Miami family law attorney blog
Posted by Nydia Streets of Streets Law in South Florida Family Events**
‘Twas the weekend before Christmas, and all through the house… everyone was excited for Streets Law’s weekend family fun guide! Here is what’s in store for you as you get ready for the holidays.
Posted by Nydia Streets of Streets Law in Florida Divorce
A trend is coming up in this week’s blog posts regarding recent appellate cases. The trend seems to deal with enforcement and interpretation of marital settlement agreements. In the case Walsh v. Walsh, 5D17-1655 (Fla. 5th DCA 2018), the parties were involved in a dispute regarding alimony payments; specifically how the former husband’s gross income was to be defined when calculating his alimony obligation.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party fails to follow the terms of a court order, what remedies are available to the injured party? It depends on what terms are being violated - if the terms deal with support, generally there are different enforcement options available than those that correspond with violation of non-support matters.
Posted by Nydia Streets of Streets Law in Florida Divorce
You signed your marital settlement agreement and are divorced thinking the worst is behind you. In major ways, you are right, the worst may be behind you, but for some couples who continue to have disagreements after the ink is dry on their final judgment, litigation can continue for years as we see in the recent appellate case Kenney v. Goff, 4D17-2094 (Fla. 4th DCA 2018).
Posted by Nydia Streets of Streets Law in Florida Divorce
You may have heard that when you file for divorce in Miami-Dade County, you are required to attend mediation before your case is eligible for trial. Here are some quick facts about mediation to help you understand what to expect.
Posted by Nydia Streets of Streets Law in South Florida Family Events**
There is one week left before winter break for most students, so the countdown to holiday fun is on! Spend this weekend checking out the South Florida family fun in our weekend event guide.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Sometimes Florida family law hearings can turn into de facto settlement conferences wherein the parties discuss their differences and come to an agreement in open court. So long as all parties agree, the agreement reached will be binding. Such was the case in the recently published appellate opinion State v. De La Begassiere, 3D18-296 (Fla. 3d DCA 2018).
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.
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.
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?
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.
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).
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).
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.
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).
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.
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.
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.
Posted by Nydia Streets of Streets Law in Florida Child Custody
With the holiday season in full swing, child custody cases in Florida may become more active. This is because custody issues seem to spike during holidays. To avoid these issues, here are some tips on successful holiday co-parenting.
Posted by Nydia Streets of Streets Law in Prenuptial Agreements
Divorcing parties in Florida often wonder what belongs to whom when it is time to divide assets and debts. Many incorrectly assume that title to an asset or debt decides who owns or owes these. However, as with many aspects of divorce, it’s not so simple and clear cut.
