Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Child Custody
Because supervised visits in Florida child custody cases usually severely restrict a parent’s access to a child, the law requires that certain provisions be included in an order which includes this type of visitation. The case T.D. v. K.F.., 2D18-4291 (Fla. 2d DCA November 8, 2019) goes over these provisions.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When two people cannot get along and one is committing acts perceived by the other to be threatening, is a Florida restraining order an option? It depends on the acts alleged to be committed and whether or not the alleged victim has a reasonable basis to fear that he or she is in danger of being the victim of continued acts of violence by the accused. The case Hegedus v. Willemin, 5D19-958 (Fla. 5th DCA November 8, 2019) explores what is NOT considered stalking under Florida law.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is a general magistrate in a Florida family law case? This is a judicial officer who is appointed by the judge to receive evidence and make recommendations on a motion filed by a party. The general magistrate conducts a hearing just as a judge would. After the hearing, the general magistrate sends a report to the judge which includes findings regarding the testimony and evidence submitted by the parties and a recommendation as to how to rule on the motion. The judge can adopt the findings and recommendations unless a party objects via a motion for exceptions. In Lawson v. Bartley, 1D18-5273 (Fla. 1st DCA November 6, 2019), the mother in a Florida child custody case filed exceptions to a general magistrate’s report and an appeal ensued when her exceptions were not considered by the judge.
osted by Nydia Streets of Streets Law in Florida Divorce
When considering in a Florida divorce whether or not a spouse should be responsible for student loans taken out during the marriage by the other spouse, some believe it would not be fair to have the non-incurring spouse help pay the loan because that spouse will not benefit from the degree earned by the student spouse after the parties’ divorce. Some may also object to paying because they objected to the spouse going to school during the marriage and believed the spouse should have instead been working. This issue arose in Tsacrios v. Tsacrios, 1D19-914 (Fla. 1st DCA November 6, 2019).
Posted by Nydia Streets of Streets Law in South Florida family events**
Winter fun in South Florida continues with this edition of your South Florida family fun guide. You can enjoy free jazz in the park, a carnival, a bike tour and more!
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a default is entered against a party in a Florida divorce case, it means the case will proceed without input from the defaulted party. A default is usually entered when a party fails to timely respond to a petition. When the court strikes a party’s pleadings for failure to obey court orders, this can have an effect similar to a default. The consequence of a default is that the defaulting party admits the allegations in the petition by the other party, usually resulting in the other party getting everything they asked for in the divorce because it was unopposed by the defaulting party. There are limits to this default effect, however, as highlighted in the case Shewmaker v. Shewmaker, 2D18-4604 (Fla. 2d DCA November 1, 2019).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
If you think you are entitled to have the other party pay your attorneys’ fees and costs in your Florida divorce case, it is important to give notice early on in the litigation. This is because the general rules of pleading provide that if a party does not ask for certain relief in his or her petition, answer or counter-petition, that party cannot ask for that relief at a hearing because the other side was not aware that specific relief was an issue. This situation arose in the case Navarro v. Veloz, 3D18-1990 (Fla. 3d DCA October 30, 2019).
sted by Nydia Streets of Streets Law in Florida Divorce
What is a qualified domestic relations order (QDRO) in a Florida divorce? Separate from the final judgment, this is an order that is required by most retirement plans to distribute funds within the plan. So when a marital settlement agreement or final judgment entitles a spouse to some percentage or sum of a spouse’s retirement account, the QDRO is entered and sent to the plan administrator to effectuate a payout from the account to the non-owner spouse. In the case Johnson v. Johnson, 1D18-3966 (Fla. 1st DCA October 30, 2019), the former wife sought to obtain a QDRO 20 years after her final judgment was entered.
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.
