Miami family law attorney blog
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Discovery in Florida Family Law
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Parties in Florida family law cases can subpoena information from third parties who are not part of the case. For example, a party might send a subpoena to a bank to get information about the other party’s finances. Does the party subpoenaing information have to pay the third party for sending the documents? This was an issue in the case Youth and Family Alternatives, Inc. v. D.T., 2D2022-4168 (Fla. 2d DCA May 10, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is a dismissal with prejudice in a Florida family law case? This means the case is dismissed and cannot be filed again. So the claims are forever barred. This is one of the harshest penalties in litigation, so it must be used sparingly and with specific considerations. This was an issue in the case Chesterson Capital, LLC v. Yancy, 2D22-3628 (Fla. 2d DCA January 19, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
If a spouse re-marries, is the new spouse’s financial status relevant to a petition for modification of Florida child support? Since the new spouse has no legal duty to provide support to step-children, the new spouse’s financial information is normally irrelevant to a child support calculation. This was an issue in the case Gay v. Mann, 5D23-68 (Fla. 5th DCA July 28, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is discovery in a Florida family law case? This refers to a process in which each party can request documents or other evidence to prove his or her side of the case. For example, in discovery, a party might request the other party’s bank statements, paystubs and tax returns to determine income for purposes of calculating alimony or child support. Is there a limit on discovery? This was an issue in the case Flynn v. Flynn, 2D22-1172 (Fla. 2d DCA March 10, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
What is the attorney-client privilege in Florida? This is the privilege a client holds to keep communications between the client and his or her lawyer confidential. The lawyer cannot be compelled to say what the client told the lawyer and vice versa, with few exceptions. How does this privilege come up in the context of Florida family law cases? Most often it is seen in discovery disputes.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Interviewing a child as a witness in a Florida child custody case can be stressful for the child. Therefore, these interviews must be handled with care and are usually only allowed in a court proceeding with the permission of the judge. Whether a child is allowed to testify or not depends on factors weighed by the court against prejudice to the party asking for the testimony. This was an issue in the case M.S. v. Dept. of Children and Families, 3D22-1108 (Fla. 3d DCA August 17, 2022).
