Posted by Nydia Streets of Streets Law in South Florida family events
Happy Easter weekend! If you’re trying to think of fun things to do at home to celebrate, look no further - we compiled a list of interesting Easter activities for you.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Florida family law attorneys are supposed to be zealous advocates for their clients. When “zealous” crosses the line into a lawyer being labeled as displaying bad faith conduct, a Florida family law court may decide to sanction the lawyer in addition to sanctioning the party represented by the lawyer. This was at issue in the case Wanda I. Rufin, P.A. v. Borga, 4D19-491 (Fla. 4th DCA February 26, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a party is self-employed or otherwise can deduct certain business-related expenses on that party’s tax return, this is an important consideration in determining alimony and child support in Florida. In the case Brown v. Norwood, 5D18-3836 (Fla. 5th DCA February 28, 2020), the court considered the appeal of a former husband who argued the trial court ignored evidence of his business expenses in calculating his income.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What a party knows or feels and what the party can prove are often at odds in a Florida family law case. This is why it is important to know the rules of evidence and to understand how to have documents, statements or other proof admitted at your trial. In the case Patin v. Davis, 1D18-5061 (Fla. 1st DCA February 18, 2020), an appeal was taken that centered around the sufficiency of the evidence produced at a domestic violence trial.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Modification of a Florida parenting plan requires a showing of a substantial change in circumstances that was not contemplated at the time the original parenting plan was entered. In the case Kyle v. Carter, 1D19-2014 (Fla. 1st DCA February 19, 2020), the former husband sought a modification of a parenting plan which was granted by the trial court and appealed by the former wife.
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 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).