Posted by Nydia Streets of Streets Law in Florida Divorce
What is the purpose of a motion for rehearing in a Florida divorce case? In many instances, it is necessary to file a motion for rehearing in order to preserve appellate rights. By asking for a rehearing, a party is alerting the court that there are mistakes in the final judgment. Without giving the court the chance to fix those mistakes, the appellate court may not have jurisdiction to address any discrepancies in your final judgment. This was the issue in the case Russell v. Russell, 1D19-364 (Fla. 1st DCA April 9, 2020).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
The entry of a domestic violence injunction in Florida carries with it a stigma against the person found to have committed domestic violence. It can affect a person’s job prospects and certain privileges such as purchasing firearms. This is likely why the law requires that certain steps be followed before an injunction is entered. In Toler v. Pray, 2D19-997 (Fla. 2d DCA April 3, 2020), the entry of an injunction was appealed on the basis that all steps were not followed.
Posted by Nydia Streets of Streets Law in Florida Child Support
In addition to Florida child support, parents can be ordered to pay a certain percentage of uncovered medical expenses. This percentage is usually calculated under the Florida child support guidelines. When a parent fails to pay his or her share of these additional expenses, the parent may be held in contempt of court and forced to pay the other parent’s attorneys’ fees and costs. This issue arose in the recent appellate case Johansson v. Johansson, 4D19-2661 (Fla. 4th DCA April 1, 2020).
Posted by Nydia Streets of Streets Law in Holidays
“The willingness of America’s veterans to sacrifice for our country has earned them our lasting gratitude.”
– Jeff Miller
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
This Memorial Day weekend, we honor the sacrifices of service members and their families. Here are some recipes to add to your grill as you spend the weekend with loved ones.
Posted by Nydia Streets of Streets Law in Florida Divorce
If you believe there is an error in your Florida final judgment of divorce, what can be done? The answer depends on the specific facts of your case. One recent appellate case deals with this issue: Eaton v. Eaton, 1D19-0192 (Fla. 1st DCA March 23, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
After a final judgment of divorce is entered in Florida providing for equitable distribution of assets and debts, what happens when one spouse later files for bankruptcy, thereby affecting the distribution scheme? This issue arose in the case Martinez-Noda v. Pascual, 3D19-1646 (Fla. 3d DCA April 1, 2020) in which the former husband appealed a judgment that modified equitable distribution agreed-to by the parties in their marital settlement agreement.
Posted by Nydia Streets of Streets Law in Florida Divorce
How long must one reside in Florida before a petition for divorce can be filed? According to Florida Statute Chp. 61.021, “To obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition.” This residency requirement was at issue in the case Robinson v. Christiansen, 3D19-1709 (Fla. 3d DCA March 25, 2020).
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
Mother’s Day under quarantine won’t be so bad with our tried and true recipe favorites! Surprise mom all weekend with these yummy ideas.
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.
