Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent fails to timely object to a petition for relocation, does the burden of proof as to the best interest of the children shift to the non-relocating parent? This question was answered in the appellate case Sanabria v. Sanabria, 3D17-1821 (Fla. 3d DCA February 20, 2019).
Posted by Nydia Streets of Streets Law in Florida Child Support
Calculating a parent’s income for purposes of establishing child support in Florida requires the court to make findings regarding a parent’s gross income and the net income after allowable deductions. Florida Statute Chp. 61.30 lists what is considered gross income and the deductions that will be used to arrive at a parent’s net income.
Posted by Nydia Streets of Streets Law in Florida Divorce
Can property a spouse owned before marriage be transformed into marital property? Yes, in some instances, but usually the transformation is intentional, such as a gift to the other spouse. In instances in which it is not intentional, however, the spouse claiming that non-marital property has been transformed has the burden of proving this to the court.
Posted by Nydia Streets of Streets Law in South Florida family events
Mother’s Day weekend is here, and if you need help finding ways to celebrate the wonderful women in your life, look no further than our South Florida weekend family fun guide!
Posted by Nydia Streets of Streets Law in Florida Child Custody
A parent’s failure to follow a Florida parenting plan may result in that parent being held in contempt of court. But in order to be held in contempt, a final judgment must clearly and definitively direct a party regarding his or her obligations under the order. We see this principle at play in the recent appellate case Cancino v. Cancino, 3D17-601 (Fla. 3d DCA February 13, 2019).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Can a stalking injunction be entered based on a spouse’s access to vehicle safety systems such as OnStar? In one recent appellate case, a former husband appealed the entry of an injunction against him where he was accused of following his former wife’s whereabouts via the OnStar system installed in a vehicle purchased during the parties’ marriage.
Posted by Nydia Streets of Streets Law in Florida Alimony
Imputation of income to a spouse for purposes of determining a Florida alimony and/or child support claim must be supported by competent, substantial evidence. This is illustrated in the recent appellate case Alvarez-Reyes v. Fernandez-Gil, 3D17-2676 (Fla. 3d DCA February 6, 2019).
Posted by Nydia Streets of Streets Law in Florida Divorce
Throughout a marriage, one spouse or the other may gift substantial money to family members. Can these gifts be held against the spouse who gave the money away when it is time to divorce? What about monetary gifts received from family members - can these funds be used to determine a spouse should not receive alimony or an award of attorneys’ fees in a Florida divorce? The recent appellate case Sarazin v. Sarazin, 1D17-5237 (Fla. 1st DCA February 5, 2019) examines these issues.
Posted by Nydia Streets of Streets Law in South Florida family events
Cinco de Mayo weekend is upon us and with it, your South Florida family fun guide!
Posted by Nydia Streets of Streets Law in Florida Divorce
If one spouse pays the mortgage while a divorce is pending, is that spouse owed a credit in equitable distribution for one-half of the mortgage payments made? This was a question answered in the recent appellate case Matthews v. Matthews, 2D17-2834 (Fla. 2d DCA 2019 February 8, 2019).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Although Florida parenting plans signed by both parents are considered enforceable contracts, they are subject to approval by the court. If a parent raises a concern about a parenting plan after it is signed, but before the court enters an order ratifying the plan, the court must consider the best interest of the child.
Posted by Nydia Streets of Streets Law in Florida Child Support
Attorneys’ fees can be awarded in a child support case, including modification matters. In the case Scire v. Hoffman, 4D18-1606 (Fla. 4th DCA 2019), the father appealed an order awarding attorneys’ fees and costs to the mother in a modification of child support. The court awarded over $16,000 in fees to the mother, payable to the father in equal monthly installments over a 5-year period.
Posted by Nydia Streets of Streets Law in Florida Divorce
Divorcing spouses no longer want to be in a marriage together, and they may no longer want to be business partners in a jointly-owned corporation. Thus, Florida law favors not forcing ex-spouses to continue to jointly operate and own a marital business. Instead, the court is required to fashion a remedy that takes into account each spouse’s share of the business.
Posted by Nydia Streets of Streets Law in Florida Divorce
Sometimes parties hide assets in a Florida divorce. This results in a spouse not receiving his or her fair share of the marital estate. In the case Rowe-Lewis v. Lewis, 4D18-1982 (Fla. 4th DCA 2019), the former wife appealed an order denying her motion to set aside the final judgment based on the fraud of the former husband in not disclosing all of his assets. The former wife also appealed the court’s denial of her alimony claim.
Posted by Nydia Streets of Streets Law in Florida Divorce
Marriages that end in divorce after decades usually involve substantial assets and an alimony claim. Such was the case in Dorsey v. Dorsey, 1D17-5375 (Fla. 1st DCA 2019). Both parties appealed aspects of the trial court’s final judgment concerning equitable distribution, alimony, child support and attorneys’ fees. Many of the issues appealed allow for judicial discretion, which means the trial court has a choice in choosing between certain remedies for parties.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Drug and/or alcohol abuse can be taken into account in Florida child custody cases. If it is not in the best interest of children to have unsupervised visits with a drug or alcohol addicted parents, the court may order supervised visitation until there is improvement with the parent’s problem. When a parent shows that he or she is managing the addiction, the court can modify a parenting plan, as seen in the case McLendon v. D’Amico, 1D18-2648 (Fla. 1st DCA 2019).
Posted by Nydia Streets of Streets Law in Florida Name Change
Unmarried parents who are involved in a Florida paternity case may dispute a change in the child’s name. In Bowman v. Hutton, 1D18-3400 (Fla. 1st DCA 2019), the parties disputed a change in the child’s last name. The court hyphenated the child’s last name using both parents’ last names and the mother appealed.
Posted by Nydia Streets of Streets Law in South Florida family events
Egg hunts are plentiful this Easter weekend and we found a variety of locations to report to help you maximize your egg gathering! Check out this Easter weekend edition of our South Florida family fun guide.
Posted by Nydia Streets of Streets Law in Florida Child Custody
A Florida child custody order must be based on a consideration of the best interest of the child, giving weight to the factors listed in Florida Statute Chp. 61.13. Even if a parent’s behavior causes prejudice to the other parent, that behavior cannot be the basis for a court to order a child custody arrangement. This rule of law is exemplified in the case Parris v. Butler, 2D18-1932 (Fla. 2d DCA 2019).
Posted by Nydia Streets of Streets Law in Florida Alimony
While it is important to know what you want in your Florida divorce case, it is equally important to know how to ask for it. Your petition for dissolution of marriage in Florida frames the issues in the case and puts the other party on notice regarding what relief you are seeking. Usually, if you do not include something you want in your petition, you cannot get it at trial. The case Lizzmore v. Lizzmore, 1D17-1734 (Fla. 1st DCA, 2019) sheds light on this.
