Miami family law attorney blog
This weekend, consider watching “Just Mercy”, an eye-opening film starring Jamie Foxx and Michael B. Jordan that tells the compelling, true story of exonerated former death row inmate Walter McMillian. Warner Brothers is making it available in hopes of it being used as an educational tool to shed light on systemic racism. Watch for free on your favorite digital platform or visit https://www.justmercyfilm.com for more information. Enjoy your weekend!
Posted by Nydia Streets of Streets Law in Florida Child Support
When a child is born as a result of an extramarital affair, complications may arise with regard to paternity of the child. In the case Fla. Dep't of Revenue v. Ashby, 5D19-1244 (Fla. 5th DCA April 17, 2020), the biological father of a child born outside of wedlock requested that the court dismiss a petition for child support filed against him, likely on the basis that the mother’s husband was the legal father of the child.
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent wants to relocate more than 50 miles from his or her current residence with the parties’ child, it is important that the parent follow the appropriate steps to have the relocation approved. In the case Leos v. Hernandez, 3D19-1665 (Fla. 3d DCA April 15, 2020), an appeal was taken regarding the lower court’s decision to grant the mother’s request for relocation.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a parent is accused of child abuse, the child’s statements regarding the abuse may not be considered by the court unless they meet what is know as a hearsay exception. In the case Perrault v. Engle, 4D18-3458 (Fla. 4th DCA April 15, 2020), an unfortunate scenario arose in which a father was accused of sexually abusing his three year old son and an injunction was entered as a result.
Posted by Nydia Streets of Streets Law in Florida Divorce
A self-employed party in a Florida divorce will need to show evidence of income and business expenses when it comes to determining alimony and child support. In the case Carter v. Carter, 4D19-351 (Fla. 4th DCA April 15, 2020), the former husband appealed a final judgment which imputed income to him for purposes of determining his support obligations.
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Summer has unofficially started, so what better way to celebrate than to try some of our favorite recipes with loved ones this weekend?
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.
