Posted by Nydia Streets of Streets Law in Florida Divorce
Time and time again, we see the effect of not having clear provisions in a marital settlement agreement. When parties disagree as to the meaning of a provision of an agreement, it becomes necessary for the court to intervene in interpretation. If the provision of the agreement is clear and unambiguous, the court must interpret the provision as written. Otherwise, the court is permitted to review evidence to determine the parties' intent in the wording used.
Posted by Nydia Streets of Streets Law in Florida Divorce
Words matter in Florida marital settlement agreements because the court must enforce the agreement exactly as written. Therefore, it is important that you say what you mean, and mean what you say in your contract.
Posted by Nydia Streets of Streets Law in Florida Divorce
A common issue in many Miami divorce cases deals with calculating alimony when a spouse is underemployed or unemployed. This issue was on appeal in the case Dottaviano v. Dottaviano, 219 So.3d 990 (Fla. 5th DCA 2017) where the wife objected to the court imputing income to her and rejecting some of her monthly expenses.
Posted by Nydia Streets of Streets Law in Florida Divorce
A common issue when it comes to self-employed parties is difficulty in ascertaining the party's income. When it comes to calculating child support and/or alimony, a Florida family court can impute income to a party who is found to be under reporting income. Such was the case in Newman v. Newman, 221 So.3d 642 (Fla. 4th DCA 2017) where the wife appealed the trial court's denial of alimony.
Posted by Nydia Streets of Streets Law in Florida Divorce
Attorneys' fees may be a sore spot for some parties in a Miami divorce and it seems they keep coming up in recent appellate decisions. Generally, the analysis for who pays attorneys' fees and costs in a Florida divorce revolves around need and ability to pay - that is the need of the spouse asking for fees to be paid and the ability of the other spouse to pay them. In the case Richards v. Weber, 221 So.3d 714 (Fla. 2d DCA 2017), a court's decision to make the husband responsible for 70% of the wife's attorneys' fees and costs is reviewed.
Posted by Nydia Streets of Streets Law in Florida Divorce
While divorce itself can be an unfortunate event, the rift that can sometimes occur in families as a result of the divorce is just as unfortunate. Take the case of Martinez v. Martinez, 219 So.3d 259 (Fla. 5th DCA 2017) where the wife had to also sue her adult stepson as part of the divorce case because she alleged her husband was transferring marital assets to his son in an effort to deprive her of them.
Posted by Nydia Streets of Streets Law in Florida Divorce
Equalizing payments are ordered in Florida divorces when a party is awarded certain assets that may not be capable of immediate liquidation. In the case of a house, for example, if one spouse is awarded the house and that award in light of all other equitable distribution in the case provides for an inequitable split of the marital estate, the spouse keeping the house would owe the other spouse an equalizing payment to cover the other spouse's share of equity in the marital estate. If this is ordered, the court must make sure certain parameters are covered in ordering the payment.
Posted by Nydia Streets of Streets Law in Florida Divorce
A Florida divorce can be expensive when you consider attorneys' fees and fees spent on experts such as forensic accountants, vocational evaluators, etc. For this reason, parties sometimes agree to sell marital assets and split the proceeds even before the divorce is finalized so that each can free up cash to pay for the divorce proceedings. The parties in the case Rosaler v. Rosaler, 219 So.3d 840 (Fla. 4th DCA 2017) agreed to do just that with a pricey diamond, but how the court classified the proceeds of the sale at the end of the case brought on disagreement.
Posted by Nydia Streets of Streets Law in Florida Divorce
Parties involved in a dissolution of marriage case in Miami should be aware that a local administrative rule is in place which generally requires the parties to maintain a financial status quo with some exceptions. This essentially means a party cannot pull the financial rug from under the other party, so-to-speak, until there is a court order entered stating otherwise. Part of the financial status quo may include joint bank accounts. The case Gotro v. Gotro, 218 So.3d 494 (Fla. 1st DCA 2017) shows us how Florida family courts handle funds in a joint account that have been spent during a pending divorce case.
Posted by Nydia Streets of Streets Law in Divorce
A recent appellate case shows us once again in a Florida divorce how the court determines who pays attorneys' fees and costs. The basic standard for making this decision is need and ability to pay - the need of the spouse requesting fees to be paid and the ability of the other spouse to pay them. In Hanson v. Hanson, 217 So.3d 1165 (Fla. 2d DCA 2017), we review a court's decision to order the husband to pay over $80,000 to the wife for her attorneys' fees and costs.
Posted by Nydia Streets of Streets Law in Divorce
In a Florida divorce, sometimes an issue to resolve is responsibility for loans taken out for a child of the marriage, whether it be for school, a vehicle or another expense. Parents want to know who will ultimately be responsible for these loans according to Florida divorce laws.
Posted by Nydia Streets of Streets Law in Divorce
Some parties may think the extra expense of a court reporter in their Miami divorce is something they can go without. But the case Frezza v. Frezza, 216 So.3d 758 (Fla. 2d DCA 2017) shows why a court reporter is important - failure to provide a record of the trial court proceedings can result in a denial of your appeal, even if you believe you have sufficient grounds for an appeal.
Posted by Nydia Streets of Streets Law in Divorce
Preserving your right to appeal in your Miami divorce requires that you make certain arguments and objections to the trial court. If you fail to make an argument to the court, for example, you cannot complain on appeal that the trial court did not consider that argument. Additionally, you cannot invite error and then complain about it on appeal. We see this play out in the appellate case Sciame v. Sciame, 215 So.3d 190 (Fla. 2d DCA 2017).
Posted by Nydia Streets of Streets Law in Divorce
How much in attorney’s fees and costs can be spent on litigation in a Miami divorce? In one case, a couple collectively spent over $500,000 in attorney’s fees on post-judgment litigation alone. This means after their final judgment of divorce was signed, they both participated in so much litigation that they racked up half a million dollars in fees. Determining who would foot the bill brought on an appeal which cost more fees, no doubt.
Posted by Nydia Streets of Streets Law in Divorce
During the course of a Miami divorce case, it is possible to seek temporary relief for issues such as alimony, child support and time-sharing. This is because a family law case can take a year or more to get to trial and in the meantime, a party may need financial or other relief that cannot wait that long. If a party seeks temporary alimony and child support, there are certain parameters the court must follow as seen in the case Maerssen v. Gerdts, 213 So.3d 952 (Fla. 4th DCA 2017).
Posted by Nydia Streets of Streets Law in Divorce
What happens when a spouse's gambling addiction wreaks havoc on the family's finances? We review this issue in the case Viscito v. Viscito, 214 So.3d 736 (Fla. 3d DCA 2017) where the court considered the husband's gambling debts in equitable distribution and alimony determinations.
Posted by Nydia Streets of Streets Law in Alimony
Florida family courts sometimes make mistakes in their rulings. For that reason, it is important to have a Florida family law attorney at least review a court’s order with you immediately after it is entered, especially if you chose to proceed in your divorce case without an attorney. As seen in Conlin v. Conlin, 212 So.3d 487 (Fla. 2d DCA 2017), two costly mistakes in the trial court’s order negatively affecting the former husband could have gone unchallenged had he not had an attorney helping him.
Posted by Nydia Streets of Streets Law in Divorce
Sometimes, due to transfers of money and title to property during marriage, the waters of equitable distribution in a Florida divorce can get murky. Such was the situation in the appellate case Landrum v. Landrum, 212 So.3d 486 (Fla. 1st DCA 2017) in which the former husband appealed a finding that his pre-Marital property was marital in nature.
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 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).
