Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Alimony
A party who wants alimony without having to file a petition for divorce can seek it under Florida Statute Chp. 61.09. This is referred to as a Petition for Support Unconnected with Dissolution of Marriage. The recent family law case Levy v. Levy, 4D18-3535 (Fla. 4th DCA April 17, 2019) involves this type of petition.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A petition for protection against domestic violence can be filed on behalf of a minor child who is the victim of abuse. When filing such a petition it is important to follow rules regarding the submission of evidence to the court to avoid the loss of important protection for a child. We see this play out in the case Hussey v. Lara, ex. rel., 3D18-259 (Fla. 3d DCA April 10, 2019).
Posted by Nydia Streets of Streets Law in South Florida family events**
Happy Summer Solstice! Celebrate the first official days of summer with our South Florida weekend family fun guide.
Posted by Nydia Streets of Streets Law in Florida Alimony
When a party falls behind on Florida support payments, he or she may be held in contempt of court. When this happens, usually the party is ordered to become current on support payments within a certain amount of time. Additionally, an amended income withholding order may be entered which allows for extra amounts to be taken from the obligor’s paycheck to satisfy any arrearage and/or attorneys’ fees amounts. This is what happened in the recent Florida family law case Moore v. Holton, 2D18-2672 (Fla. 2d DCA April 12, 2019).
Posted by Nydia Streets of Streets Law in Florida Divorce
In a recent Florida family law case, the former husband appealed the trial court’s determination of a parenting plan, retroactive child support, and ongoing child support. The case Johnson v. Johnson, 5D17-4093 (Fla. 5th DCA April 5, 2019) sheds light on what could be considered common mistakes with regard to these issues.
Posted by Nydia Streets of Streets Law in Florida Child Support
When a parent is unemployed at the time Florida child support is calculated, the parent may be imputed to minimum wage or a level of income consistent with his or her earning history and capacity. However, there are some instances in which a parent is unable to work at all on a temporary basis. In such cases, the parties may agree to postpone the implementation of a child support order pending the parent’s employment. Such was the case in Paulette v. Rosetta, 5D18-264 (Fla. 5th DCA April 5, 2019).
Posted by Nydia Streets of Streets Law in Florida Child Support
Florida Rule of Family Law Procedure 12.540 allows a party to file a motion to set aside a judgment based on fraud, mistake or excusable neglect. In alleging fraud, a party must point to specific acts and show that the opposing party knowingly committed fraud. In the case Corrigan v. Vargas, 5D18-2158 (Fla. 5th DCA April 5, 2019), the appellate court reviewed a trial court’s decision to set aside a final judgment as to child support based on the father’s representation that fraud was committed in determining his income at mediation.
Posted by Nydia Streets of Streets Law in South Florida family events**
Happy Father’s Day weekend! Celebrate your favorite guy(s) with our weekend family fun guide.
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a party fails to follow a Florida child custody order, he or she can be held in contempt of court. Sanctions may include community service to be performed by the parent not in compliance and make-up time-sharing for the other parent. However, time-sharing cannot be modified as a sanction absent certain factors as stated in the case Andre v. Abreu, 3D17-1747 (Fla. 3d DCA March 27, 2019).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What does it take to dissolve an injunction in Florida? Essentially, the movant must show there has been a change in circumstances such that the underlying situation which gave rise to the injunction no longer exists. We see this concept analyzed in the case Trice v. Trice, 2D17-3673 (Fla. 2d DCA March 20, 2019).
Posted by Nydia Streets of Streets Law in Florida Child Support
When a parent fails to pay child support in Florida, he or she can be held in contempt of court. The consequences of this may include incarceration, fines and suspension of a driver’s license, among other punishments. Before a parent is held in contempt, Florida law contains certain safeguards that promote a fair process. This is evident in the case Seaman v. Seaman, 5D18-2020 (Fla. 5th DCA March 22, 2019).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What is a parent supposed to do if a child refuses to go with the other parent during a court-ordered visitation exchange? This situation arose in the case Akre-Deschamps v. Smith, 2D17-4837 (Fla. 2d DCA March 20, 2019) after which the mother was held in contempt when the parties’ daughter refused to board a plane with the father during a time-sharing exchange.
Posted by Nydia Streets of Streets Law in South Florida family events**
School is out for most of South Florida, and it’s National Doughnut Day! Could Friday be any sweeter? Yes, with our weekend family fun guide, of course!
Posted by Nydia Streets of Streets Law in Florida Alimony
What is enough to overcome a presumption for permanent alimony in a long-term marriage? An analysis of the factors listed in Florida Statute Chp. 61.08 is what the court must consider in determining how much alimony to award and for how long. In the case Gilliand v. Gilliand, 5D17-4100 (Fla. 5th DCA, March 15, 2019), the former wife appealed the trial court’s decision to award her durational alimony rather than permanent alimony based primarily on her age, good health and work history.
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.
