Posted by Nydia Streets of Streets Law in South Florida Family Events**
This first weekend of February brings us Superbowl festivities, but if that’s not your thing, our weekend family fun guide has you covered either way.
Posted by Nydia Streets of Streets Law in Florida Divorce
Discovery in a Florida family law case involves the exchange of documents and other evidence which each party uses to build his/her respective case. Generally each party is required to timely comply with discovery requests unless there is a valid objection raised. Failure to follow orders compelling discovery can result in a party’s defenses and claims being stricken, which means the party cannot request certain relief at trial.
Posted by Nydia Streets of Streets Law in Florida Divorce
Are parties sometimes dishonest in Florida family law cases? Of course, but it usually does not turn out well for them. Take the case Brunsman v. Brunsman, 232 So.3d 1175 (Fla. 5th DCA 2018) in which the appellate court actually noted, “While we are compelled to reverse portions of the final judgment, we note that many of the issues resulted from Former Husband’s lack of veracity and the parties’ failure to provide the court with the information necessary to make a sound decision.”
Posted by Nydia Streets of Streets Law in Florida Alimony
When either party appeals a final judgment of divorce, can a party seek temporary alimony while an appeal is pending? If so, what standard should be applied to determine if alimony should be awarded under this circumstance? These questions were answered in the appellate case Reidy v. Reidy, 232 So.3d 1053 (Fla. 4th DCA 2018).
Posted by Nydia Streets of Streets Law in Florida Law Procedure
What happens if parties move to a different state while a child support or child custody case is pending in Florida? In the case Ivko v. Ger, 233 So.3d 1269, this issue came up and the trial court’s decision to transfer a paternity case from Florida to Pennsylvania caused the mother to file an appeal.
Posted by Nydia Streets of Streets Law in South Florida Family Events**
It’s the last weekend of January already?! Time flies when you’re having fun and that’s exactly what you’ll do with our weekend family fun guide.
Posted by Nydia Streets of Streets Law in Florida Child Custody
What standard is used to determine whether or not a relocation request is in the best interest of a child in Florida? One appellate case published last year sheds light on this issue by way of a Florida child custody case involving an active duty military parent.
Posted by Nydia Streets of Streets Law in Florida Divorce
Mistakes can happen in a Florida divorce which is why it is important to know the rules and to be vigilant in appealing. In the recent appellate case Julia v. Julia, 4D17-2261 (Fla. 4th DCA 2019), a litany of issues were appealed by the former husband which he argued were major mistakes made in his divorce case. He ended up prevailing on many of the issues.
Posted by Nydia Streets of Streets Law in Florida Child Custody
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a codified set of rules which has been adopted by 49 states in the United States. Essentially, it is a set of rules these states agree to follow when it comes to child custody cases so that contradicting rulings are not made in cases when parties move to different states or try to file cases in multiple states. One appellate case shows us how the the UCCJEA is applied in a multi-jurisdiction case.
Posted by Nydia Streets of Streets Law in Holidays
“Everybody can be great, because everybody can serve.” -Martin Luther King, Jr.
Posted by Nydia Streets of Streets Lawin South Florida Family Events**
A 3-day weekend is on the horizon for some of us and what better way to celebrate than with this week’s edition of our South Florida weekend family fun guide?
Posted by Nydia Streets of Streets Law in Florida Divorce
Divorce can be a very costly process if both parties are not in agreement with how to resolve their differences. In some cases it is more costly because experts such as real estate appraisers, guardian ad litems, and vocational evaluators are needed to make assessments in a case. Forensic accountants may also add to the bill. How do you know if you need one?
Posted by Nydia Streets of Streets Law in Florida Alimony
When is permanent alimony awarded in a Florida divorce? Per the Florida Statutes, it is awarded in long term marriages (defined as 17 years or longer) when no other form of alimony is fair and reasonable given the circumstances of the parties. In Griffitts v. Griffitts, 5D17-2509 (Fla. 5th DCA 2019), we see a reversal of a trial court’s decision to deny permanent alimony in a long term marriage.
Posted by Nydia Streets of Streets Law in Florida Divorce
Who knew that Florida family law cases would allow attorneys to flex their math skills? One recent appellate case puts those skills to the test where a trial court apparently had difficulty calculating the marital portion of a retirement account.
Posted by Nydia Streets of Streets Law in Florida Child Custody
A parent’s right to make decisions affecting the welfare of a child is considered to be so important in Florida family law that there is a presumption that equal decision-making authority for both parents is in the best interest of the child. This is called shared parental responsibility. However, under certain circumstances, a Florida family court will award sole decision-making authority to one parent.
Posted by Nydia Streets of Streets Law in South Florida Family Events**
We hope the return to school after winter break was peaceful and productive for you all! Here’s your weekend family fun lineup to reward you for your fortitude.
Posted by Nydia Streets of Streets Law in Florida Child Support
Imputing child support in a Florida child support case requires more than a hunch that a parent is not earning his or her full potential in salary. A party seeking to impute income to the other parent must show the parent is voluntarily underemployed or unemployed, and the amount of income to impute. In the case Windsor v. Windsor, 1D19-764 (Fla. 1st DCA 2018), we see this standard applied to a real life set of facts.
Posted by Nydia Streets of Streets Law in Florida Alimony
When parties agree to alimony terms in Florida, those terms supersede the Florida Statutes as it relates to payment of spousal support. In the case Inman v. Inman, 2D19-482 (Fla. 2d DCA 2018), a stipulated divorce decree was originally entered which stated the former husband would pay $800 per month to the former wife until the former wife’s death. The former husband sought termination of his alimony obligation, or in the alternative, modification.
Posted by Nydia Streets of Streets Law in Florida Name Change
For some, the saying, “New year, new me” means a fresh start that includes changing a legal name. A person who is not changing his or her name due to marriage has the right to do so in Florida so long as certain requirements are met.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Many parties to Florida child custody cases want to know, “Can I have the other parent undergo a psychological evaluation?” The answer to this question is the classic lawyer response: It depends. Florida law relies on a two-part analysis to determine if such an evaluation is warranted: (1) The examination must be related to a matter in controversy and (2) the party requesting the exam must show good cause exists for it.