Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A party can seek a domestic violence restraining order on behalf of a minor child. The Florida domestic violence statutes are very specific as to the requirements that need to be met in order for an injunction to be entered. In J.A.F. v. A.J.R., 2D18-4764 (Fla. 2d DCA February 14, 2020), an appeal was taken regarding an order of injunction entered against a man on behalf of a minor child and that child’s father.
Posted by Nydia Streets of Streets Law in Florida Alimony
In a case stemming from a petition to modify alimony in Florida, a former husband was found to be in contempt of his support obligation. After the trial court denied his petition for modification and concurrently found him in contempt, the former husband appealed. The case is Carter v. Hart, 5D18-609 (Fla. 5th DCA February 14, 2020).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When does a Florida family law case qualify for appeal? The answer partly depends on whether or not the order is final. A non-final order may not qualify for appeal if it does not meet certain requirements set out by the Florida Rules of Appellate Procedure. In the case Muszynski v. Muszynski, 5D18-2445 (Fla. 5th DCA February 14, 2020) the former husband appealed an order of contempt against him, and the appellate court focused on the content of the order in deciding the case.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
In another case of feuding neighbors, an appellate court considered the appeal of one man whose neighbor obtained a stalking injunction against him. The feud reportedly stemmed from the man’s cutting of trees or bushes that separated his property from his neighbor’s property. The case is Sinopoli v. Clark, 2D18-4124 (Fla. 2d DCA February 7, 2020).
Posted by Nydia Streets of Streets Law in South Florida family events
We continue to send best wishes to those affected by the current health crisis. While we remain vigilant and continue our efforts to remain under quarantine, here are some of our favorite recipes that may help spice up your meal routine this weekend.
Posted by Nydia Streets of Streets Law in Florida Child Support
What sources of income are considered in calculating Florida child support? There are not many forms of income that are exempt from consideration in creating Florida child support guidelines. In the case Marenco v. Marenco, 2D18-1664 (Fla. 2d DCA February 7, 2020), the former wife appealed, among other issues, the trial court’s calculation of her gross monthly income.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Modification of a parenting plan, including parental responsibility, requires a showing of a substantial change in circumstances that was not contemplated at the time of entry of the current parenting plan. In Ezra v. Ezra, 3D19-0704 (Fla. 3d DCA February 5, 2020), the court considered an appeal centered around a lower court’s modification of the parenting plan to grant the former wife sole parental responsibility regarding educational and medical decisions.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can a Florida family court judge amend its final judgment at any time? This issue arose in the case Bigelow v. Ritsema, 5D18-762 (Fla. 5th DCA January 24, 2020) in which the court entered an amended final judgment ten months after the original final judgment was entered.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Mere uncivil behavior between separated parents is not enough to support a Florida domestic violence injunction, according to the case Quinones-Dones v. Mascola, 5D19-1421 (Fla. 5th DCA January 24, 2020). Although the mother in this case presented evidence of the father’s alleged domestic violence against her in the past, in conjunction with more recent acts by the father, the court determined this was not enough to meet the requirements of the issuance of an injunction.
Posted by Nydia Streets of Streets Law in South Florida family events**
This edition of your South Florida weekend family fun guide focuses on ideas for at-home fun the whole family can enjoy while we all focus on staying healthy and on wishing for a speedy recovery for those who are not well at this time. Whatever you do, be safe!
Posted by Nydia Streets of Streets Law in Florida Divorce
There may be certain tax liability associated with assets distributed to each spouse in a Florida divorce. This tax liability affects the value of assets being awarded in equitable distribution. That is why Florida law requires that such liability be taken into consideration when distributing assets and debts to each spouse. This issue arose in the case Sumlin v. Sumlin, 5D18-2701 (Fla. 5th DCA January 10, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
Attorneys’ fees and costs can be ordered to be paid by the higher-earning party in a Florida family law case, and this includes fees that are incurred in appealing orders. The analysis that is required to make a determination of who should pay fees and how much is the same as fees awarded on the trial level. In the case Stewart v. Stewart, 1D19-0016 (Fla. 1st DCA February 3, 2020), the former husband appealed an order making him fully responsible for all of the former wife’s appellate fees.
Posted by Nydia Streets of Streets Law in Florida Alimony
What is the basis for awarding alimony in Florida? Several factors are considered in determining an alimony claim, including the length of the marriage; the age, health and work history of the parties; and the lifestyle established during the marriage. Once it is determined the alimony should be awarded, the court must determine the type of alimony (permanent, durational, rehabilitative, etc.) and how much. In the case Williams v. Jones, 1D18-4771 (Fla. 1st DCA February 3, 2020), the former husband objected to an award of permanent alimony to his ex-wife.
Posted by Nydia Streets of Streets Law in Florida Paternity
What is the difference between a legal father and a biological father in Florida? In what might seem like a paradox, the legal father might not be the biological father and the biological father might not be the legal father. Biology is not the determining factor in deciding paternity in Florida. If a child is born during a marriage, the husband is presumed to be the legal father of the child even if a DNA test reveals he and the child are not biologically related. This is illustrated in the case Schmidt v. Nipper, 1D19-2416 (Fla. 1st DCA January 21, 2020).
Posted by Nydia Streets of Streets Law in South Florida family events**
Exotic plants, a short film festival, a St. Patrick’s Day parade and more can be found in your South Florida weekend family fun guide!
Posted by Nydia Streets of Streets Law in Florida Annulment
When a party tries to have a marriage annulled in Florida, certain requirements must be met. A party might seek an annulment instead of a divorce to avoid the legal obligations that attach to marriage such as alimony and equitable distribution of assets. The validity of a marriage is called into question in an annulment proceeding, and this is what happened in the case Claflin v. Claflin, 1D19-1370 (Fla. 1st DCA January 21, 2020).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent continuously violates a child custody order and negatively affects the other parent’s access to a child, what remedies are available in Florida? The parent may be held in contempt for willful violation of a court’s orders as happened in the case Thompson v. Melange, 1D19-854 (Fla. 1st DCA January 21, 2020).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Is a child repeating a school grade enough to warrant modification of timesharing? This issue was considered in the case Light v. Kirkland, 1D19-2012 (Fla. 1st DCA January 21, 2020) in which the trial court considered the acrimonious relationship between the parents and tied this to the child’s poor performance in school.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Grandparents have very limited child custody rights in Florida. One scenario in which a grandparent may be able to obtain custody is via a petition for temporary custody by an extended relative. This was at issue in the case Lunsford v. Engle, 4D19-774 (Fla. 4th DCA January 22, 2020) in which a grandmother appealed a trial court’s denial of her petition for temporary custody based on another state exercising emergency jurisdiction over the child.
Posted by Nydia Streets of Streets Law in South Florida family events**
March is in full swing, and along with it, your South Florida weekend family fun guide! You can dance in a barn, celebrate women’s history, have a family bike ride and more in this edition.
