Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party fails to follow a Florida family court order, that party may face sanctions which include monetary fines. Before a court can order such sanctions, certain steps and procedures must be followed in order to preserve each party’s right to due process. This is illustrated in the case Alonso v. De Zarraga, 3D18-1127 (Fla. 3d DCA May 29, 2019).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent relocates before a court approves his or her petition to do so, is the parent entitled to modification of the timesharing schedule in the event the petition is ultimately denied? This question was answered in the case Hull v. Hull, 5D18-1517 (Fla. 5th DCA May 31, 2019) in which the former husband sought to relocate to Oregon with the parties’ minor children.
Posted by Nydia Streets of Streets Law in South Florida family events**
Today is International Day of the Girl Child, a day which, according to Wikipedia “supports more opportunity for girls and increases awareness of gender inequality faced by girls worldwide based upon their gender.” So lets celebrate our girls while having some family fun with your South Florida weekend family fun guide!
Posted by Nydia Streets of Streets Law in Florida Alimony
What is nominal alimony in Florida and when is it appropriate to award it? This issue arose in the case Shaw v. Shaw, 2D18-331 (Fla. 2d DCA May 31, 2019) in which the former wife, a veterinarian, appealed the trial court’s decision to deny her permanent nominal alimony in her Florida divorce.
Posted by Nydia Streets of Streets Law in Florida Divorce
Several issues regarding alimony, child support, equitable distribution and a parenting plan were disputed in a Florida appellate case ruled on earlier this year. In the case Walker v. Walker, 2D17-4575 (Fla. 2d DCA May 31, 2019), both the former husband and the former wife disputed major portions of their final judgment of divorce, and asked the appellate court to reverse ruling on key issues.
Posted by Nydia Streets of Streets Law in Florida Alimony
When a court determines a party is underemployed or voluntarily unemployed for purposes of calculating Florida alimony, can it postpone imputation of income until the party is in a position to obtain employment? This issue arose in the case Horowitz v. Horowitz, 2D18-2074 (Fla. 2d DCA May 29, 2019).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is a lis pendens in Florida? This is a notice regarding real property which is recorded in public records and alerts the public to the fact that there is pending litigation concerning the property. The purpose of it is to give notice to any interested parties that title to the property is not clear and is in dispute. A party in a Florida divorce case might seek to put a lis pendens on a property because he or she wants to prevent the other party from selling or otherwise disposing of the property before the court makes a decision regarding who owns the property. The case Rokosz v. Haccoun, 3D18-2459 (Fla. 3d DCA June 5, 2019) shows what limits can be placed on a lis pendens.
Posted by Nydia Streets of Streets Law in South Florida family events**
October is here along with your South Florida weekend family fun guide! Dive into fall by visiting a pumpkin patch, participating in a scarecrow contest and more.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
How long after a trial is a final judgment issued in a Florida divorce case? Usually, final judgments are issued within a short time after the hearing, but in some cases, it can take several months. This may cause distress for some parties who are waiting for alimony or child support to be paid, for example. While there is no rule that states a deadline for a judge to enter a final judgment after a trial, the delay must be reasonable as indicated in Saboff v. Saboff, 5D18-3123 (Fla. 5th DCA June 7, 2019).
Posted by Nydia Streets of Streets Law in Florida Divorce
How much does a Florida divorce court rely on expert testimony? In many cases, expert testimony is helpful in shedding light on complicated issues. The most common type of expert in a Florida divorce case is a forensic accountant. This type of expert usually testifies regarding equitable division of assets and debts in a marriage, and how much alimony should be awarded based on the incomes and spending of the parties. While an expert is helpful, the court must be careful not to rely solely on the expert’s testimony in reaching conclusions about the case, as illustrated in Tritschler v. Tritschler, 2D18-761 (Fla. 2d DCA June 7, 2019).
Posted by Nydia Streets of Streets Law in Florida Child Custody
After a final judgment is entered in a Florida child custody case, the parties have the opportunity to file what is called a motion for rehearing or reconsideration. This motion calls the court’s attention to evidence or law which may have been overlooked or misinterpreted by the court. If the court decides that a rehearing or reconsideration is warranted, it may enter an amended final judgment, but the court must conduct a hearing first as explained in Thomas v. Cromer, 3D18-140 (Fla. 3d DCA June 12, 2019).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Discovery in a Florida family law case is the process in which parties request documents or other evidence from each other or even third parties in an effort to investigate and prove claims made in the case. The most common type of discovery in a Florida divorce case are financial documents - bank records, income statements, business records, and the like. In the case Hall v. Hall, 5D18-1608 (Fla. 5th DCA June 14, 2019), we see what happens when a third party is subpoenaed for information and an objection is raised by that third party.
Posted by Nydia Streets of Streets Law in South Florida family events**
It’s fall, y’all! Cozy up with the family and enjoy game night, support autism fundraising, celebrate Rosh Hashanah, and more with our South Florida weekend family fun guide.
Posted by Nydia Streets of Streets Law in Florida Child Custody
It is not unusual for a judge to request both parties to submit their proposed final judgment after a hearing. Each party thus has the opportunity to insert in the order the findings and conclusions of law the party feels supports his or her position in the case. Of course, said findings and conclusions should be limited to what was actually presented at the hearing. In the case Trainor v. Cisneros, 3D18-921 (Fla. 3d DCA June 12, 2019), the former wife appealed a final judgment prepared by the former husband and adopted by the court.
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.
