Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Divorce
While Florida law states a court has discretion in awarding temporary relief, that discretion can be abused and is subject to review. In De La Piedra v. De La Piedra, 1D17-3203 (Fla. 1st DCA 2018), the husband appealed an order requiring him to pay temporary alimony, child support and attorneys' fees, and he won.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can a party be held in contempt if the party never received notice that a contempt complaint was pending against him or her? A recent appellate case reinforces the right of litigants to due process - that is, the right of each party to be heard and to receive notice of proceedings against him/her.
Posted by Nydia Streets of Streets Law in Florida Divorce
Entering a Florida marital settlement agreement is one of the best ways to save money and time, while resolving your case on terms that you can live with. To avoid expense that may be incurred as a result of unclear terms in your agreement, studying real appellate cases helps to avoid the pitfalls others have encountered in not including certain terms in their agreement. One such case is Kirschner v. Kirschner, 4D17-851 (Fla. 4th DCA 2018).
Posted by Nydia Streets of Streets Law in Florida Child Custody
This year, the Florida Legislature overhauled laws that applied to active duty servicemembers whose timesharing with their children would be affected by deployments. Previously, Florida law allowed an active duty military member to designate a family member to exercise timesharing in the member's place while deployed. Starting July 1, 2018, Florida law expanded the rules on who is allowed to have timesharing in place of the deployed parent.
Posted by Nydia Streets of Streets Law in South Florida Family Events
The temperatures continue to soar and so does summer fun! Check out South Florida family fun happening in your local area this weekend.
Posted by Nydia Streets of Streets Law in Florida Divorce
The future may be unpredictable, which is why it is good that Florida divorce courts are guided by principles of equity. When parties enter a Florida divorce agreement, they agree, as much as possible, based on the circumstances they can foresee at that time. It is difficult, if not impossible, to plan for every possible future outcome, so Florida law allows room for this difficulty in considering how to interpret provisions of a marital settlement agreement.
Posted by Nydia Streets of Streets Law in Florida Divorce
In what could be viewed as a turning point in Florida law on fathers' child custody rights, the Florida Supreme Court recently issued a decision which grants standing to unmarried fathers to establish paternity despite the objection of the mother of the child and her husband. The case Simmonds v. Perkins, SC17–1963 (Fla. 2018) may give hope to fathers who show a vested interest in being a part of their children's lives.
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 Alimony
Recently, a Florida appellate court issued an opinion which will no doubt have an impact on modifying alimony in Florida. The case Gelber v. Brydger, 4D17-295 (Fla. 4th DCA 2018) explored the issue of what can be considered an unanticipated change in circumstances in modifying alimony.
Posted by Nydia Streets of Streets Law in South Florida Family Events
Fireworks lit up your week, and we hope it was a great one for you! Here are your weekend events to look forward to as you recover from your 4th of July fun.
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 Holidays
Happy 4th of July! Looking for places to watch fireworks this holiday? We have you covered.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Once again, we see due process in action in Florida family law in the case Walters v. Petgrave, 4D18-446 (Fla. 4th DCA 2018). When the trial court in this case denied the mother the opportunity to present her case and then ruled based on the mother not presenting evidence, she appealed the trial court's final judgment.
Posted by Nydia Streets of Streets Law in Florida Child Support
What happens if after a child support order is entered, a child starts living with the parent who is ordered to pay child support? Child support payments are awarded based in part on who has primary residential custody of the child. In the case Moody v. Moody, 1D17-2477 (Fla. 1st DCA 2018), the court considered an appeal of an order granting a motion for contempt against a father who stopped paying child support for a child who came to live with him.
Posted by Nydia Streets of Streets Law in South Florida Family Events
It's getting hotter outside, and you made it to the end of another great week of summer! Cool down with some family fun happening in your neighborhood this weekend.
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 Domestic Violence
What do you need to get a restraining order against someone for stalking in Florida? For one, it is necessary to show a repeated pattern of following, harassing or cyber stalking another person. In Kriebel v. Piedrahita, 219 So.3d 867 (Fla. 4th DCA 2017) we see how a love triangle led to a restraining order being entered against the wife by the mistress.
Posted by Nydia Streets of Streets Law in Florida Name Change
You never get a second chance to make a first impression, the saying goes, and a person's name can impact a first impression. For this reason, many people choose to legally change their name. But what if a parent wants to change a child's name? A case recently considered in Miami family court regarding the name change of a minor child shows us how Florida courts analyze the right of a father not listed on a birth certificate to participate in a proceeding for a name change of his purported child.
Posted by Nydia Streets of Streets Law in South Florida Family Fun
The first official weekend of summer is upon us and so is your line-up of fun!
