Miami family law attorney blog
Posted by Nydia Streets of Streets Law in South Florida family events**
Between Art Basel, ice skating, holiday festivals and more, this weekend probably can’t get any better! Check out this week’s edition of our South Florida weekend family fun guide.
Posted by Nydia Streets of Streets Law in Florida Alimony
When a party agrees to pay a certain amount of Florida alimony or child support, and the party subsequently wants to modify the payments to reduce them, is there a heavier burden of proof than when the amount established for support is by court order? This issue arose in the case Knowlton v. Knowlton, 1D18-5131 (Fla. 1st DCA October 1, 2019) in which the former husband appealed an order denying his petition to modify previously agreed-upon spousal support and child support payments.
Posted by Nydia Streets of Streets Law in Florida Child Custody
A finding of parental alienation in a Florida child custody case sometimes requires that extreme measures be taken in order to rectify or save a relationship between a parent and a child. In the appellate case Foreman v. James, 3D19-1802 (Fla. 3d DCA October 2, 2019), a mother appealed the trial court’s decision to order expensive reunification therapy that involved her having no contact with her daughter for more than 90 days based on a finding that the child was being alienated from her father.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
In a second attempt to obtain a domestic violence injunction, a party was again instructed via an appellate opinion what constitutes stalking. The case Reid v. Saunders, 1D18-1562 (Fla. 1st DCA September 25, 2019) was before the court for a second time in two years based on an ongoing feud between two women.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
In a twisted tale in which a former nanny was accused of stalking a family after she was fired from her job as the family’s nanny, a Florida appellate court considered the nanny’s appeal of a permanent injunction entered against her. In the case Auguste v. Aguado, 3D19-394 (Fla. 3d DCA September 25, 2019), the court examined how and if the allegations of stalking against the nanny were sufficient to support the entry of a permanent injunction.
Posted by Nydia Streets of Streets Law in South Florida family events**
Holiday shopping, leftovers and our South Florida weekend family fun guide - what could be better?!
Posted by Nydia Streets of Streets Law in Holidays
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A petition for injunction against dating violence is appropriate in Florida when a party fears he or she is in immediate danger of becoming the victim of an act of violence. The case Schultz v. Moore, 5D18-2774 (Fla. 5th DCA September 27, 2019) goes over what allegations are sufficient to support the entry of an injunction against dating violence.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
The recent appellate case Becker v. Becker, 3D19-1493 (Fla. 3d DCA September 18, 2019) explores the issue of the disqualification of a judge in a Florida divorce. In this case, the judge was previously represented by the lawyer representing the wife in a case pending before the judge. The former husband appealed an order denying his motion to disqualify the judge from presiding over the case.
Posted by Nydia Streets of Streets Law in Florida Child Support
Are expenses paid by an employer considered income for purposes of calculating Florida child support? This question was answered in the case Mikhail v. Mikhail, 2D18-2153 (Fla. 2d DCA September 20, 2019) in which the former husband appealed a Florida divorce court’s order on child support because the court did not take into account the former wife’s automobile expenses paid by her employer.
Posted by Nydia Streets of Streets Law in South Florida family events**
As you gear up for Thanksgiving, our South Florida weekend family fun guide is here to help you have a ball along the way. You can peruse selections at the annual Miami Book Fair, see a miracle on 136th Street, support ocean conservation and more!
Posted by Nydia Streets of Streets Law in Florida Divorce
One party may be ordered to pay the other party’s attorneys’ fees and costs in a Florida divorce when that party earns significantly more than the other party or there was frivolous litigation. In Quigley v. Culbertson, 3D19-28 (Fla. 3d DCA September 18, 2019), the former wife appealed a trial court’s order that she pay significant attorneys’ fees and costs to the former husband for post-judgment litigation that spanned two and a half years.
Posted by Nydia Streets of Streets Law in Florida Child Custody
In a case of special circumstances, a non-biological parent was granted parental rights of a child born during a marriage in the case Thomas v. Joseph, 1D19-0102 (Fla. 1st DCA September 18, 2019). The parties in this case were involved in post-judgment litigation in which the parental rights of the non-biological parent were cancelled by the trial court’s order.
Posted by Nydia Streets of Streets Law in Florida Child Custody
As often happens in life, people move from city to city, state to state and even country to country. When a Florida child custody case is open, these moves may complicate issues related to jurisdiction. In the recent appellate case Bock v. Vilma, 3D19-1691 (Fla. 3d DCA September 11, 2019), an issue arose as to jurisdiction when the mother relocated to Maryland following residence in Florida with the parties’ minor child during a child custody case that stemmed from a Louisiana child custody order.
Posted by Nydia Streets of Streets Law in Florida Divorce
What is a summary judgment in a Florida divorce and when is it granted? When a party files a motion for summary judgment, he or she is saying to the court that there is no dispute as to one or all of the issues in the case, and there is no need to go to trial on those issues because it would be a waste of time where certain facts are undisputed. So summary judgment is granted when a party shows that both sides admit certain facts that are elements of a claim made in a case. The recent appellate matter Rios v. Quiala, 3D18-898 (Fla. 3d DCA September 11, 2019) is an example of summary judgment and how it is applied in a Florida family law case.
Posted by Nydia Streets of Streets Law in South Florida family events**
Do you feel the holiday spirit yet? If not, our South Florida weekend family fun guide is here to help you! Among holiday events, you can have fun at a Greek festival, attend a taco festival, and more.
Posted by Nydia Streets of Streets Law in Florida Divorce
When one spouse purchases a home using funds earned prior to the marriage, is that spouse entitled to a credit in a Florida divorce for those funds? This issue arose in the recent appellate case Erdman v. Erdman, 5D18-3043 (Fla. 5th DCA September 13, 2019) in which the former wife appealed the trial court’s decision to award the former husband more than 50% equity in the marital home based on the former husband’s claim that the down payment on the home came from funds he earned prior to marriage.
Posted by Nydia Streets of Streets Law in Florida Divorce
In a unique and unfortunate case involving arson and a Florida divorce, a Florida appellate court considered the appeal of a former husband who opposed the trial court’s decision to award the former wife all of the marital assets and to freeze his entire employee stock ownership plan despite only awarding the former wife half of it. The case is titled Hardy v. Hardy, 1D17-277 (Fla. 1st DCA September 9, 2019).
Posted by Nydia Streets of Streets Law in Florida Child Custody
How do you know if a Florida court has jurisdiction over your child custody case? The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a set of rules adopted by a majority of states which sets the standard for how a child custody case involving more than one state is to be handled. Sometimes, because parties move with their children before, during or after a child custody case is initiated, it may not be clear whether or not Florida has jurisdiction to rule on issues related to a parenting plan. This issue is highlighted in the case Awad v. Noufal, 2D18-3448 (Fla. 2d DCA September 13, 2019).
Posted by Nydia Streets of Streets Law in Holidays
“To us in America the reflections of Armistice Day will be filled with solemn pride in the heroism of those who died in the country's service, and with gratitude for the victory, both because of the thing from which it has freed us and because of the opportunity it has given America to show her sympathy with peace and justice in the councils of nations.” - President Woodrow Wilson on the first Veterans Day.
