer eligible for child support. This issue arose in the recent Florida family law case Stout v. Stout, 4D18-2296 (Fla. 4th DCA May 1, 2019).

Florida child support modification requires analysis of income

Posted by Nydia Streets of Streets Law in Florida Child Support

When circumstances change after a final judgment is entered, either party may be able to petition for modification of the order. When child support payments are at issue, the court must determine whether or not there has been a substantial change in circumstances which was not contemplated at the time the final judgment was entered. In the case Johansson v. Johansson, 4D18-2112 (Fla. 4th DCA May 1, 2019), the former husband appealed an order denying his petition to decrease child support.

Provision of Florida final judgment of divorce allowing for attorneys' fees in future proceedings reversed on appeal

Posted by Nydia Streets of Streets Law in Florida Divorce

In most cases, Florida family law judgments cannot make rulings based on future circumstances or events. This is because life changes and circumstances change frequently, so it is impossible to know in present-time whether or not a ruling made today is just or equitable when applied in the future. The recent appellate case Du Perault v. Du Perault, 4D18-1226 (Fla. 4th DCA May 1, 2019) affirms this concept.

It may cost you if you do not hire a court reporter for your Florida divorce

Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

As parties who hire lawyers in their Florida family law cases soon realize, in addition to attorneys’ fees, there are costs associated with a case that must be paid as well. From process servers to filing fees and beyond, Florida family law litigation can be expensive. Most lawyers will tell you a court reporter is worth his or her weight in gold, and the appellate case Padgett v. Padgett, 1D17-2217 (Fla. 1st DCA May 2, 2019) tells us why.

Florida family law appeals: A final judgment may not be "final" for purposes of appeal

Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

If a party does not agree with a trial court’s decision in his or her Florida family law case, he or she may have the right to appeal the decision. The party must ensure that he or she has followed the appropriate steps to preserve the right to appeal, and this is usually best done through an attorney. As the recent appellate case Browner v. Browner, 1D19-0556 (Fla. 1st DCA April 22, 2019) indicates, knowing something as basic as whether or not it is possible to appeal an order is crucial.

Injunction on behalf of child reversed for lack of competent, substantial evidence

Posted by Nydia Streets of Streets Law in Florida Domestic Violence

A petition for protection against domestic violence can be filed on behalf of a minor child who is the victim of abuse. When filing such a petition it is important to follow rules regarding the submission of evidence to the court to avoid the loss of important protection for a child. We see this play out in the case Hussey v. Lara, ex. rel., 3D18-259 (Fla. 3d DCA April 10, 2019).

South Florida weekend family events

South Florida weekend family events

Posted by Nydia Streets of Streets Law in South Florida family events**

Happy Summer Solstice! Celebrate the first official days of summer with our South Florida weekend family fun guide.

Florida income deduction order must indicate how arrearage amounts and original obligations are to be treated in relation to the total percentage deducted

Posted by Nydia Streets of Streets Law in Florida Alimony

When a party falls behind on Florida support payments, he or she may be held in contempt of court. When this happens, usually the party is ordered to become current on support payments within a certain amount of time. Additionally, an amended income withholding order may be entered which allows for extra amounts to be taken from the obligor’s paycheck to satisfy any arrearage and/or attorneys’ fees amounts. This is what happened in the recent Florida family law case Moore v. Holton, 2D18-2672 (Fla. 2d DCA April 12, 2019).

Payment of joint expenses should be taken into account to calculate retroactive Florida child support

Posted by Nydia Streets of Streets Law in Florida Divorce

In a recent Florida family law case, the former husband appealed the trial court’s determination of a parenting plan, retroactive child support, and ongoing child support. The case Johnson v. Johnson, 5D17-4093 (Fla. 5th DCA April 5, 2019) sheds light on what could be considered common mistakes with regard to these issues.