Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a person is determined to be legally incompetent in Florida, that person is afforded certain protections as it relates to lawsuits filed against the person. In the case Edwell v. Trainor, 5D19-1115 (Fla. 5th DCA October 11, 2019), a Florida domestic violence court’s order was challenged by a party deemed to be incompetent by a court.
osted by Nydia Streets of Streets Law in Florida Domestic Violence
When a relationship ends and one party is not ready to move on, there may be lingering communication from that party to the other in an attempt to reconcile. However, when the other party makes it clear the communication is unwanted, continued attempts to communicate may support a petition for injunction against dating violence in Florida. This was the case in Khan v. Deutschman, 1D18-822 (Fla. 1st DCA October 11, 2019).
Posted by Nydia Streets of Streets Law in Florida Divorce
What happens when a party is accused of hiding assets in a Florida divorce? This issue arose in the case Hess v. Hess, 2D18-3155 (Fla. 2d DCA October 11, 2019) in which the former wife appealed the trial court’s decision to deny her motion to set aside a marital settlement agreement and to enter a final judgment despite her claim that the former husband did not disclose certain U.S. Veterans Administration Department (VA) disability benefits.
Posted by Nydia Streets of Streets Law in South Florida family events**
Snow in South Florida? Yes, in our South Florida weekend family fun guide! Check out the holiday events that are waiting for you in this edition.
Posted by Nydia Streets of Streets Law in Florida Divorce
In a recent Miami divorce case, the former wife appealed various issues related to alimony and equitable distribution. The case Weininger v. Weininger, 3D17-49 (Fla. 3d DCA October 10, 2019) involved allegations of infidelity and misuse of marital funds.
Posted by Nydia Streets of Streets Law in Florida Divorce
Temporary relief orders in a Florida divorce are helpful because they grant a party much-needed assistance without waiting for the entry of a final judgment which can take months or even years. For example, a party may need alimony or child support right away in order to meet his or her living expenses and to take care of their children. While judges in Florida family law cases have great discretion in awarding temporary relief, their orders must meet minimum standards as shown in the recent appellate case Meldrum v. Bergamo-Meldrum, 4D18-3481 (Fla. 4th DCA October 2, 2019).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Ordering a mental health evaluation in a Florida child custody case requires more than a feeling or belief that a parent is “crazy”. The mental health of the parent must first be “in controversy” as defined by Florida case law. If the matter is in controversy, good cause must exist for the evaluation to take place. In the appellate case Reno v. Reno, 1D19-1281 (Fla. 1st DCA October 3, 2019), a former wife appealed a court’s order to have her psychologically evaluated because of the former husband’s allegations that she was falsely reporting him for abusing their child.
Posted by Nydia Streets of Streets Law in Florida Child Support
Keeping your own accounting of your Florida child support payments may help you save money and time that could be spent clearing up what are alleged to be delinquent payments. In the appellate case Robinson v. Robinson, 5D17-1109 (Fla. 5th DCA October 3, 2019), the former husband faced three separate appellate cases that centered around an accounting of how much child support he was accused of owing.
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.
