Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Child Support
Florida child support guidelines are calculated by evaluating the net incomes of each parent and taking into account daycare and health insurance payments by each parent. Additionally, we look at the number of overnights each parent spends with the children each year to further balance the equation. As we see in a recent appellate case, evidence must support a court’s child support determination.
Posted by Nydia Streets of Streets Law in South Florida Family Events**
Another fine weekend is upon us, and with that some fun family events to get into. Check out what’s in store.
Posted by Nydia Streets of Streets Law in Florida Divorce
Divorce can be a very expensive process. Paying lawyers on top of paying alimony, child support and your own living expenses can be very taxing. This is why some parties end up liquidating assets during a divorce proceeding in order to keep up financially. In the case Jones v. Jones, 1D16-3736 (Fla. 1st DCA 2018), the husband liquidated his military retirement account and was penalized for it in the final judgment.
Posted by Nydia Streets of Streets Law in Florida Divorce
Divorcing couples clearly do not want to remain marriage partners, much less business partners, but one Florida divorce court essentially made one ex-couple just that when it gave them equal ownership of a business operated by the husband. The husband appealed, and the recent appellate decision examines whether or not this was correct.
Posted by Nydia Streets of Streets Law in Florida Child Custody
One appellate case decided earlier this year shows how the waters of Florida relocation cases can get “muddied” and are not always straight-forward. In Gimonge v. Gimonge, 5D17-2747 (Fla. 5th DCA 2018), the disagreement as to relocation resulted from the parties temporary agreement entered after a petition for dissolution of marriage was filed.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Child support and timesharing issues can be considered in Florida domestic violence cases. One recent appellate case indicates that notice is just as fundamental in a domestic violence case as it is in any other case when it comes to protecting a party’s due process rights.
Posted by Nydia Streets of Streets Law in South Florida Family Events**
Decided on a costume for Halloween yet? You still have time, and while you’re out shopping for that perfectly spooky look, here is your listing of fun events to keep you and the family entertained this weekend.
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent fails to follow a parenting plan, is found in contempt and still fails to follow the plan, what is a court to do? One appellate case talks about what a court is not allowed to do when sanctioning the non-compliant parent.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Sometimes even after a Florida parenting plan is entered, problems can arise when the parties disagree as to the interpretation of certain provisions of the plan. Such was the case in Greene v. Greene, 1D17-2120 (Fla. 1st DCA 2018) where the disagreement escalated to the point that the police were called multiple times. In some cases, the court can award attorneys’ fees to the offending party, but a certain standard must be met before doing so.
Posted by Nydia Streets of Streets Law in Florida Alimony
How does alimony affect a Florida child support calculation and vice versa? Alimony is considered income to the spouse receiving it and is considered a deduction from the income of the spouse paying it. There are direct alimony payments (that is, payments made directly to the recipient) and there are in-kind payments (payments made on behalf of the recipient such as a phone bill or a mortgage payment). Are both of these types of payments deductible from the payor’s income when calculating child support?
Posted by Nydia Streets of Streets Law in Florida Child Custody
Third parties who serve as parental figures in Florida usually provide love, support and comfort for children who are in their care. This is why it is difficult when a biological parent objects to a third party’s custody of a child - what do you do when a child has grown up with a third party but a biological parent wants custody of the child? Such was the case in Morris v. Morris, 1D16-4695 (Fla. 1st DCA 2018) decided in the spring of this year.
Posted by Nydia Streets of Streets Law in South Florida Family Events**
Pumpkin patches are abound in this week’s edition of South Florida Family Events! As you enjoy less humid weather, check out this weekend’s lineup of fun.
Posted by Nydia Streets of Streets Law in Florida Dissolution of Marriage
What happens in Florida when a party dies during a divorce proceeding? One appellate case considered this year involves that issue where the deceased former wife’s estate appealed an order dismissing her dissolution of marriage case.
Posted by Nydia Streets of Streets Law in Florida Divorce
Say a party was ordered to pay alimony as part of a marital settlement agreement which also awarded joint ownership of the marital residence to both spouses. After the final judgment is entered, the party who is supposed to pay alimony falls behind on his payments and the other party files a motion for contempt. Can the court award the marital residence to the other spouse as punishment for the paying spouse’s failure to pay a large sum of alimony? This question was answered in the recent appellate case Frank v. Frank, 4D17-2201 (Fla. 4th DCA 2018).
Posted by Nydia Streets of Streets Law in Florida Alimony
When is permanent alimony ordered in Florida? Under current statutory law, the court must make a finding that no other form of alimony is fair and reasonable under the circumstances. Without this finding in the final judgment, the alimony award is subject to reversal on appeal. In one recent appellate case, although the former wife successful proved on the trial level that the former husband may have been hiding income, her award of permanent alimony was reversed in part because of the lack of the required finding in the final judgment.
Posted by Nydia Streets of Streets Law in Florida Child Support
Child Support is calculated in Florida applying various deductions each parent is entitled to claim in determining a parent’s net income. For example, aside from taxes, medicare and social security deductions, a parent is entitled to credit for health insurance premiums and support payments made for other children. In one recent case, we see how the appellate court reviewed an appeal of a child support order that included these deductions.
Posted by Nydia Streets of Streets Law in South Florida Family Events**
The first week of fall flew by and we’re already at the end of September! As we move into October, our lineup of South Florida family weekend fun has you covered when it comes to events everyone in the family will enjoy.
Posted by Nydia Streets of Streets Law in Florida Paternity
Father’s rights received a boost in Florida this year when the Florida Supreme Court issued a decision which clarified that biological fathers of children born in an intact marriage have the right to assert paternity. Before this ruling, the presumption that a child born to an intact marriage was the child of the husband of that marriage (even if not biologically related) defeated many biological father’s claims for paternity. Another recent case applies the new ruling to allow a biological father to pursue his parental rights over his twin children.
Posted by Nydia Streets of Streets Law in Florida Child Support
A parent who is ordered to pay child support for one child may have other children he or she is obligated to financially support. If the parent is court ordered to pay child support for the other children, the amount that parent actually pays by court order would be deducted from his income for purposes of calculating child support. What about when a child is anticipated, but not yet born, can a court take this into consideration in calculating child support for an existing child?
Posted by Nydia Streets of Streets Law in Florida Child Support
A party who fails to abide by a court order may be held in contempt. The consequences of this can include incarceration, money fines and other sanctions. In order for a court to hold a party in contempt, there must be showing that an order mandates the party to do (or not do) something, and that party intentionally failed to comply with the order. Motions for contempt are most commonly used in Florida family law cases to enforce child support payments.
