Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A petition for injunction against domestic violence in Florida must be supported by a petition that recites the allegations on which the petitioner relies to seek relief. This is so that the other party is on notice as to what he or she needs to defend against at the hearing. This issue arose in the case Stanlick v. Stanlick, 2D18-4938 (Fla. 2d DCA March 13, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
After a long-term marriage in Florida, issues of alimony and equitable distribution are expected to play a part in a divorce proceeding. In Sager v. Sager, 4D19-1722 (Fla. 4th DCA March 11, 2020), the parties were married for 34 years by the time they divorced, and the trial court awarded the former wife an unequal distribution of marital assets, which the former husband appealed among other issues.
Posted by Nydia Streets of Streets Law in Florida Alimony
A Florida marital settlement agreement that provides for non-modifiable alimony is generally enforceable, and a court is bound to follow the clear language of the agreement. In Judy v. Judy, 2D18-1566 (Fla. 2d DCA March 4, 2020), the former wife appealed the court’s decision to modify her alimony.
Posted by Nydia Streets of Streets Law in Florida Divorce
Equitable distribution in a Florida divorce can sometimes become complicated when a marital asset is encumbered by multiple liens. This can be an issue even after the final judgment is entered or after the parties enter a marital settlement agreement. In the case Law v. Law, 3D18-1177 (Fla. 3d DCA March 4, 2020), the former wife sought to have the former husband follow the parties’ agreement as it relates to a debt on a marital asset.
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 tried and true, favorite recipes that may help spice up your meal routine this weekend.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Incidents of domestic violence in the presence of a child can lead to modification of a Florida parenting plan. In Meyers v. Meyers, 2D18-4931 (Fla. 2d DCA March 6, 2020), the former wife filed a petition for modification, alleging there was domestic violence between the former husband and his current wife in the presence of the parties’ child.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What happens when a lawyer does not show up for a scheduled hearing in a Florida family law case? This was at issue in the case Zhou v. Yuwen Chen, 3D19-1671 (Fla. 3d DCA March 4, 2020) in which the trial court sanctioned a lawyer almost $2,000.00 for failing to appear for a divorce trial.
Posted by Nydia Streets of Streets Law in Florida Divorce
Most Florida marital settlement agreements contain what is known as a default provision. This provision provides that when post-judgment litigation occurs such as enforcement or contempt, the prevailing party will be entitled to payment of his or her attorneys’ fees and costs by the losing party. In Christensen v. Christensen, 2D19-1292 (Fla. 2d DCA March 6, 2020), the former wife appealed the trial court’s denial of her fees despite such a provision in the parties’ marital settlement agreement.
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent loses timesharing as a result of modification of a final judgment in Florida, is the court required to specify steps the parent must take to regain timesharing? This issue arose in the case C.N. v. I.G.C., 5D19-473 (Fla. 5th DCA March 6, 2020) in which the mother appealed the trial court’s modification of her parenting plan to grant the father primary custody.
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
When a party does not appear at a Florida domestic violence injunction hearing, what happens? If the petitioner is able to present sufficient and credible evidence of domestic violence, it is possible for the court to enter an order in the respondent’s absence. This issue arose in the case Boucher v. Warren, 4D19-356 (Fla. 4th DCA March 4, 2020).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Under Florida law, a parenting plan may be modified based on a showing of a substantial change in circumstances that was not contemplated at the time of entering the parenting plan. This applies when a parent wants to modify parental responsibility. In the case Socol v. Socol, 4D18-3565 (Fla. 4th DCA March 4, 2020), a petition for modification was filed in which the mother requested sole parental responsibility.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A party against whom a Florida domestic violence injunction has been entered may move to dissolve the injunction on the basis that the factors underlying entry of the injunction have changed or are no longer an issue. In the case Hobbs v. Hobbs, 1D19-1269 (Fla. 1st DCA February 27, 2020), the former husband sought to dissolve a 20-year old injunction entered in favor of his ex-wife.
Posted by Nydia Streets of Streets Law in Florida Divorce
Property acquired before marriage in Florida is generally considered separate property. During the marriage, a party may unknowingly take steps which give a non-owning spouse interest in the party’s separate property. In the case Nathey v. Nathey, 2D19-441 (Fla. 2d DCA February 26, 2020), the issue of non-marital property was appealed after the parties’ divorce.
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.
