Miami family law attorney blog
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Divorce
Posted by Nydia Streets of Streets Law in Florida Divorce
When parties to a Florida divorce discuss a settlement “on the record” or in the presence of the court and a court reporter, the court must ask both parties certain questions before ratifying the agreement. This is to ensure that both parties understand and fully agree to the settlement terms discussed. The case Frenkel v. Costa, 4D19-1841 (Fla. 4th DCA October 7, 2020) outlines what must be asked.
Posted by Nydia Streets of Streets Law in Florida Divorce
Equitable distribution in a Florida divorce is governed by Fla. Stat. 61.075. which states in pertinent part: “the court shall set apart to each spouse that spouse’s nonmarital assets and liabilities, and in distributing the marital assets and liabilities between the parties, the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors [. . .]”. In the case Legere v. Legere, 1D19-3324 (Fla. 1st DCA October 7, 2020), the trial court entered a final judgment which awarded more equity in the marital estate to the former wife than to the husband.
Posted by Nydia Streets of Streets Law in Florida Divorce
The distinction between marital assets and non-marital assets in a Florida divorce is important because it determines what assets a spouse will keep and/or what payments need to be made from one spouse to the other to equalize the distribution. In the case Street v. Street, 2D18-283 (Fla. 2d DCA September 30, 2020), the trial court’s equitable distribution determination resulted in the former husband being ordered to pay almost $1 million to the former wife.
Posted by Nydia Streets of Streets Law in Florida Divorce
A primary question in a Florida divorce when it comes to dividing marital assets and debts is what is everything worth? Since the court starts with the presumption that each spouse should be awarded an equal share of the marital estate, knowing the values of each asset and the amount of each debt owed is necessary to arrive at this equal division. The case Frett v. Frett, 5D20-187 (Fla. 5th DCA August 28, 2020) sheds light on this.
Posted by Nydia Streets of Streets Law in Florida Divorce
Obtaining a final judgment of divorce in Florida which grants a party financial relief is the first step in getting support payments or property distribution. The next step is collecting the money due. Since there may be time limits which preclude a party from collecting on a judgment, collections should be sought right away. This time limit was an issue in the case Webb v. Webb, 2D19-3089 (Fla. 2d DCA August 28, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a party requests that the other party pay his or her attorney’s fees and costs in a Florida divorce case, what is considered by the court? If the request is based on a disparity in income levels between the parties, the court will look at the need of the spouse asking for fees to be paid and the ability of the other spouse to pay the fees. It is important to understand what is considered income for purposes of determining need and ability to pay. This was at issue in the case Gonzalez v. Reyes, 2D19-1841 (Fla. 2d DCA August 28, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
If a party earns less money than the other spouse in a Florida divorce, the lesser earning spouse may be entitled to have his or her attorney’s fees paid by the higher earning spouse. However, if the spouse asking for his or her attorney’s fees to be paid commits misconduct during the case, this may affect his or her ability to have those fees paid. This was an issue in the case Root v. Feinstein, 4D19-0701 (Fla. 4th DCA August 26, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a third party creditor is owed money by a husband and wife, that creditor may be able to intervene in a Florida divorce case to preserve his or her rights. An example is when a relative lends money to a married couple and the couple defaults on the payments. Once a divorce is filed, the creditor may become a party to the case to pursue repayment of the loan. This was an issue in the case Frank v. Frank, 3D19-1525 (Fla. 3d DCA August 26, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a divorce case is filed in Florida, and a divorce case involving the same parties is also filed in another country, which court has jurisdiction to decide the issues in the case? The answer is not always simple, but the case Vicario v. Blanch, 3D19-1044 (Fla. 3d DCA August 19, 2020) is an example of how a Florida court may analyze competing petitions for divorce in different jurisdictions.
