Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Most Florida divorce cases are resolved during a bench trial. This means a judge, rather than a jury, makes a decision about the issues in the case. Because the judge is one person, many parties fear they may not receive a fair trial if the judge shows bias in favor of one party over the other. This was the issue in the case Higgins v. Higgnis, 5D19-957 (Fla. 5th DCA June 20, 2019) in which the husband appealed an order denying his motion to disqualify the trial court judge.
Posted by Nydia Streets of Streets Law in Florida Child Custody
In order to modify a Florida child custody order, a party must show there is a substantial change in circumstances which was not contemplated at the time the original order was entered. What constitutes a substantial change in circumstances? Changes that substantially impact a parent’s ability to follow the current parenting plan and/or affect the best interest of the parties’ children usually qualify as a substantial change. As with most issues in Florida family law, however, the answer relies on a case-by-case analysis. One such analysis is available in the recent appellate case Hollis v. Hollis, 2D18-2293 (Fla. 2d DCA June 19, 2019).
Posted by Nydia Streets of Streets Law in Florida Alimony
In long-term marriages in Florida, there is a rebuttable presumption that permanent alimony is appropriate. This presumption can be overcome if it is shown that a party would be capable of eventually earning income that would support the lifestyle established during the marriage. A long-term marriage in Florida is one existing for 17 or more years. In the case Molina v. Perez, 3D17-1642 (Fla. 3d DCA June 19, 2019), we examine a matter in which the trial court denied permanent alimony in a long-term marriage.
Posted by Nydia Streets of Streets Law in South Florida family events**
Celebrate Hispanic Heritage Month, celebrate the arrival of fall at a festival, get your crafting fix at an annual festival and more with our South Florida weekend family fun guide!
Posted by Nydia Streets of Streets Law in Florida Child Custody
When are supervised visits ordered in a Florida child custody case? This type of timesharing restricts the affected parent to visits with his or her children only in the presence of a court-appointed supervisor or therapist. The purpose is to ensure the safety of the children and to address any issues that are a barrier to unsupervised visits. As we see in the recent appellate case Pierre v. Bueven, 3D18-1313 (Fla. 3d DCA June 6, 2019), a court order for supervised visits must include specific provisions.
Posted by Nydia Streets of Streets Law in Florida Divorce
Would a spouse be responsible for paying back the other spouse’s student loans in a Florida divorce? Many parties question this, because the thought is that the spouse earning the degree will continue to benefit from it to the exclusion of the other spouse well after the divorce. So why should the the non-degree-earning spouse have to pay for the loans that supported the degree? The recent case Gudur v. Gudur, 2D16-3127 (Fla. 2d DCA June 28, 2019) goes over this issue.
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).
