Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
There is little doubt that emotions are intertwined in Florida family law cases. Parties to these cases often feel frustrated and scared in the face of changes that are occurring regarding the most personal aspects of their lives. As a result, outbursts can occur, and somethings those happen during court proceedings. Such was the case in Manzaro v. D’Alessandro, 4D18-2178 (Fla. 4th DCA October 23, 2019).
Posted by Nydia Streets of Streets Law in South Florida family events**
We hope you had a great couple of weeks of fun, relaxation and good times spent with loved ones! As winter break comes to an end, here is your weekend family fun guide to help you with the transition.
Posted by Nydia Streets of Streets Law in Florida Divorce
When the parties to a Florida divorce sign a settlement agreement, they are held to the terms of the agreement much like any other contract parties enter. In the case Forest v. Estate of Kohl, 4D18-3734 (Fla. 4th DCA October 23, 2019), at issue was a settlement release and the former wife’s effort to enforce it.
Posted by Nydia Streets of Streets Law in Holidays
“In the New Year, never forget to thank your past years because they enabled you to reach today! Without the stairs of the past, you cannot arrive at the future!” - Mehmet Murat Ildan
Posted by Nydia Streets of Streets Law in Florida Child Support
Parties can be ordered to split the costs of uninsured medical expenses for their children in Florida. However, if the terms of the parties’ parenting plan or other agreement puts restrictions on those reimbursements, those restrictions are usually strictly upheld. This is illustrated in the case Neighbors v. Neighbors, 1D18-3582 (Fla. 1st DCA October 24, 2019) in which the former husband appealed an order requiring him to partially reimburse the former wife for their child’s medical bill that was $60,000.00.
Posted by Nydia Streets of Streets Law in Florida Alimony
When a party fails to pay court-ordered Florida alimony, he or she may be held in contempt of court. Before the court can hold a party in contempt, however, there must be an evidentiary hearing with a showing of certain factors. These factors are explored in the case Perez v. Borga, 4D18-3400 (Fla. 4th DCA October 23, 2019).
Posted by Nydia Streets of Streets Law in Florida Child Support
When a party fails to exercise timesharing, and Florida child support is calculated by taking into account the timesharing, support may be modifiable. This issue arose in the appellate case Myers v. Lane, 4D18-3681 Myers v. Lane (Fla. App., 2019) in which the father was found to have abandoned his child.
Posted by Nydia Streets of Streets Law in Holidays
“Christmas is forever, not for just one day. For loving, sharing, giving, are not to put away.” - Norman Wesley Brooks
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
In a case in which former spouses were litigating a modification of Florida child support, the former husband requested information concerning the income of the former wife’s current spouse. When the current spouse objected, an appeal ensued under McFall v. Welsh, 5D19-2275 (Fla. 5th DCA October 25, 2019).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a party is ordered to pay the other party’s attorneys’ fees and costs in a Florida divorce, the next step is to examine the attorneys’ fees and costs purportedly incurred by the other party. Certain fees and costs are not allowed to be included in a fee award as highlighted in the case Kalis v. Kalis, 4D18-3062 (Fla. 4th DCA October 23, 2019).
Posted by Nydia Streets of Streets Law in South Florida family events**
School is out for winter break in South Florida, and next week will be be filled with food, fun and love - can Friday get any better? Yes, with our South Florida weekend family fun guide!
Posted by Nydia Streets of Streets Law in Florida Divorce
When parties in a Florida divorce enter a settlement agreement, that agreement is subject to the same laws concerning other contracts. Generally, in order for a contract to be formed, there must be an offer, an acceptance and what is called consideration. In the case Romaine v. Romaine, 5D18-2521 (Fla. 5th DCA October 18, 2019), an issue arose as to the enforcement of a marital settlement agreement purportedly entered between the parties.
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.