Posted by Nydia Streets of Streets Law in Florida Divorce
When a Florida divorce case includes issues of equitable distribution and alimony, there must be specific findings made in the final judgment regarding these issues. Without these findings, a final judgment of divorce may be susceptible to being overturned on appeal. Such was the case in the matter Ortiz v. Ortiz, 3D19-2232 (Fla. 3d DCA August 12, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
Is rental income included for purposes of calculating Florida child support? The general answer is yes. Florida Statutes Chp. 61.30 define what should be considered income in determining a parent’s child support obligation. In the case Marenco v. Marenco, 2D18-1664 (Fla. 2d DCA July 29, 2020), the former wife appealed the trial court’s calculation of her rental income.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Attorney’s fees can be requested in a Florida divorce based on need and ability to pay. A spouse who has not worked during the marriage, for example, may ask that the court require the working spouse to pay his or her attorney’s fees and costs. This is to “even the playing field” so-to-speak, so that each party has the opportunity to obtain competent legal counsel for the proceedings. In the case Bolliger v. Fries, 2D19-2587 (Fla. 2d DCA July 31, 2020), the former husband appealed a denial of his request for attorney’s fees and costs.
Posted by Nydia Streets of Streets Law in Florida Divorce
When a spouse is awarded alimony in a Florida divorce, how does this affect the child support calculation? Since alimony paid to a spouse is considered income, the alimony should be subtracted from the paying spouse’s monthly income and included in the receiving spouse’s monthly income when calculating child support. This was one issue discussed in the case Paul v. Paul, 5D19-2223 (Fla. 5th DCA August 14, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
Under what circumstances would a spouse be held responsible for the alleged dissipation of marital assets in a Florida divorce? Intentional waste, dissipation or destruction of marital property may be considered in determining equitable distribution. There must be evidence that the spouse intentionally wasted marital assets and spent them for a non-marital purpose. This was an issue in the case Niederkohr v. Kuselias, 5D19-3231 (Fla. 5th DCA August 14, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a party is self-employed, income can fluctuate which may make it difficult to assign a fair or consistent income amount to the party. This affects child support and alimony calculations, along with rulings on a request for attorneys’ fees and costs. At issue in the case Waldera v. Waldera, 3D18-1546 (Fla. 3d DCA August 5, 2020) was the former wife’s complaint that the trial court did not correctly calculate the former husband’s income for purposes of calculating his support obligations.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Getting an order or final judgment that declares money is owed to you in a Florida family law case is the first step in collecting your award. If the other party does not pay what is owed to you, what are your options? One method of enforcement is a writ of continuing garnishment. This was at issue in the case Ziegler v. Ziegler, 5D19-2218 (Fla. 5th DCA July 10, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
“Double-dipping” occurs in a Florida divorce case when a party is awarded credit twice in matters concerning equitable distribution and support payments. This was an issue in the case Jorgensen v. Tagarelli, 5D19-2132 (Fla. 5th DCA July 2, 2020) in which the former wife appealed a final judgment of dissolution of marriage concerning imputation of income and deductions given to the former husband in calculating his business income.
Posted by Nydia Streets of Streets Law in Florida Divorce
When a party seeks to impute income to the other party in a Florida divorce, the court must consider relevant factors such as the party’s work history and realistic earning capacity. In the case Tutt v. Hudson, 2D19-1437 (Fla. 2d DCA June 24, 2020), the former husband appealed an order which imputed income of $500.00 per day to him.
Posted by Nydia Streets of Streets Law in Florida Divorce
Is a spouse responsible for debts incurred by the other spouse in a Florida divorce? Generally, debts incurred during the marriage are considered marital debts for which both spouses are responsible, even if the debt is only in one spouse’s name. There are exceptions to this rule, however, as illustrated in the case Dampier v. Dampier, 1D19-3016 (Fla. 1st DCA June 24, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
Property acquired by either spouse before a marriage or after a petition for divorce has been filed is presumed to be that spouse’s non-marital property. This is because it falls outside of the definition of marital property which is defined as that acquired during the marriage. The same goes for liabilities. We see this in the case Jackson v. Blazer, 2D17-4686 (Fla. 2d DCA June 3, 2020).
