Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What a Florida domestic violence court called “creepy” behavior on the part of a party accused of stalking a minor child turned out to be insufficient to support an injunction against stalking. In Santiago v. Leon, 3D19-0011 (Fla. 3d DCA January 2, 2020), the accused stalker appealed an order mandating that he stay away from the child of his former partner.
Posted by Nydia Streets of Streets Law in Florida Divorce
When a court orders temporary alimony in Florida, such alimony can be ordered retroactively. If the court finds a party is voluntarily unemployed or underemployed, it can also order that income be imputed to a spouse. In Cura v. Cura, 3D18-1126 (Fla. 3d DCA January 2, 2020), the husband appealed an order on these two issues.
Posted by Nydia Streets of Streets Law in South Florida family events**
Happy Leap Year weekend! Your South Florida weekend family fun guide includes knitting for kids, festivals, farm fun and more!
Posted by Nydia Streets of Streets Law in Florida Child Custody
A Florida parenting plan can be modified upon a showing of a substantial change in circumstances that was not contemplated at the time the plan was entered. There must also be a showing that a modification of the plan would be in the best interest of the child. In Hutchinson v. Hutchinson, 1D19-946 (Fla. 1st DCA December 27, 2019), the former wife appealed an order modifying timesharing.
Posted by Nydia Streets of Streets Law in Florida Alimony
When is summary judgment appropriate in a Florida family law case? Such a procedure is used when there is no issue of material fact for the court to decide. That is, it is undisputed that a party is entitled to relief without the need for a trial or the normal steps of litigation. In the case Bradner v. Bradner, 1D18-4604 (Fla. 1st DCA December 27, 2019), we see summary judgment used to terminate Florida alimony.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
In a recent appellate case, the court overturned a permanent injunction entered against a father concerning his son. In the case De Hoyos v. Bauerfeind, 1D19-581 (Fla. 1st DCA December 16, 2019), the mother brought the case on behalf of the parties’ child who alleged the father hit the child in the face on the way to school.
Posted by Nydia Streets of Streets Law in Florida Divorce
What does equitable distribution include in a Florida divorce? Generally, all assets and debts that were acquired from the date of marriage through the date of filing for divorce are going to be included in the equitable distribution scheme. In the case Dubose v. Dubose, 1D19-885 (Fla. 1st DCA December 20, 2019), the appellate court considered an appeal concerning an alleged error in the division of assets in the parties’ underlying divorce case.
Posted by Nydia Streets of Streets Law in South Florida family events**
It’s the last full weekend in February, can you believe it?! Time flies when you’re having fun, so we are here to keep the fun rolling with your South Florida weekend family fun guide.
Posted by Nydia Streets of Streets Law in Florida Child Support
When child support is established by an administrative order in Florida, is it possible to modify the order? This issue came up in the case Mirabella v. Mirabella, 2D18-4219 (Fla. 2d DCA December 18, 2020) in which the husband appealed an order that retroactively modified child support payments ordered to be paid by the wife.
Posted by Nydia Streets of Streets Law in Florida Divorce
In the case Suess v. Suess, 2D18-2521 (Fla. 2d DCA December 20, 2019), we see that words matter in contracts. A dispute arose as to enforcement of the parties’ Florida marital settlement agreement regarding the former husband’s retirement accounts and the former wife’s entitlement to them. Interestingly, the enforcement of the agreement turned on the court’s interpretation of the word “all”.
Posted by Nydia Streets of Streets Law in Florida Child Support
When calculating retroactive child support in Florida, it is important that the parties produce evidence of all income during the retroactive period. Under Florida child support laws, a court can order a party to pay child support retroactive to two years prior to the date a petition to establish support is filed. Since income may have increased or decreased during this period, the court may rely on tax returns for the past two years to calculate what support should have been during that period. In the case Jones v. Jones, 1D19-1051 (Fla. 1st DCA December 20, 2019), this issue arose when the former husband appealed his final judgment of divorce.
Posted by Nydia Streets of Streets Law in South Florida family events**
For some of you lucky souls, it’s a 3-day weekend, and it’s also Valentine’s Day! Celebrate with your South Florida weekend family fun guide.
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.
