Modification: Maximizing retroactive Florida alimony

Posted by Nydia Streets of Streets Law in Florida Alimony

When you can no longer afford your alimony obligation, or on the other side if you need more alimony than was originally awarded due to a change in circumstances, you may have the option of filing a petition for modification of alimony in Florida. Modification can be retroactive to the date you filed your petition, meaning it will go into effect as of the date you filed your petition even if an order on the petition is entered several months later.

South Florida weekend family events

Posted by Nydia Streets of Streets Law in South Florida Family Events** 

It’s the most wonderful time of the year, marked by tree lighting, light displays and all of the other festive events that come with the holidays! Check out our weekend family fun guide to see what holiday cheer will be spread throughout South Florida.

Is a "best interest" finding necessary in a Florida child custody case?

Posted by Nydia Streets of Streets Law in Florida Child Custody

Are 50-50 timesharing schedules standard in Florida? Chapter 61 of the Florida Statutes does not contain a presumption that equal timesharing is in the best interest of a child. Timesharing is determined based on many factors such as the child’s routine, the parents’ work schedules, whether or not third party caretakers will be involved in the care of the child, and many more factors. When the parties agree to a 50-50 timesharing schedule, is the court required to find it is in the best interest of a child before ratifying the agreement by court order?

Modification of Florida child support for an 18-year-old still in high school

Posted by Nydia Streets of Streets Law in Florida Child Support

According to the Florida Statutes, child support can be ordered to be paid until a child graduates from high school even if the child will be 19 when he or she graduates from school. A question that was answered in one recent appellate case deals with whether child support can be modified after a child turns 18 if the child is still in high school.

Florida child custody: Prohibited restrictions on travel in long-distance parenting plan

Posted by Nydia Streets of Streets Law in Florida Child Custody

When two parents live in different states, a Florida parenting plan must take into account how the parties will handle travel in order to effectuate timesharing. Additionally, the parenting plan will specify how parties are able to travel within the United States and to foreign countries. In a recent appellate case R.B. v. B.T., 2D17-2587 (Fla. 2d DCA 2018), the father appealed an order that restricted his timesharing to only two locations, effectively denying him the right to travel outside of the country or to non-specified states with the parties’ child.

Happy Veterans Day

 Posted by Nydia Streets of Streets Law in Holidays

Happy Veterans Day! I appreciate this day even more so because of my grandfather and my brother who served in the Marines and the Army, respectively. Both have had a huge, positive impact on my life and inspire me to do my job and live my life with honor, good character and humility. To them and to all who have selflessly served our nation, have a great day. 

South Florida weekend family events

Posted by Nydia Streets of Streets Law in South Florida Family Events** 

This Veterans’ Day weekend, as we contemplate the sacrifices of our military servicemembers, our family fun guide has ways to help you celebrate these wonderful people in your lives.

The case of a forged signature in a Florida divorce

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

A recent appellate case explores an interesting tale of divorce, forgery, reconciliation and then divorce again. On October 31, 2018, the Florida First District Court of Appeal published the case Holt v. Holt, 1D17-3092 (Fla. 1st DCA 2018) in which the husband sought to overturn a 2010 order that he alleged the wife obtained by forging his signature.

Drug and alcohol abuse in Florida child custody cases

Posted by Nydia Streets of Streets Law in Florida Child Custody

When drug abuse is an issue in a Florida child custody case, the court may take certain measures to protect a child’s best interest. These measures include drug testing and restrictions on time-sharing, among others. In the recent appellate case Ryan v. Ryan, 3D18-1420 (Fla. 3d DCA 2018), the court considered a mother’s appeal of an order placing such restrictions on her timesharing.

South Florida weekend family events

Posted by Nydia Streets of Streets Law in South Florida Family Events** 

Happy first weekend of November! Temperatures have started to cool down across South Florida (by South Florida standards, of course!) so get out and enjoy the weather with this lineup of family events.

Protecting Florida paternity rights after a break up

 Posted by Nydia Streets of Streets Law in Florida Paternity

The father of a child born outside of wedlock in Florida should take important steps to ensure that he has parental rights. Being named on a birth certificate does not automatically grant parental rights such as visitation and decision-making authority.

Happy Halloween!

Posted by Nydia Streets of Streets Law in South Florida Family Events**

Happy Halloween! To help you celebrate, we’ve compiled a list of community events happening today that are family-friendly and sure to please.

Requirements for disestablishing paternity in Florida

Posted by Nydia Streets of Streets Law in Florida Paternity

Disestablishing paternity in Florida requires careful and timely steps to be taken to ensure that a non-biological father is no longer legally responsible for a child. It is not enough to have a test confirming that a male is not biologically related to a child as we see in the case Fla. Dept. of Revenue v. Augustin, 3D16-622 (Fla. 3d DCA2018).

How equitable distribution payments are enforceable in a Florida divorce

Posted by Nydia Streets of Streets Law in Florida Divorce

What remedies are available if an ex-spouse refuses to pay a Florida equitable distribution claim? These remedies are different from those available for failure to pay financial support such as alimony or child support. This issue was raised in the case Stufft v. Stufft, 238 So.3d 419 (Fla. 5th DCA 2018).

South Florida weekend family events

Posted by Nydia Streets of Streets Law in South Florida Family Events**

Halloween celebrations are happening this weekend, so grab your costume and check out your family fun guide!

Appellate fees authorized in Florida paternity cases

Posted by Nydia Streets of Streets Law in Florida Paternity

The Florida Statutes contain voluminous sections regarding domestic relations, including divorce, child support, paternity and the like. Paternity is included in a different chapter under the statutes than divorce. For this reason, confusion arose as to the applicability of the attorneys’ fee statute to paternity cases, and this was discussed in a case published in the beginning of this year known as McNulty v. Bowser, 233 So.3d 1277 (Fla. 5th DCA 2018).

Do medical payments count as child support?

Posted by Nydia Streets of Streets Law in Florida Child Support

Does a parent’s obligation to pay medical expenses for a child continue beyond the child’s 18th birthday? This question was answered in the case Dixon v. Dixon, 2D16-3099 (Fla. 2d DCA 2018) where the father appealed an order requiring him to continue paying for his child’s diabetes treatment after the child reached the age of 18.