Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Florida domestic violence hearings present an opportunity for an alleged victim and and alleged abuser to present their respective proof to the court supporting their respective positions. When competent, substantial evidence is unrebutted, a court is within its authority to enter the injunction based on those allegations, as held in the case Taylor v. Price, 4D18-2835 (Fla. 4th DCA May 22, 2019).
Posted by Nydia Streets of Streets Law in Florida divorce
A basic tenet of the legal system is that parties must be put on notice of what they should defend against in a proceeding. This avoids “surprise” attacks in which a party is unable to defend a case properly. This concept is upheld in the case Bordonaro v. Bordonaro, 1D18-4091 (Fla. 1st DCA May 21, 2019).
Posted by Nydia Streets of Streets Law in South Florida family events**
Another weekend is here, and along with it, chances to hunt dinosaurs, see fire trucks, celebrate Shakespeare, and much more!
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
After their relationship soured, the parties in the case Sumners v. Thompson, 1D18-3637 (Fla. 1st DCA May 13, 2019) went their separate ways but not before the alleged victim filed a petition for injunction against dating violence against the alleged abuser. The petitioner alleged she was repeatedly text messaged, called and sent messages on social media by her ex-paramour, in addition to him showing up at her house uninvited.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A co-worker’s alleged inappropriate behavior toward another co-worker was not enough to sustain an injunction against stalking, according to the case Klenk v. Ransom, 1D18-2774 (Fla. 1st DCA May 13, 2019). As the court held, “Although behavior such as that alleged here can be valid grounds for employment action, it does not rise to the level of conduct justifying a stalking injunction.”
Posted by Nydia Streets of Streets Law in Florida Divorce
In Farid v. Rabbath, 1D17-4173 (Fla. 1st DCA May 16, 2019), the former husband took issue with the trial court’s decision to modify the equitable distribution provisions of the parties’ final judgment. Specifically, after both parties were found in contempt of the order to pay each other certain sums, the court re-worked their property settlement agreement to achieve what it deemed an equitable result.
Posted by Nydia Streets of Streets Law in Florida Child Custody
It is anticipated that after a divorce, spouses will move on to new relationships. Most will agree it is in the best interest of the children involved that the spouses and their significant others all get along when it comes to issues that involve the children. In the case Godwin v. Godwin, 4D18-2228 (Fla. 4th DCA May 15, 2019), a main point of contention surrounded the former husband’s girlfriend’s presence at the children’s doctor’s appointments.
Posted by Nydia Streets of Streets Law in South Florida family events**
Random fact: Today is National “Eat Your Jell-O Day”! Whether or not Jell-O is your thing, we know you’ll find something to enjoy with the family in this edition of our South Florida weekend family fun guide.
Posted by Nydia Streets of Streets Law in Florida Divorce
In Zubricky v. Zubricky, 4D18-2196 (Fla. 4th DCA May 15, 2019), a discussion about a former wife’s appeal of a trial court’s decisions on alimony and on equitable distribution highlights the factors an appellate court will consider with regard to both issues.
Posted by Nydia Streets of Streets Law in Florida Divorce
A Florida divorce case can take a year or more to get to a final hearing or trial. Sometimes parties need relief immediately such as alimony, child support or time-sharing, and cannot wait the year or more to get it. This is why Florida family law allows the award of temporary relief on these issues and many more. In the case Jooste v. Jooste, 4D18-2736, May 8, 2019), the wife appealed a decision on her motion for temporary alimony, child support and attorneys’ fees and costs.
Posted by Nydia Streets of Streets Law in Florida Divorce
In the appellate case Goley v. Goley, 1D18-9 (Fla. 1st DCA May 6, 2019), the former wife appealed a trial court’s decision to credit real property to her in equitable distribution which she contended reduced her alimony award and affected her entitlement to attorneys’ fees. Although the appellate court found the trial court erroneously concluded the property was marital, it nonetheless affirmed the trial court’s ruling.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A party who is in reasonable and genuine fear for his or her safety has the option to obtain a civil restraining order in Florida known as a domestic violence injunction. However, this order cannot be used to compel neighbors to be nice to each other as we see in the case Stone v. McMillian, 1D17-5332 (Fla. 1st DCA May 2, 2019).
Posted by Nydia Streets of Streets Law in South Florida family events**
Post 4th of July fun is here in our South Florida weekend family fun guide!
Posted by Nydia Streets of Streets Law in Holidays
We wish you and your family a wonderful, fun and safe 4th of July!
Posted by Nydia Streets of Streets Law in Florida Family Child Support
When parties have more than one child in common, it is important that a Florida child support order include provisions which specify how much child support is to be paid as each child turns 18 or otherwise emancipates and is no longer eligible for child support. This issue arose in the recent Florida family law case Stout v. Stout, 4D18-2296 (Fla. 4th DCA May 1, 2019).
Posted by Nydia Streets of Streets Law in Florida Child Support
When circumstances change after a final judgment is entered, either party may be able to petition for modification of the order. When child support payments are at issue, the court must determine whether or not there has been a substantial change in circumstances which was not contemplated at the time the final judgment was entered. In the case Johansson v. Johansson, 4D18-2112 (Fla. 4th DCA May 1, 2019), the former husband appealed an order denying his petition to decrease child support.
Posted by Nydia Streets of Streets Law in Florida Divorce
In most cases, Florida family law judgments cannot make rulings based on future circumstances or events. This is because life changes and circumstances change frequently, so it is impossible to know in present-time whether or not a ruling made today is just or equitable when applied in the future. The recent appellate case Du Perault v. Du Perault, 4D18-1226 (Fla. 4th DCA May 1, 2019) affirms this concept.
Posted by Nydia Streets of Streets Law in South Florida family events**
As June winds down, keep cool with our South Florida weekend family fun guide!
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
As parties who hire lawyers in their Florida family law cases soon realize, in addition to attorneys’ fees, there are costs associated with a case that must be paid as well. From process servers to filing fees and beyond, Florida family law litigation can be expensive. Most lawyers will tell you a court reporter is worth his or her weight in gold, and the appellate case Padgett v. Padgett, 1D17-2217 (Fla. 1st DCA May 2, 2019) tells us why.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
If a party does not agree with a trial court’s decision in his or her Florida family law case, he or she may have the right to appeal the decision. The party must ensure that he or she has followed the appropriate steps to preserve the right to appeal, and this is usually best done through an attorney. As the recent appellate case Browner v. Browner, 1D19-0556 (Fla. 1st DCA April 22, 2019) indicates, knowing something as basic as whether or not it is possible to appeal an order is crucial.
