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).
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).
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).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a party admits to physical violence against another person, is a court required to enter a domestic violence injunction? This is how the wife in the case De Jager v. De Jager, 3D23-1599 (Fla. 3d DCA January 29, 2025) construed the trial court’s rationale when it entered an injunction against her in favor of her husband.
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).
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.”
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).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Stalking injunctions in Florida are reserved for victims who can show evidence of substantial emotional distress as a result of the repeated harassment of another person. This was an issue in the case Abercrombie v. Nenneman, 2D2023-2110 (Fla. 2d DCA January 22, 2025).
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).
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.
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).
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).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When can a lawyer be disqualified from representing a spouse in a Florida divorce case? Disqualification of a lawyer is an extraordinary remedy,. This was an issue in the case Phinney v. Phinney, 3D24-1314 (Fla. 3d DCA January 15, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
If a Florida marital settlement agreement obligates a spouse to hold funds in trust for the parties’ child, does the child have a right to enforce the agreement? This was an issue in the case Clark v. Clark, 3D24-0046 (Fla. 3d DCA January 15, 2025).
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).
Posted by Nydia Streets of Streets Law in Florida Annulment
Florida does not have specific statutes that address annulment, and this area of law is based on common law. A plethora of appellate opinions give guidance on how to determine if a marriage can be annulled. Generally, impediments to marriage fall into two categories under Florida law - consent (invalidity or lack of consent) and capacity (to consent). Annulment was an issue in the case Rojas v. Londono, 3D24-0455 (Fla. 3d DCA January 8, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Support
When calculating retroactive child support, if there is evidence of the parties’ actual incomes for the retroactive period, the court usually must use the actual income rather than the parties’ current incomes. This is because it may be unfair to apply current incomes if one parent’s income was much lower or much higher during the retroactive period. This was an issue in the case Rouson v. DOR, 2D2024-0107 (Fla. 2d DCA January 3, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
A home that is owned by one spouse prior to marriage is that spouse’s separate, non-marital property. But if a mortgage was paid on the home during the marriage with marital funds, the non-owning spouse is likely owed a credit in equitable distribution for the payment of those funds. This was an issue in the case Kerrigan v. Page, 2D2023-2186 (Fla. 2d DCA December 27, 2024).
Posted by Nydia Streets of Streets Law in Florida Paternity
If a man listed on a birth certificate in Florida, and later DNA testing confirms he is not the biological father, is he automatically removed from the birth certificate? The short answer is no, because biology alone does not determine legal paternity in Florida. This was an issue in the case Bronner v. Longden, 4D2024-0638 (Fla. 4th DCA December 18, 2024).
Posted by Nydia Streets of Streets Law in Holidays
A very happy new year to you and yours! We wish you a healthy, loving, and prosperous new year. Enjoy!
