Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Alimony
Imputing income to a party for purposes of calculating support is a process which requires specific proof and findings. In the case Frerking v. Stacy, 5D18-2327 (Fla. 5th DCA March 15, 2019), we review a trial court’s decision to award durational, rather than permanent, alimony in a long-term marriage based in part on speculated employment opportunities for the former wife.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Florida family courts have ruled repeatedly that a parent cannot be ordered to have supervised timesharing without specified steps that lead to unsupervised timesharing. Additionally, a court cannot delegate timesharing decisions to one parent. These holdings are found in the recent appellate case Lightsey v. Davis, 4D18-2848 (Fla. 4th DCA March 6, 2019).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party voluntarily dismisses a Florida family law case, the court no longer has jurisdiction over the dismissed case. This means the same case cannot be re-opened and re-litigated. A party wishing to proceed again on the case needs to file a new case under a new case number. In the recent appellate case Carlton v. Zanazzi, 2D18-603 (Fla. 2d DCA March 6, 2019), the court reviewed a case in which a divorce was dismissed but then later re-filed under the previous case number.
Posted by Nydia Streets of Streets Law in South Florida family events
Summer vacation, is that you knocking? As the school year winds down and the weather heats up let our South Florida family fun guide fill your weekend with fun.
Posted by Nydia Streets of Streets Law in Florida Divorce
Is a party allowed to cash out his or her retirement plan to pay off debts while a Florida divorce is pending? This situation arose in the case Welton v. Welton, 4D18-1516 (Fla. 4th DCA March 6, 2019) in which the former husband appealed a trial court order that found he committed intentional misconduct when he depleted his retirement account to pay marital and separate debts. The former husband also appealed the trial court’s valuation of his stock and the amount he was to receive from a trust.
Posted by Nydia Streets of Streets Law in Florida Divorce
A recent appellant case in which child support, equitable distribution and attorneys’ fees were appealed sheds light on interesting issues that may arise when a final judgment is entered. The case Mattison v. Mattison, 5D18-304 (Fla. 5th DCA March 8, 2019) involved a less than three-year marriage with two minor children.
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).
