Miami family law attorney blog
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Divorce
Posted by Nydia Streets of Streets Law in Florida Divorce
When a party is self-employed or otherwise can deduct certain business-related expenses on that party’s tax return, this is an important consideration in determining alimony and child support in Florida. In the case Brown v. Norwood, 5D18-3836 (Fla. 5th DCA February 28, 2020), the court considered the appeal of a former husband who argued the trial court ignored evidence of his business expenses in calculating his income.
Posted by Nydia Streets of Streets Law in Florida Divorce
There may be certain tax liability associated with assets distributed to each spouse in a Florida divorce. This tax liability affects the value of assets being awarded in equitable distribution. That is why Florida law requires that such liability be taken into consideration when distributing assets and debts to each spouse. This issue arose in the case Sumlin v. Sumlin, 5D18-2701 (Fla. 5th DCA January 10, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
Attorneys’ fees and costs can be ordered to be paid by the higher-earning party in a Florida family law case, and this includes fees that are incurred in appealing orders. The analysis that is required to make a determination of who should pay fees and how much is the same as fees awarded on the trial level. In the case Stewart v. Stewart, 1D19-0016 (Fla. 1st DCA February 3, 2020), the former husband appealed an order making him fully responsible for all of the former wife’s appellate fees.
Posted by Nydia Streets of Streets Law in Florida Divorce
An award of attorneys’ fees in a Florida divorce must include certain findings. The most common bases to award fees are misconduct by a party or a disparity of income between the parties. In the case Office v. Office, 4D18-2910 (Fla. 4th DCA January 8, 2020), the former husband appealed an order granting the former wife’s motion for enforcement and awarding her attorneys’ fees.
Posted by Nydia Streets of Streets Law in Florida Divorce
When a court orders temporary alimony in Florida, such alimony can be ordered retroactively. If the court finds a party is voluntarily unemployed or underemployed, it can also order that income be imputed to a spouse. In Cura v. Cura, 3D18-1126 (Fla. 3d DCA January 2, 2020), the husband appealed an order on these two issues.
Posted by Nydia Streets of Streets Law in Florida Divorce
What does equitable distribution include in a Florida divorce? Generally, all assets and debts that were acquired from the date of marriage through the date of filing for divorce are going to be included in the equitable distribution scheme. In the case Dubose v. Dubose, 1D19-885 (Fla. 1st DCA December 20, 2019), the appellate court considered an appeal concerning an alleged error in the division of assets in the parties’ underlying divorce case.
Posted by Nydia Streets of Streets Law in Florida Divorce
The clear and unambiguous terms of a Florida marital settlement agreement are enforceable as a matter of law. This was reinforced in the recent appellate case Pack v. Wiechert, 1D18-3039 (Fla. 1st DCA December 10, 2019) in which the former wife appealed an order that conflicted with the terms of her marital settlement agreement.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Is a party required to provide his or her mental health records to the opposing party in a Florida divorce? This issue arose in the case Laforest v. Laforest, 4D19-2189 (Fla. 4th DCA December 11, 2019) in which the husband appealed an order requiring him to produce his mental health records.
Posted by Nydia Streets of Streets Law in Florida Divorce
When a family member loans money to a married couple, is that loan repayable by both parties at divorce? This was an issue in the case Burns v. Cole, 1D18-3979 (Fla. 1st DCA November 26, 2019) where the trial court characterized money given to a couple by the former husband’s mother as a loan, but ordered that the former husband would be fully responsible for repaying it.
Posted by Nydia Streets of Streets Law in Florida Divorce
If parties separate and one spouse moves to a different county than the other spouse, in which Florida county should the petition for divorce be filed? Florida law states venue is proper where the spouses last resided during their intact marriage with the intent to remain married. What if one spouse moved to another county to escape alleged domestic violence by the other spouse? This issue arose in the recent appellate case Dlin v. Dlin, 3D19-1042 (Fla. 3d DCA November 20, 2019).
Posted by Nydia Streets of Streets Law in Florida Divorce
Can a Florida marital settlement agreement that was not ratified by a court order be enforced via a motion for contempt? In what was referred to by the appellate court as a “novel” case, a five-year lapse between an initial filing for divorce and a second petition for divorce created a tricky set of facts for a trial court to navigate in determining whether or not the former husband should be held in contempt of a marital settlement agreement. The case is Thilloy v. Ciccone-Capri, 3D18-1468 (Fla. 3d DCA November 27, 2019).
