Required language in a Florida child custody order granting decision-making authority to one parent

Posted by Nydia Streets of Streets Law in Florida Child Custody

A parent’s right to make decisions affecting the welfare of a child is considered to be so important in Florida family law that there is a presumption that equal decision-making authority for both parents is in the best interest of the child. This is called shared parental responsibility. However, under certain circumstances, a Florida family court will award sole decision-making authority to one parent.

South Florida weekend family events

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

We hope the return to school after winter break was peaceful and productive for you all! Here’s your weekend family fun lineup to reward you for your fortitude.

Imputation of income in Florida child support case reversed in recent appellate case

Posted by Nydia Streets of Streets Law in Florida Child Support

Imputing child support in a Florida child support case requires more than a hunch that a parent is not earning his or her full potential in salary. A party seeking to impute income to the other parent must show the parent is voluntarily underemployed or unemployed, and the amount of income to impute. In the case Windsor v. Windsor, 1D19-764 (Fla. 1st DCA 2018), we see this standard applied to a real life set of facts.

Termination of alimony when settlement agreement says payment until death

Posted by Nydia Streets of Streets Law in Florida Alimony

When parties agree to alimony terms in Florida, those terms supersede the Florida Statutes as it relates to payment of spousal support. In the case Inman v. Inman, 2D19-482 (Fla. 2d DCA 2018), a stipulated divorce decree was originally entered which stated the former husband would pay $800 per month to the former wife until the former wife’s death. The former husband sought termination of his alimony obligation, or in the alternative, modification.

Requesting a psychological evaluation in your Florida child custody case

Posted by Nydia Streets of Streets Law in Florida Child Custody

Many parties to Florida child custody cases want to know, “Can I have the other parent undergo a psychological evaluation?” The answer to this question is the classic lawyer response: It depends. Florida law relies on a two-part analysis to determine if such an evaluation is warranted: (1) The examination must be related to a matter in controversy and (2) the party requesting the exam must show good cause exists for it.

South Florida weekend family events

Posted by Nydia Streets ofStreets Lawin South Florida Family Events**

How has your first week of 2019 been? We hope you’ve been able to start tackling your new year goals to your satisfaction while balancing self-care and relaxation 😎 Now without further ado, we bring you our first weekend family fun guide of 2019!

Conflict certified regarding alimony awards in Florida

Posted by Nydia Streets of Streets Law in Florida Alimony

What was phrased by the Florida 4th District Court of Appeal as a “a duel between reversible error and preservation” in Fox v. Fox, 4D17-2092 (Fla. 4th DCA 2018) is a study in the nuances of Florida family law. This case revolves around a Florida alimony award and a conflict has been certified regarding the case issues, meaning the Florida Supreme Court may need to decide on rules which conflict among two or more Florida appellate districts.

Florida family law procedure: When technical errors derail progress

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

Sometimes rulings are made in court which may not make common sense but are made to be consistent with established procedure. These types of rulings may frustrate parties who have spent years and a lot of money litigating a case only to find that a technical error has derailed progress.

Happy New Year 2019!

Posted by Nydia Streets of Streets Law in Holidays

Happy New Year! We hope your 2019 is filled with love, happiness, great health and abundance. Cheers!

Goodbye 2018

Posted by Nydia Streets of Streets Law in Holidays

Gratitude is at the top of our minds as the year ends. We are thankful for our wonderful clients and the support we receive from colleagues.

South Florida weekend family events

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

It’s the last weekend of 2018 and we can’t believe it either! As we say goodbye to this year and prepare to welcome 2019, here’s our weekend family fun guide to help you celebrate all that you accomplished in the last twelve months.

What if you were denied court-ordered holiday timesharing?

Posted by Nydia Streets of Streets Law in Florida Child Custody

During the holidays, some parents unfortunately find themselves in the middle of nasty child custody issues which derail even court ordered timesharing. Here’s what you may want to consider if you are one of these parents.

When it is necessary to sue a corporation in a Florida divorce

Posted by Nydia Streets of Streets Law in Florida Divorce

Two issues are discussed in the recent appellate case Bro v. Bro, 2D18-31 (Fla. 2d DCA 2018), specifically: (1) whether it was proper for the trial court to direct division of the assets of a corporation owned by the parties and (2) whether it was proper for the court to award a portion of a significant tax refund to the former husband. The appellate court ultimately reversed the trial court’s ruling on both issues.

Merry Christmas!

Posted by Nydia Streets of Streets Law in Holidays

We wish you and your family a very Merry Christmas! Best wishes to you and yours, today and always.

Florida alimony awards cannot exceed the recipient's need

Posted by Nydia Streets of Streets Law in Florida Alimony

It is well-established that in order for a court to award alimony in Florida, it must be shown that there is a need for it and an ability to pay it. This standard applies even to awards of temporary spousal support as we see in the case Erskine v. Erskine, 1D18-1785 (Fla. 1st DCA 2018).

South Florida weekend family events

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.

Florida divorce: Differing interpretations of marital settlement agreements

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.

Proper application of a motion for contempt in Florida family law cases

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.

Enforcing your Florida marital settlement agreement

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).