Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
In yet another case of feuding neighbors seeking injunctions against domestic violence, the matter of Caterino v. Torello, 2D18-1712 (Fla. 2d DCA June 26, 2019) lays out the standard for obtaining an order of protection against stalking. The parties in this case were neighbors involved in a somewhat bitter dispute regarding homeowners’ association issues.
Posted by Nydia Streets of Streets Law in Florida Divorce
In a case which involved judgments from another state, common law marriage and fraudulent money transfers to a new spouse, Florida divorce law application is on display. In the case Kvinta v. Kvinta, 5D17-1348 (Fla. 5th DCA June 28, 2019), the former husband and his current wife were sued by the former wife.
Posted by Nydia Streets of Streets Law in South Florida family events**
You can learn to play lacrosse for free, roam among dinosaurs, win prizes in a fishing derby and more in this edition of our South Florida weekend family fun guide!
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What are the grounds for disqualifying a lawyer in a Florida family law case? The recent appellate case Goff v. Goff, 2D18-3163 (Fla. 2d DCA June 26, 2019) goes over what is required to establish that disqualification of an attorney is appropriate.
Posted by Nydia Streets of Streets Law in Florida Divorce
After a final judgment is entered in a Florida divorce case, parties probably expect to ride off into the sunset and be finished with a former spouse. However, it is common that parties will still have issues post-judgment, even if no children are involved. The case Lapciuc v. Lapciuc, 3D18-1804 (Fla. 3d DCA July 3, 2019) shows us how a dispute concerning a business owned by former spouses mushroomed into what was likely expensive post-judgment litigation.
Posted by Nydia Streets of Streets Law in Florida Divorce
A Florida divorce court can order a party to secure an alimony award with life insurance. However, specific findings must be made. In the case Will v. Will, 2D18-539 (Fla. 2d DCA June 28, 2019), the former husband appealed, among other issues, a requirement that he obtain life insurance to secure his alimony obligation.
Posted by Nydia Streets of Streets Law in Florida Alimony
When a party is unhappy with a Florida divorce court’s ruling, what is the next step? The party may be able to appeal the final judgment, but must be sure to comply with deadlines and procedural requirements. One requirement that is often cited in Florida family law cases is the duty to file a motion for rehearing with the trial court before proceeding with an appeal. The case Engle v. Engle, 2D17-620 (Fla. 2d DCA July 3, 2019) highlights the confusion that this requirement causes among different courts in Florida.
Posted by Nydia Streets of Streets Law in South Florida family events**
We continue to pray for those affected by Hurricane Dorian. If you are looking for ways to donate to help those in need, our weekend family fun guide includes a Bahamian food festival fundraiser happening in Miami on Saturday.
Posted by Nydia Streets of Streets Law in Florida Divorce
Parties who are left in similar financial standing after the distribution of assets and debts in their Florida divorce are usually ordered to pay their own respective attorneys’ fees and costs. This is illustrated in the recent appellate case Ingram v. Ingram, 2D18-3978 (Fla. 2d DCA July 10, 2019). The former husband’s behavior in the case also played a part in the ultimate decision of the court.
Posted by Nydia Streets of Streets Law in Florida Prenuptial Agreements
Parties to a prenuptial agreement in Florida are not viewed as dealing with each other at arms’ length. This means the spouses-to-be are fiduciaries and it is expected that they will be fair, honest and open in entering an agreement with each other. This is why Florida prenuptial agreements are viewed differently than other contracts. In the case Ziegler v. Natera, 3D19-86 (Fla. 3d DCA July 10, 2019), the appellate court considered an appeal of a decision to set aside an antenuptial agreement.
Posted by Nydia Streets of Streets Law in Florida Alimony
A Florida family law court’s decision to decrease a former wife’s monthly alimony payments by 85% led her to appeal the decision in Dunn v. Dunn, 5D18-111 (Fla. 5th DCA July 12, 2019). After considering the former wife’s expenditures and inheritance she was set to receive, the trial court believed it was equitable to reduce the payments from $12,000.00 per month to $1,819.19.
Posted by Nydia Streets of Streets Law in Holidays
According to Wikipedia, “Labor Day in the United States of America is a public holiday celebrated on the first Monday in September. It honors the American labor movement and the contributions that workers have made to the development, growth, endurance, strength, security, prosperity, productivity, laws, sustainability, persistence, structure, and well-being of the country.”
Posted by Nydia Streets of Streets Law in South Florida family events**
Happy Labor Day weekend! While we watch the weather forecast on Tropical Storm Dorian with anticipation, we’re sending best wishes to you all for a safe weekend. This weekend’s South Florida Family fun guide is posted with the reminder that you should reach out directly to the event organizers to confirm any changes to the posted event due to weather or other factors.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
A charging lien can be entered against a party in a Florida divorce case to secure attorneys’ fees from property that is awarded to the party in a final judgment of divorce. Certain requirements must be met before the lien can be imposed, however, as seen in the case Szurant v. Aaronson, 2D18-2092 (Fla. 2d DCA July 17, 2019).
Posted by Nydia Streets of Streets Law in Florida Same-Sex Family Law
In a recent Florida appellate case involving same-sex family law, the court acknowledged “‘the law is slow to address" changes in this area ‘as society and medicine create new factual situations.’" In the case Springer v. Springer, 2D18-2265 (Fla. 2d DCA July 19, 2019), the court considered an appeal by a woman who wanted parental rights and timesharing with a child conceived during her relationship with her former partner.
Posted by Nydia Streets of Streets Law in Florida Alimony
A party who can no longer comply with an order to pay alimony in Florida may file a petition for modification or termination of alimony. In filing a petition, a party re-initiates a lawsuit and the steps to initiate a lawsuit must be followed in order to comply with due process requirements in Florida family law cases. The other party must be served with the petition by a process server. Once served, the other party usually has 20 days to respond to the petition or a default judgment may be entered against the party.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party fails to meet his or her obligations under a Florida child support or alimony order, he or she may be held in contempt of court. The party asking for contempt must show the other party had the ability to comply with the order but chose not to. But before taking the steps to prove this, a party must make sure he or she is in compliance with procedural rules to avoid having an order of contempt overturned on appeal. Such was the case in Hart v. Hart, 3D19-450 (Fla. 3d DCA July 24, 2019).
Posted by Nydia Streets of Streets Law in South Florida family events**
As we head into the last full weekend of August, take some time to relax with the family while enjoying a free movie in the park, arts and crafts, a beach clean-up and more in our South Florida weekend family fun guide!
Posted by Nydia Streets of Streets Law in Florida Alimony
When one spouse earns significantly more income than the other spouse, this does not mean that alimony is automatic in Florida. In order to determine if alimony is appropriate in a Florida divorce and what type should be awarded, the court must perform a “need and ability to pay” analysis. Determination of alimony is made on a case-by-case basis with a basic foundation of what needs to be analyzed to arrive at an equitable amount.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What is needed to obtain an injunction against dating violence in Florida? According to the Florida Statutes, “Any person who is the victim of dating violence and has reasonable cause to believe he or she is in imminent danger of becoming the victim of another act of dating violence, or any person who has reasonable cause to believe he or she is in imminent danger of becoming the victim of an act of dating violence . . . has standing in the circuit court to file a sworn petition for an injunction for protection against dating violence.” 784.046(2)(b), Florida Statutes. The case Stefano v. Long, 2D18-3180 (Fla. 2d DCA August 9, 2019) illustrates how this statute is applied to the specific facts of a case.
