Posted by Nydia Streets of Streets Law in South Florida Family Events**
The first weekend of March is upon us, and while the weather continues to heat up, stay cool with our weekend family fun guide!
Posted by Nydia Streets of Streets Law in Florida Alimony
When a party seeks to modify his/her alimony obligation or payments, the party can ask the court to retroactively apply any modification so that he or she receives a credit for the alimony amount that should have been paid during the retroactive period. This period is usually limited to the date a party filed a petition for modification. If the court finds alimony should be reduced or increased, it can order that such reduction or increase apply back to the date the petition was filed. If alimony was reduced by $100 per month, for example, and the order was entered 12 months after the petition for modification was filed, the payor might be entitled to a $1,200 credit for over payment of alimony.
Posted by Nydia Streets of Streets Law in Florida Divorce
We see time and time again how language in a Florida marital settlement agreement can be interpreted in multiple ways. Ultimately, how the court interprets the language is what controls, and how the court arrives at that decision is based on established Florida law. In the case Wells v. Wells, 239 So.3d 179 (Fla. 2d DCA 2018), an issue arose regarding the interpretation of a clause of a marital settlement agreement which gave the ex-wife possessory rights over the marital home for what turned out to be a disputed length of time.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When domestic violence threatens a person’s safety, in addition to calling the police, a person has the option of filing a petition for injunction against domestic violence in Florida. The person accused of domestic violence, however, is still entitled to what is known as due process. This basically refers to the person’s right to be sued under “fair” circumstances.
Posted by Nydia Streets of Streets Law in Florida Divorce
When a business interest needs to be divided in a Florida divorce, parties are usually required to hire a forensic accountant to provide expert testimony as to the value of the business, and the accountant usually values it based on the assets held by the business as well as the goodwill associated with the business. In the case Soria v. Soria, 237 So.3d 454 (Fla. 2d DCA 2018), the former husband appealed the trial court’s decision to value his business interest based on the par value of the stock in the business.
Posted by Nydia Streets of Streets Law in South Florida Family Events**
It’s the last weekend of February, can you believe it? We hope your year continues to get better, and our weekend family fun guide is here to help.
Posted by Nydia Streets of Streets Law in Florida Divorce
Florida divorces that include substantial assets and income often include claims for alimony and complicated equitable distribution. Such was the case in Burnett v. Burnett, 237 So.3d 447 (Fla. 1st DCA 2018) in which the former husband appealed a final judgment awarding permanent alimony, requiring him to maintain life insurance to secure the alimony award and requiring him to pay 100% of the former wife’s attorneys’ fees and costs.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
While we hope that divorcing couples can part ways amicably, that is not always the case. Unfortunately, the divorce court is sometimes put in the position of referee, having to enter orders that control the conduct of the parties toward each other. This is what happened in the case Ash v. Campion, 247 So.3d 581 (Fla. 1st DCA 2018).
Posted by Nydia Streets of Streets Law in Florida Divorce
A supportive relationship can affect an alimony award before it is even established. That is what happened in the case Bruce v. Bruce, 243 So.3d 461 (Fla. 5th DCA 2018) where at the time of trial, the former wife was residing with her boyfriend.
Posted by Nydia Streets of Streets Law in Florida Alimony
There are multiple types of alimony that can be awarded in Florida for a short time, a moderate amount of time or permanently. What type of alimony is awarded in any specific case depends on what the parties agree on, or if the judge will decide alimony, factors such as the length of the marriage, the contributions of both spouses, and primarily the need of the spouse asking for alimony and the ability of the other spouse to pay it. When parties agree on alimony that is recorded in a marital settlement agreement, it is important that the intent of the parties with regard to alimony is accurately reflected in the wording used in the agreement.
Posted by Nydia Streets of Streets Law in South Florida Family Events**
We hope your week was filled with love! Keep the positive vibes going with our weekend family fun guide which includes a circus, a free movie night, and much more!
Posted by Nydia Streets of Streets Law in Child Custody
Requesting a psychological evaluation in a Florida child custody case requires more than just a “hunch” that a parent has psychological issues. There must be competent and substantial evidence to support such a request, and it must be related to the best interest of the children involved. In the case Curtis v. Reinhardt, 243 So.3d 451 (Fla. 5th DCA 2018), an order requiring an accused sex offender to undergo psychosexual evaluation was appealed.
Posted by Nydia Streets of Streets Law in Florida Prenuptial Agreements
Couples getting divorced in Florida who had a prenuptial agreement entered in another state or even another country may wonder whether or not the agreement will be valid in Florida. The answer to this question as is the case with many other legal questions is “It depends”. Today we review a case in which the parties entered a prenuptial agreement in Israel and in their Florida divorce, the wife objected to enforcement of the agreement.
Posted by Nydia Streets of Streets Law in Florida Child Custody
The way settlement agreements are worded is a very important part of Florida family law cases. If there is ambiguity in a settlement agreement, this can cause uncertainty, confusion and conflict in enforcement of the terms of an agreement. Take for example the case Wohlberg v. Conner, 234 So.3d 841 (Fla. 4th DCA 2018) in which the parties disagreed regarding the meaning of a part of their parenting plan which controlled timesharing.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a party seeks a civil restraining order in Florida, also known as an injunction, there might also be concurrent criminal proceedings arising from the same alleged incident of violence. In this case, the accused might be concerned that being forced to testify in the civil case will jeopardize his or her Fifth Amendment right against self-incrimination in the pending criminal case. Such was the issue on appeal in the case Speegle v. Rhoden, 236 So.3d 498 (Fla. 1st DCA 2018).
Posted by Nydia Streets of Streets Law in South Florida Family Events**
A horse show is in town, along with an arts festival and physical activity to get you and the family moving, plus much more in this edition of our weekend family fun guide.
Posted by Nydia Streets of Streets Law in Florida Divorce
Many married couples acquire several assets throughout their marriage. From small to large items, if assets have value, they can be considered in a Florida divorce case. In the appellate matter Price v. Price, 233 So.3d 525 (Fla. 2d DCA 2018), the former wife appealed a trial court order which failed to distribute certain personal property between the parties.
Posted by Nydia Streets of Streets Law in Florida Paternity
For a male wishing to disestablish his paternity in Florida, time is of the essence. The law places the burden on a man who knows he is not the father of a child to take certain steps to preserve his argument that he should not be legally responsible for the child. The case DOR v. Augustin, 237 So.3d 1123 (Fla. 3d DCA 2018) shows us what steps must be followed in order to disestablish paternity in Florida.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Last year, the Florida Supreme Court was tasked with resolving a conflict between Florida appellate courts regarding the applicability of a motion for attorneys’ fees to a proceeding for an injunction against dating, repeat and sexual violence. Ultimately, in the case Lopez v. Hall, 233 So.3d 451 (Fla. 2018), the Court ruled “57.105” motions as they are known, are permissible in such proceedings.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
An injunction or stay away order is valid for as long as a court order indicates. In some instances, the injunction can be indefinite which means the person ordered to stay away from a victim must do so forever or until an order is entered stating otherwise. A person against whom an injunction is entered carries around a record which can affect his or her chances for employment, among other inconveniences. An injunction can be set aside under certain circumstances.