Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Divorce
Divorce settlement agreements are contracts that are interpreted and enforced by a Miami family court similar to the way most other contracts are reviewed. Generally, a court cannot modify the equitable distribution terms of a Miami divorce decree without the consent of both parties, and the Court is bound by the plain language of the agreement in enforcement proceedings.
Posted by Nydia Streets of Streets Law
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Posted by Nydia Streets of Streets Law in Divorce
When a Florida divorce settlement agreement states that one spouse will receive exclusive use, ownership and possession of the marital residence and the parties continue to reside in the home together after the entry of the agreement, can the other spouse request that the court award rental payments to the owning spouse? This was one question presented to the appellate court in the case Hudson v. Hudson, 209 So.3d 656 (Fla. 1st DCA 2017).
Posted by Nydia Streets of Streets Law in Procedure
Due process is a fundamental part of the legal system, including Florida family law cases. Due process includes the right to be heard and to receive fair notice about court proceedings. In the appellate case Barsis v. Barsis, 209 So.3d 654 (Fla. 5th DCA 2017), we see what happens on appeal when the appellate court determines a party was denied due process.
Posted by Nydia Streets of Streets Law in Child Custody
When a parent has not been present in a child's life for an extended period of time, this presents a challenge in awarding overnight time-sharing with that parent. Usually, a Florida child custody court will order a gradual increase in time-sharing to allow the child and parent to become acquainted or re-acquainted. However, child custody orders must not impede a parent's ability to establish regular and substantial contact with a child, as illustrated in the case Munoz v. Munoz, 210 So.3d 227 (Fla. 2d DCA 2017).
Posted by Nydia Streets of Streets Law in Child Support
When child support is calculated based on the amount of overnights each parent spends with the child(ren), a change in the overnight schedule may result in modification of the child support payments. This was examined in the appellate case Knight v. Knight, 208 So.3d 1278 (Fla. 1st DCA 2017) in which the court considered the father's challenge to a modification of his child support obligation, retroactive to the date he stopped exercising his court-ordered equal time-sharing.
Posted by Nydia Streets of Streets Law in Procedure
The word "hearsay" is often thrown around in conversation, but few know what it really means. Hearsay is an out-of-court statement offered to prove the truth of the matter asserted. There are certain exceptions to the hearsay rule listed in the Florida statutes, but generally, you cannot offer as evidence in a court proceeding what someone said unless it meets those exceptions and/or the person who made the statement is a party or is there to testify about the statement. The consequences of basing decisions on hearsay is seen in the appellate case Washburn v. Washburn, 211 So.3d 87 (Fla. 4th DCA 2017).
Posted by Nydia Streets of Streets Law in Divorce
Can a court award exclusive use and possession of the marital home to one spouse and require both spouses to pay for half of the expenses for maintaining the home? Such was the issue brought on appeal by a former wife in the case Morgan v. Morgan, 213 So.3d 378 (Fla. 4th DCA 2017).
Posted by Nydia Streets of Streets Law in Alimony
Awarding alimony requires fact-specific analysis. Failure to follow the Florida Statutes regarding what should be considered in awarding alimony can make an order awarding alimony susceptible to appeal. Such was the situation in the appellate case Jimenez v. Jimenez, 211 So.3d 76 (Fla. 4th DCA 2017).
Posted by Nydia Streets of Streets Law in Love and Marriage
According to an article in Time Magazine authored by Kate Rockwood, there are 9 signs your marriage will last. With the common belief that the divorce rate continues to rise, reviewing these signs may be a good way to check the health of your relationship.
Posted by Nydia Streets of Streets Law in Child Custody
Parenting plans entered in Florida child custody cases usually include a relocation provision which states a parent cannot relocate with a child without the written permission of the other parent or a court order. Absent an agreement to the contrary, this is the standard imposed by Florida law, and the case Horn v. Horn, 225 So.3d 292 (Fla. 1st DCA 2017) is an example of an appellate court upholding this standard.
Posted by Nydia Streets of Streets Law in Prenuptial Agreements
How important are prevailing party clauses in a Florida prenuptial agreements? As the case Larkin v. Larkin, 207 So.3d 1026 (Fla. 5th DCA 2017) shows, they can mean the difference between paying fees for an unsuccessful challenge to an agreement and having the other party pay those fees.
Posted by Nydia Streets of Streets Law in Procedure
On a basic level, getting the court to order the relief you want starts with filing in the correct court. If you file your case in the wrong court, you may face frustrating delays and wasted filing fees. The case Nunez-Miller v. MIller, 209 So.3d 619 illustrates this point.
Posted by Nydia Streets of Streets Law in Procedure
What happens if there is a trial in your Miami family law case, and then before the court enters the final judgment setting child support, you lose your job? This happened to one woman in Florida which led to her appealing the trial court's decision to deny her motion to receive new evidence.
Posted by Nydia Streets of Streets Law in Domestic Violence
An injunction or restraining order is one tool the law provides to those seeking protection from domestic violence. Stalking is one act of violence that can be the basis for seeking protection. As one appellate case illustrates, the standard for obtaining an injunction against stalking is clear under Florida law.
Posted by Nydia Streets of Streets Law in Procedure
Knowing family law also means knowing the procedural rules the court has to follow in family law cases. On a basic level, the law requires that all parties be given notice of the proceedings and the right to be heard. In examining the appellate case Pinnock v. Whyte, 209 So.3d 71 (Fla. 3d DCA 2016) we understand where a Miami family court went wrong in failing to give a party the right to be heard.
Posted by Nydia Streets of Streets Law in Alimony
What happens when a court awards the marital home as lump sum alimony and the husband appeals? We find out in the case Gardiner v. Gardiner, 207 So.3d 987 (Fla. 2d DCA 2016).
Posted by Nydia Streets of Streets Law
Today is a day of celebration in the math world for the number Pi, and what a great excuse to take advantage of some deals being offered on food in honor of this day!
Posted by Nydia Streets of Streets Law in Child Custody
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is an important set of laws adopted by most states which seeks to avoid conflicting orders from different state courts in child custody cases and promotes cooperation between state courts. The appellate case Haugabook v. Jeffcoat-Hultberg, 219 So.3d 65 (Fla. 2016) illustrates the importance of the UCCJEA.
Posted by Nydia Streets of Streets Law in Divorce
In this edition of Real Florida Divorce Cases, we examine the appellate case Raton v. Wallace, 207 So.3d 978 (Fla. 5th DCA 2016). From this case, we learn about attorney’s fee awards and the standard for contempt proceedings.
