Posted by Nydia Streets of Streets Law in Florida Alimony
When a party meets the threshold requirement of showing a substantial change in circumstances that warrants modification of alimony in Florida, the next step is for the court to assess need and ability to pay. That is, the need of the spouse asking for alimony and the ability of the other spouse to pay it. In Nangle v. Nangle, 4D19-31 (Fla. 4th DCA December 18, 2019), the appellate court considered the appeal of a former husband who argued the trial court failed to take into consideration each party’s financial circumstances in denying his petition to modify alimony.
Posted by Nydia Streets of Streets Law in Florida Alimony
In order to modify alimony in Florida, a party seeking modification must show (1) there was a substantial change in circumstances; (2) the change was not contemplated at the time of the final judgment of dissolution; and (3) the change is sufficient, material, involuntary, and permanent in nature. See Pimm v. Pimm, 601 So. 2d 534, 536 (Fla. 1992). An order that decides the modification of spousal support is reviewed by an appellate court for abuse of discretion in Florida. In Davis v. Maloch, 5D18-2490 (Fla. 5th DCA December 20, 2019), the former wife appealed an order denying her petition to increase her permanent alimony.
Posted by Nydia Streets of Streets Law in Florida Child Custody
When both parents are unable to maintain custody of their child in Florida, it is possible to grant temporary custody to extended relatives such as grandparents, aunts and uncles. This can be accomplished by agreement or by a showing that the parents are unfit to look after the best interest of the child. In the case Kitchen v. Cerullo, 3D18-1603 (Fla. 3d DCA December 18, 2019), the father appealed an order which took away his recently granted custody rights and granted temporary custody to his child’s maternal grandmother.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Arguments between neighbors can become heated and uncomfortable since the source of tension is often someone you may have to see daily. When does an argument cross the line from “normal” to deserving of a Florida restraining order? In the case Adamczyk v. Herman, 4D19-870 (Fla. 4th DCA December 11, 2019), we see how the court treated a dispute involving a condominium association.
Posted by Nydia Streets of Streets Law in South Florida family events**
It’s a rainy day in South Florida, but don’t let that stop you from enjoying what is supposed to otherwise be beautiful weather this weekend. Check out your South Florida weekend family fun guide!
Posted by Nydia Streets of Streets Law in Florida Divorce
The clear and unambiguous terms of a Florida marital settlement agreement are enforceable as a matter of law. This was reinforced in the recent appellate case Pack v. Wiechert, 1D18-3039 (Fla. 1st DCA December 10, 2019) in which the former wife appealed an order that conflicted with the terms of her marital settlement agreement.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Is a party required to provide his or her mental health records to the opposing party in a Florida divorce? This issue arose in the case Laforest v. Laforest, 4D19-2189 (Fla. 4th DCA December 11, 2019) in which the husband appealed an order requiring him to produce his mental health records.
Posted by Nydia Streets of Streets Law in Florida Child Custody
When parties to a Florida divorce just cannot get along, does this justify awarding sole parental responsibility to one parent? This issue arose in the case Musgrave v. Musgrave, 2D18-2792 (Fla. 2d DCA November 27, 2019) in which the court noted animosity between the parties and awarded sole parental responsibility to the former wife.
Posted by Nydia Streets of Streets Law in Florida Divorce
When a family member loans money to a married couple, is that loan repayable by both parties at divorce? This was an issue in the case Burns v. Cole, 1D18-3979 (Fla. 1st DCA November 26, 2019) where the trial court characterized money given to a couple by the former husband’s mother as a loan, but ordered that the former husband would be fully responsible for repaying it.
Posted by Nydia Streets of Streets Law in South Florida family events**
Are you ready for Super Bowl weekend in Miami? It’s here, along with your South Florida weekend family fun guide!
Posted by Nydia Streets of Streets Law in Florida Divorce
If parties separate and one spouse moves to a different county than the other spouse, in which Florida county should the petition for divorce be filed? Florida law states venue is proper where the spouses last resided during their intact marriage with the intent to remain married. What if one spouse moved to another county to escape alleged domestic violence by the other spouse? This issue arose in the recent appellate case Dlin v. Dlin, 3D19-1042 (Fla. 3d DCA November 20, 2019).
Posted by Nydia Streets of Streets Law in Florida Divorce
Can a Florida marital settlement agreement that was not ratified by a court order be enforced via a motion for contempt? In what was referred to by the appellate court as a “novel” case, a five-year lapse between an initial filing for divorce and a second petition for divorce created a tricky set of facts for a trial court to navigate in determining whether or not the former husband should be held in contempt of a marital settlement agreement. The case is Thilloy v. Ciccone-Capri, 3D18-1468 (Fla. 3d DCA November 27, 2019).
Posted by Nydia Streets of Streets Law in Florida Divorce
When modifying a Florida divorce judgment, depending on what you are seeking to change, it is important to know the standard the court is obligated to use in deciding on your request. For example, modifying alimony or child support requires the court to review several similar factors, while modification of child custody in Florida requires the court to review other factors. In Suarez v. Suarez, 4D18-1148 (Fla. 4th DCA November 13, 2019), we see the standards applied to these types of modification.
Posted by Nydia Streets of Streets Law in Florida Child Custody
When filing a paternity case in Florida, it is important to know which court has proper jurisdiction over the child custody part of your case. The issue of jurisdiction often arises in these types of matters when one parent moves to another state close to the time the case was filed. This happened in Martinez v. Lebron, 5D18-2966 (Fla. 5th DCA November 15, 2019).
Posted by Nydia Streets of Streets Law in South Florida family events**
Brrrr…. it has been a cold week in South Florida! The temperatures may rise a little this weekend, but no matter what, you’re sure to find something fun to do in our South Florida weekend family fun guide!
Posted by Nydia Streets of Streets Law in Florida Divorce
What is a partition in a Florida divorce? This means the parties are asking the court to apportion to each their respective ownership interest in real property they jointly own since the property cannot physically be awarded to the parties in parts. Who pays attorneys’ fees for this? A dispute about payment of fees came up in the case Vergne v. Glidewell, 4D19-444 (Fla. 4th DCA November 13, 2019).
Posted by Nydia Streets of Streets Law in Florida Alimony
When permanent alimony is awarded in a Florida divorce, it will usually be upheld if the court examined all required factors in arriving at the determination that such spousal support was warranted. In the case Schroll v. Schroll, 1D18-4716 (Fla. 1st DCA November 13, 2019), the former husband appealed the trial court’s award of $5,000 per month permanent alimony to the former wife.
Posted by Nydia Streets of Streets Law in Florida Child Support
Child support in Florida can be established through a proceeding in which the Department of Revenue (DOR) pursues a case on behalf of a custodial parent owed support. When this happens, DOR petitions the court for an order that obligates the paying parent to pay support to DOR, and DOR in turn disburses the funds to the custodial parent. How much participation is required by the custodial parent in the case? This was an issue in the case Dept. of Revenue v. Rogers, 5D19-1570 (Fla. 5th DCA November 15, 2019).
Posted by Nydia Streets of Streets Law in Holidays
Happy Martin Luther King, Jr. Day! Here is our favorite MLK quote:
Posted by Nydia Streets of Streets Law in South Florida family events**
Martin Luther King Day weekend is upon us, and your South Florida family fun guide is here to help you spend it with those you love. A chili cook off, food trucks and more await you.
