Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Florida family courts are courts of equity. This means the court has discretion with regard to certain aspects of a case to “balance the scales”. One such aspect is attorneys’ fees and costs. In a Florida family law case, attorneys’ fees can be awarded to a party based on a need and ability to pay analysis.
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a party has a pending petition for relocation in Florida, that party can file a motion for temporary relocation so that the party does not have to wait until a final hearing if relocation must happen immediately due to a job offer or other exigent circumstance. In the case Miller v. Miller, 1D19-843 (Fla. 1st DCA July 16, 2019), the mother appealed an order granting temporary relocation for the father.
Posted by Nydia Streets of Streets Law in Florida Child Support
A central and interesting issue in a recent Florida appellate case involved the determination of the former wife’s income in computing Florida child support. In the case Jackson v. Jackson, 1D18-3533 (Fla. 1st DCA July 9, 2019) the former husband contended, among other arguments, that the trial court erred in failing to consider as income for the former wife her non-taxed disability and reemployment assistance payments.
Posted by Nydia Streets of Streets Law in South Florida family events**
For many in South Florida, this is the last weekend before school starts - how exciting! Celebrate back-to-school with our weekend family fun guide which is filled with biking fun, festivals, Comicon and more.
Posted by Nydia Streets of Streets Law in Florida Child Support
When a party wants to modify a Florida child support award, does it matter if the original support amount was ordered versus agreed-to by the parties? If a party is seeking a decrease in Florid child support, then yes, the fact that the parties agreed to an amount matters. The case Medalie v. Sparks, 4D18-1887 (Fla. 4th DCA July 10, 2019) explains this.
Posted by Nydia Streets of Streets Law in Florida Child Custody
It is important to note that if a party wants certain relief in his or her Florida family law case, that party must request the relief in pleadings. This is because the general rule is that if you do not ask for something, the court cannot award it. By asking for something in pleadings, a party is giving fair notice to the other party what to expect in the case. This rule was illustrated in the recent appellate case Ducali v. Ducali, 1D17-1002 (Fla. 1st DCA July 9, 2019).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Due process is required in Florida family law cases. This refers to the opportunity for each party to present his or her side of the case with fair notice. When a court takes action without notifying the parties or when there is no pending motion on the action taken, this usually results in a due process violation. Such was the case in Singer v. Singer, 4D18-1170 (Fla. 4th DCA July 3, 2019).
Posted by Nydia Streets of Streets Law in Florida Divorce
A recent Florida appellate case examines whether or not a decision during the marriage to purchase credit for premarital years of employment for a pension plan renders the pension a marital asset. This issue arose in the case Martin v. Martin, 1D18-2546 (Fla. 1st DCA June 20, 2019).
Posted by Nydia Streets of Streets Law in South Florida family events**
It’s tax-free weekend! In between your back-to-school shopping, check out our South Florida weekend family fun guide.
Posted by Nydia Streets of Streets Law in Florida Alimony
A former spouse who agreed to pay over $20,000.00 per month in permanent, non-modifiable alimony was found in contempt for his failure to pay this amount for about 9 years straight. He appealed in the case Accardi v. Accardi, 4D18-1669 (Fla. 4th DCA June 12, 2019).
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.
