Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Divorce
Many Florida marital settlement agreements contain a clause that states each party will pay his or her own attorneys’ fees and costs. How far does this attorneys’ fee waiver go? One recent appellate case explores whether the waiver covers future litigation such as modification or enforcement proceedings.
Posted by Nydia Streets of Streets Law in Holidays
We remember and are grateful for all of the brave men and women who made the ultimate sacrifice while serving their country. Best wishes to you and your families for a safe and well-spent Memorial Day.
Posted by Nydia Streets of Streets Law in South Florida family events
Hey, three-day weekend, we’ve missed you! Our weekend family fun guide is here to help you enjoy your Memorial Day holiday.
Posted by Nydia Streets of Streets Law in Florida Divorce
What is the correct venue for a Florida divorce? According to Florida law, it is the county in which the parties last resided during the intact marriage. There is an important distinction between incorrect venue and inconvenient venue as stated in the case Knapp v. Knapp, 1D17-2869 (Fla. 1st DCA February 28, 2019).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a non-party to a Florida divorce is subpoenaed to provide information relevant to the case, the non-party usually must comply. However, if the non-party objects, a hearing should be held to determine if the objection is valid and/or whether the scope of the subpoena should be more limited.
Posted by Nydia Streets of Streets Law in Florida Divorce
A party who disagrees with a court ruling in a Florida divorce has the right to challenge that ruling in various ways. One method (which is often required before the party can appeal to a higher court) is to file a timely motion for rehearing and/or reconsideration after a final judgment is entered. With this motion, a party can ask a court to “fix” mistakes the court may have made in entering the final judgment, such as overlooking certain evidence, not applying the correct standard of law, not making required findings, etc. As one recent appellate case shows, it is important to ask for certain relief that extends beyond a motion for rehearing in order to preserve a claim to that relief.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Florida child support orders can be secured by a requirement that a parent ordered to pay child support also maintain a life insurance policy with sufficient coverage to protect the award of support. However, before a court can order this, it must make certain findings.
Posted by Nydia Streets of Streets Law in South Florida family events
We hope you had a great week! Cap it off with our weekend family fun guide which includes moonlight canoeing, a Children’s Day celebration, and much more!
Posted by Nydia Streets of Streets Law in Florida Child Custody
In order for a parent to relocate, a parent must comply with the mandates of Florida Statute Chp. 61.13001. Specifically the parent must obtain the written permission of the other parent or obtain a court order allowing relocation. In the case Allende v. Veloz, 3D18-10 (Fla. 3d DCA February 20, 2019) the mother did not follow the statute and obtain the oral consent of the father to move from Miami to Orlando with the parties’ child.
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.
