Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Divorce
Why is it important to have a court reporter at your final hearing in your Florida divorce case? For one, it may be difficult to appeal an adverse ruling made against you at the hearing without a transcript of what was said. Nonetheless, it may still be possible to appeal an order if it contains clear errors. This was the case in Diaz v. Diaz, 3D19-493 (Fla. 3d DCA March 18, 2020).
Posted by Nydia Streets of Streets Law in South Florida Family Events
Get ready to enjoy your weekend with some of our favorite recipes!
Posted by Nydia Streets of Streets Law in Florida Child Custody
After the entry of a Florida parenting plan, when either or both parents fail to follow the plan, post-judgment litigation can occur. When a parent files a motion for contempt of a parenting plan, the court must examine whether or not there is competent, substantial evidence to support a finding of contempt. This was the issue in the case Wolf v. Wolf, 2D18-1645 (Fla. 2d DCA March 18, 2020).
Posted by Nydia Streets of Streets Law in Florida Child Support
After an administrative child support order is entered in Florida, a party may choose to file a paternity action to establish timesharing. When that happens, a modification of the child support may be required based on the timesharing schedule ordered. Since the Department of Revenue is involved in administrative child support proceedings, it has an interest in the separately filed paternity action. This is illustrated in the case Boukzam v. Jugo, 4D19-1240 (Fla. 4th DCA March 18, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
If parties cannot agree on the split of assets and debts in a Florida divorce, the court decides the issue based on Florida law. Florida Statute 61.075 guides the court’s determination of equitable distribution. In Marconi v. Erturk, 4D19-2022 (Fla. 4th DCA March 18, 2020), the former wife appealed the trial court’s decision to decline to rule on equitable distribution.
Posted by Nydia Streets of Streets Law in Florida Child Support
Entry of an income withholding order in Florida for child support or alimony is customary and generally required. Even if the parties agree for payment to be made directly from the obligor to the obligee, the court is still usually required to enter a delayed income withholding order which allows enforcement of support to be handled via the State Depository if a parent is late with payments. In Moore v. Holton, 2D19-3098 (Fla. 2d DCA March 18, 2020), a second appeal was taken regarding the trial court’s entry of an income withholding order.
Posted by Nydia Streets of Streets Law in South Florida family events
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Posted by Nydia Streets of Streets Law in Florida Child Custody
When parents live in different states this can give rise to a long-distance Florida parenting plan. The best interest of the child is the paramount concern in creating a parenting plan. In Edkin v. Edkin, 5D19-2590 (Fla. 5th DCA March 20, 2020) at issue was a long-distance parenting plan that provided for a rotating timesharing schedule between two states.
Posted by Nydia Streets of Streets Law in Florida Child Custody
A basic rule in Florida family law cases is that a party must be on notice of relief that may be granted at a hearing. In the case Ramirez v. Ramirez, 4D19-3260 (Fla. 4th DCA March 18, 2020), the court considered the issue of a mother’s appeal of an award of temporary sole parental responsibility to the father.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
It is important that a party file an appeal of a Florida family law order in a timely manner. This is because an appellate court loses jurisdiction to consider the appeal if the appeal is filed too late. In the case Sitaram v. Alley, 5D19-2536 (Fla. 5th DCA March 20, 2020), the former husband appealed an order that arose from his Florida divorce case, and the issue of the timeliness of his appeal was the focus.
Posted by Nydia Streets of Streets Law in Florida child custody
What happens when a parent does not show up for a trial in a Florida child custody case? This issue arose in the case Booth v. Hicks, 2D18-4651 (Fla. 2d DCA March 18, 2020) in which the mother appealed a final judgment that granted the father sole parental responsibility and certain timesharing after she failed to appear at the final hearing.
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 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.
