Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Divorce
Are worker’s compensation benefits subject to equitable distribution in a Florida divorce? This was an issue appealed in the recent appellate case Griffin v. Griffin, 1D18-4078 (Fla. 1st DCA June 7, 2019). As with most issues in Florida family law cases, the answer is “It depends.”
Posted by Nydia Streets of Streets Law in Florida Child Support
Credit can be given to a parent in a Florida child support calculation for anticipated travel expenses associated with exercising timesharing. For example, if one parent lives in Florida and the other lives out of state, if the parent paying child support will incur significant costs in exercising timesharing, the court may enter an order reducing a child support obligation to account for those costs. In Smith v. Smith, 1D18-2771 (Fla. 1st DCA June 7, 2019), the former husband appealed an order which retroactive modified his child support obligation after he was granted a credit for timesharing travel expenses.
Posted by Nydia Streets of Streets Law in Florida Alimony
When a party who is ordered to pay alimony retires, he or she may be able to seek a modification or termination of the alimony obligation. This issue was discussed in the case Holder v. Lopez, 1D18-1870 (Fla. 1st DCA June 7, 2019) in which the trial court denied the former husband’s petition to terminate alimony after he retired at age 65.
Posted by Nydia Streets of Streets Law in South Florida family events**
Summer fun continues with our South Florida weekend family fun guide! A carnival, a plant-based festival, an autism family field trip and more await you.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
It is well-established that an appeal must be filed within 30 days of the date an order is entered, or the appellate court has no jurisdiction to consider an appeal. But does this mean the accompanying filing fee must also be paid before the clerk must accept the notice of appeal for filing? This issue arose in the case Burns v. Burns, 4D19-0124 (Fla. 4th DCA June 5, 2019) in which the former husband attempted to file his notice of appeal on the 30th day, but it was not docketed until the next day, calling into question the viability of his appeal.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Although we hope that divorcing parents can have an amicable relationship for the sake of their children, this is not always the case. In extreme circumstances, one parent may put the children in the middle of conflict with the other parent to the children’s detriment. This was the case in Schot v. Schot, 4D18-1607 (Fla. 4th DCA May 29, 2019) in which the former wife appealed an order granting the former husband’s request for equal timesharing based on her exacerbation of one child’s medical condition.
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!
