Miami family law attorney blog
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.
Posted by Nydia Streets of Streets Law in Florida Child Divorce
A case just released by a Florida appellate court on November 6, 2018 discusses prospective timesharing orders and distribution of a retirement account used to fund household expenses during litigation. The case Horton v. Horton, 1D17-5223 (Fla. 1st DCA 2018) sheds light on these interesting issues.
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.
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.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Do you need a guardian ad litem in your Florida child custody case? Guardians are appointed in many high conflict family law cases, including those where there are allegations of abuse, neglect or abandonment of a child.
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.
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.
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.
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).
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).
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!
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).
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.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
One form of domestic violence is stalking, which is statutorily defined as “willfully, maliciously, and repeatedly" following, harassing, or cyberstalking another person.” Pickett v. Copeland, 236 So.3d 1142 (Fla. 1st DCA, 2018). In this case, the accused stalker appealed a court’s entry of an injunction against him on the basis that the accuser did not meet her burden of proving that she was stalked.
Posted by Nydia Streets of Streets Law in Florida Child Support
Florida child support guidelines are calculated by evaluating the net incomes of each parent and taking into account daycare and health insurance payments by each parent. Additionally, we look at the number of overnights each parent spends with the children each year to further balance the equation. As we see in a recent appellate case, evidence must support a court’s child support determination.
Posted by Nydia Streets of Streets Law in South Florida Family Events**
Another fine weekend is upon us, and with that some fun family events to get into. Check out what’s in store.
Posted by Nydia Streets of Streets Law in Florida Divorce
Divorce can be a very expensive process. Paying lawyers on top of paying alimony, child support and your own living expenses can be very taxing. This is why some parties end up liquidating assets during a divorce proceeding in order to keep up financially. In the case Jones v. Jones, 1D16-3736 (Fla. 1st DCA 2018), the husband liquidated his military retirement account and was penalized for it in the final judgment.
Posted by Nydia Streets of Streets Law in Florida Divorce
Divorcing couples clearly do not want to remain marriage partners, much less business partners, but one Florida divorce court essentially made one ex-couple just that when it gave them equal ownership of a business operated by the husband. The husband appealed, and the recent appellate decision examines whether or not this was correct.
Posted by Nydia Streets of Streets Law in Florida Child Custody
One appellate case decided earlier this year shows how the waters of Florida relocation cases can get “muddied” and are not always straight-forward. In Gimonge v. Gimonge, 5D17-2747 (Fla. 5th DCA 2018), the disagreement as to relocation resulted from the parties temporary agreement entered after a petition for dissolution of marriage was filed.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Child support and timesharing issues can be considered in Florida domestic violence cases. One recent appellate case indicates that notice is just as fundamental in a domestic violence case as it is in any other case when it comes to protecting a party’s due process rights.