Posted by Nydia Streets of Streets Law in Florida Divorce
When modifying a Florida divorce judgment, depending on what you are seeking to change, it is important to know the standard the court is obligated to use in deciding on your request. For example, modifying alimony or child support requires the court to review several similar factors, while modification of child custody in Florida requires the court to review other factors. In Suarez v. Suarez, 4D18-1148 (Fla. 4th DCA November 13, 2019), we see the standards applied to these types of modification.
Posted by Nydia Streets of Streets Law in Florida Divorce
What is a partition in a Florida divorce? This means the parties are asking the court to apportion to each their respective ownership interest in real property they jointly own since the property cannot physically be awarded to the parties in parts. Who pays attorneys’ fees for this? A dispute about payment of fees came up in the case Vergne v. Glidewell, 4D19-444 (Fla. 4th DCA November 13, 2019).
osted by Nydia Streets of Streets Law in Florida Divorce
When considering in a Florida divorce whether or not a spouse should be responsible for student loans taken out during the marriage by the other spouse, some believe it would not be fair to have the non-incurring spouse help pay the loan because that spouse will not benefit from the degree earned by the student spouse after the parties’ divorce. Some may also object to paying because they objected to the spouse going to school during the marriage and believed the spouse should have instead been working. This issue arose in Tsacrios v. Tsacrios, 1D19-914 (Fla. 1st DCA November 6, 2019).
sted by Nydia Streets of Streets Law in Florida Divorce
What is a qualified domestic relations order (QDRO) in a Florida divorce? Separate from the final judgment, this is an order that is required by most retirement plans to distribute funds within the plan. So when a marital settlement agreement or final judgment entitles a spouse to some percentage or sum of a spouse’s retirement account, the QDRO is entered and sent to the plan administrator to effectuate a payout from the account to the non-owner spouse. In the case Johnson v. Johnson, 1D18-3966 (Fla. 1st DCA October 30, 2019), the former wife sought to obtain a QDRO 20 years after her final judgment was entered.
Posted by Nydia Streets of Streets Law in Florida Divorce
When the parties to a Florida divorce sign a settlement agreement, they are held to the terms of the agreement much like any other contract parties enter. In the case Forest v. Estate of Kohl, 4D18-3734 (Fla. 4th DCA October 23, 2019), at issue was a settlement release and the former wife’s effort to enforce it.
Posted by Nydia Streets of Streets Law in Florida Divorce
When a party is ordered to pay the other party’s attorneys’ fees and costs in a Florida divorce, the next step is to examine the attorneys’ fees and costs purportedly incurred by the other party. Certain fees and costs are not allowed to be included in a fee award as highlighted in the case Kalis v. Kalis, 4D18-3062 (Fla. 4th DCA October 23, 2019).
Posted by Nydia Streets of Streets Law in Florida Divorce
When parties in a Florida divorce enter a settlement agreement, that agreement is subject to the same laws concerning other contracts. Generally, in order for a contract to be formed, there must be an offer, an acceptance and what is called consideration. In the case Romaine v. Romaine, 5D18-2521 (Fla. 5th DCA October 18, 2019), an issue arose as to the enforcement of a marital settlement agreement purportedly entered between the parties.
Posted by Nydia Streets of Streets Law in Florida Divorce
In a recent Miami divorce case, the former wife appealed various issues related to alimony and equitable distribution. The case Weininger v. Weininger, 3D17-49 (Fla. 3d DCA October 10, 2019) involved allegations of infidelity and misuse of marital funds.
Posted by Nydia Streets of Streets Law in Florida Divorce
Temporary relief orders in a Florida divorce are helpful because they grant a party much-needed assistance without waiting for the entry of a final judgment which can take months or even years. For example, a party may need alimony or child support right away in order to meet his or her living expenses and to take care of their children. While judges in Florida family law cases have great discretion in awarding temporary relief, their orders must meet minimum standards as shown in the recent appellate case Meldrum v. Bergamo-Meldrum, 4D18-3481 (Fla. 4th DCA October 2, 2019).
