Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When an issue is appealed in a Florida family case, lack of a transcript is usually fatal to the appeal. Does it matter if a legal, versus a factual, issue is being appealed? This was discussed in the case Harris v. Lagana, 6D2025-0548 (Fla. 6th DCA March 13, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party seeks to challenge a recommended order of a general magistrate in a Florida family law case, the party must seek a hearing at the same time the party files a motion to vacate the order. This was an issue in the case Dunac v. Dunac, 4D2025-0551 (Fla. 4th DCA March 18, 2026).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What is hearsay in a Florida family law case? Hearsay is defined by law as an out-of-court statement offered to prove the truth of the matter asserted. Unless an exception applies as defined by statute, hearsay is generally inadmissible in court. This was an issue in the case Rolle v. Joseph, 3D24-2173 (Fla. 3d DCA March 18, 2026).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can a Florida court enforce an out-of-state child custody order? This was an issue in the case Lopez v. Latif, 5D2025-2142 (Fla. 5th DCA March 6, 2026).
Posted by Nydia Streets of Streets Law in Florida Child Custody
If a parent relocates to another state before the filing of a petition concerning child custody, is the case controlled by relocation factors in Florida Statute Chp. 61.13001? This was an issue in the case Ramos v. Hunter, 4D2025-0369 (Fla. 4th DCA March 11, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
An important finding in a contempt proceeding in a Florida family law case is the ability of the alleged contemnor to pay the purge amount ordered. As cited in Wolfson v. Pardes, 3D25-2509 (Fla. 3d DCA March 11, 2026): “Where a party is being sanctioned for civil contempt for failing to abide by a court order, that person must carry the key to his cell in his own pocket.” (internal citation omitted).
Posted by Nydia Streets of Streets Law in Florida Alimony
In yet another case which tests the meaning of statutory changes from 2023 which abolish permanent alimony in Florida, the Fifth District Court of Appeals has weighed in, certifying conflict with the Second District.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Does a new order on the same issue in a Florida family law case restart appeal timelines? This was an issue in the case Skilton v. Mordekhay, 4D2025-3747 (Fla. 4th DCA March 4, 2026).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
In a tale of a failed business relationship which turned into a Florida stalking injunction, the case Fitzgerald v. Wong, 3D25-0583 (Fla. 3d DCA March 4, 2026) provides insight on what evidence is needed to support such an injunction.
Posted by Nydia Streets of Streets Law in Florida Child Support
Can a lien be placed on lawsuit proceeds for payment of retroactive child support? This was an issue in the case Mathieu v. DOR, 3D25-0558 (Fla. 3d DCA March 4, 2026).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can a Florida family court temporarily modify a Florida parenting plan? This was an issue in the case Santander v. Peralta, 4D2026-0240 (Fla. 4th DCA February 25, 2026).
Posted by Nydia Streets of Streets Law in Florida Child Support
What is the standard for determining whether a parent is in contempt of an order to pay Florida child support? This was an issue in the case Coggins v. Coggins, 3D25-2199 (Fla. 3d DCA February 25, 2026).
Posted by Nydia Streets of Streets Law in Florida Child Support
When a parent in a Florida child support case is self-employed, the court usually takes a careful look at the parent’s earning ability and weighs credibility. This was an issue in the case Osman v. Osman, 3D25-0161 (Fla. 3d DCA February 25, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Before a party can appeal a Florida family law judgment, usually he or she must give the trial court an opportunity to address the issue being appealed. Failure to do so may result in denial of an appeal. This was an issue in the case Clark v. Clark, 3D24-1465 (Fla. 3d DCA February 25, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Attorney’s fees can be awarded in a Florida family law case based on a disparity in incomes between the parties. This is based on Florida Statute Chp. 61.16. Do these fees include fees incurred by an attorney in establishing or litigating the fee amount? This was an issue in the case Schultheis v. Schulthies, 3D23-1250 (Fla. 3d DCA February 25, 2026).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent in a Florida child custody case misbehaves, does this affect the trial court’s ability to order shared parental responsibility? This was an issue in the case Bowman v. Kardash, 2D2024-2823 (Fla. 2d DCA February 25, 2026).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a party does not appear at a Florida child custody trial, the court may enter an order that is adverse to that party. The court must still hold an evidentiary hearing and make findings about the best interest of the child. This was an issue in the case Trigueiro v. Oliveira, 6D2024-2132 (Fla. 6th DCA February 13, 2026).
Posted by Nydia Streets of Streets Law in Florida Alimony
If a party’s ability to pay alimony is non-existent due to temporary factors, a Florida court may be able to award nominal alimony in a divorce case. This was an issue in the case Atkinson v. Atkinson, 4D2025-1154 (Fla. 4th DCA February 18, 2026).
Posted by Nydia Streets of Streets Law in Florida Divorce
What is the residency requirement for a Florida divorce? Under 61.021, Fla. Stat., one party to the marriage must have resided in Florida six months before the filing of the petition in order for a Florida court to have subject matter jurisdiction over the divorce. This was an issue in the case Golubstova v. Budaev, 3D25-0296 (Fla. 3d DCA February 18, 2026).
Posted by Nydia Streets of Streets Law in Florida Divorce
When alimony and equitable distribution are considered in a Florida divorce, there are certain statutory findings that may be required in the final judgment. This was an issue in the case Estrada v. Garcia, 3D25-0101 (Fla. 3d DCA February 18, 2026).
