Florida alimony arrears, a loan and a settlement agreement, oh my!

Posted by Nydia Streets of Streets Law in Florida Alimony

In what sounds like a law school essay exam fact pattern or even a bar exam essay question, the recently published case Greenshields v. Greenshields, 5D18-400 (Fla. 5th DCA 2018) presents an interesting and somewhat complex history between divorced parties with a dispute revolving around a loan and an alimony obligation.

Stepparent adoptions in Florida: terminating parental rights of absent parent

Posted by Nydia Streets of Streets Law in Florida Adoption

Stepparent adoptions in Florida are a way to legalize the bond between a stepparent and a child. Sometimes, a birth parent may have abandoned a child financially or physically, or is otherwise absent. In this case, most times a child is more familiar with a stepparent who has taken on a parental role in the absence of the birth parent. Adopting a child in Florida involves a two-step process, the first of which is to legally terminate the parental rights of the absent parent. A recently published appellate case reviews a trial court’s decision to deny a request to terminate a parent’s rights.

Can a judge be disqualified from a Florida family law case?

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

Florida family law litigation rarely involves jury trials. This means cases are decided solely by the judge presiding over the case who hears testimony and reviews evidence. When a party believes the judge is biased or otherwise will not decide a case fairly, what can be done?

South Florida weekend family fun

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

The most wonderful time of the year continues! Check out these family-friendly holiday events happening in South Florida this weekend.

Requesting a paternity test in a Florida family law case

Posted by Nydia Streets of Streets Law in Florida Paternity

In a case published just yesterday, the Third District Court of Appeal in Florida reversed a trial court order which mandated a paternity test as part of a stalking case. The case was presented to the appellate court as a writ for certiorari which can be sought when a party shows (1) a departure from the essential requirements of the law, (2) resulting in material injury for the remainder of the case, (3) that cannot be corrected on post-judgment appeal. See Llanos v. Huerta, 3D18-1902 (Fla. 3d DCA 2018).

Analysis of the standard for modification of a Florida parenting plan

Posted by Nydia Streets of Streets Law in Florida Child Custody

Life is constantly moving and changing. So it is no surprise that parties find the need to modify their Florida parenting plan after it is entered. In order to modify a parenting plan in Florida, a party seeking to do so must show that there has been a substantial change in circumstances which was not contemplated at the time of the final judgment. While this standard may appear clear cut, there is sometimes confusion in what constitutes a substantial change as shown in the recent case Puhl v. Puhl, 4D18-365 (Fla. 4th DCA 2018).

Can your Florida homestead be affected if you do not pay your litigation bills?

Posted by Nydia Streets of Streets Law in Florida Child Custody

The case Seligsohn v. Seligsohn, 4D17-2411 (Fla. 4th DCA 2018) provides an example of a case in which many issues can explode from one final judgment. In this matter, the former wife appealed the following issues meriting discussion: (1) the court’s decision to force a sale of homesteaded property to satisfy debt owed to a guardian ad litem; (2) the court’s decision to award ultimate decision making authority to the former husband over the parties’ children; and (3) the court’s order for the wife to attend parenting courses.

Florida alimony and the doctrine of res judicata

Posted by Nydia Streets of Streets Law in Florida Alimony

A case was just published by the Fifth District Court of Appeal in Florida on November 30, 2018 which explores the concept of res judicata in relation to an alimony claim. Res judicata is Latin for “A matter judged”. It can be thought of as double jeopardy in civil cases - the doctrine of res judicata not only bars a party from re-litigating issues that were raised in a case that proceeded to a final judgment, but it also precludes consideration of issues that could have been raised but were not raised at the time the final judgment was entered. See Portwood v. Portwood, 5D17-2713 (Fla. 5th DCA 2018).

South Florida weekend family events

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

The temperature has cooled down a bit across South Florida these past few days, and how appropriate to match the holiday season! We have your weekend family fun guide to help you celebrate all that is wonderful during this time of year.

Florida child custody: Standard for relocation cases

Posted by Nydia Streets of Streets Law in Florida Child Custody

Relocation cases are among the most difficult cases to decide because the decision will affect one parent’s usual access to a child. In the recent appellate case Chalmers v. Chalmers, 4D18-2246 (Fla. 4th DCA 2018), the mother appealed the court’s decision to grant the father’s petition for relocation.

Getting a passport for a child when one parent is absent or refuses to cooperate

Posted by Nydia Streets of Streets Law in Florida Child Custody

Getting a passport for a minor child when you are no longer married to or are not in a relationship with the other parent is a concern many parents have in Florida child custody cases. Depending on who is listed on the child’s birth certificate, you may be able to get a passport issued without the other parent’s participation.

South Florida weekend family events

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

Looking for a break from Black Friday shopping? We’ve got you covered with our post-Thanksgiving weekend family fun guide.

Happy Thanksgiving!

Posted by Nydia Streets of Streets Law in Holidays

“No one who achieves success does so without the help of others. The wise and confident acknowledge this help with gratitude.” ―Alfred North Whitehead

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?