Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Divorce
A Florida divorce judgment is usually non-modifiable as it relates to equitable distribution. In Rhoulhac v. Francois, 4D19-1832 (Fla. 4th DCA April 22, 2020), the former wife filed a petition to recover her interest in the marital home, and the trial court dismissed her petition with prejudice, so she appealed.
Posted by Nydia Streets of Streets Law in Florida child custody
Are children allowed to testify in a Florida family law case? If a judge deems it to be in the best interest of a child to be heard in court, the judge may allow the children to speak in chambers outside of the presence of the parents or other parties. However, certain parameters must be in place if the judge will rely on this testimony to make a decision in the case. Talarico v. Talarico, 3D20-0560 (Fla. 3d DCA April 22, 2020) goes over those parameters.
Posted by Nydia Streets of Streets Law in Florida child custody
Can a parent’s improved mental health be a basis for modifying a Florida child custody order? This was at issue in the case Bell v. Bell, 1D19-2784 (Fla. 1st DCA April 23, 2020) in which the former wife appealed an order granting the former husband’s petition for modification.
Posted by Nydia Streets of Streets Law in Florida alimony
A marital settlement agreement that does not specifically and intentionally limit the ability to modify Florida alimony will usually not preclude a former spouse from seeking increased or decreased support. In Haeberli v. Haeberli, 5D18-2449 (Fla. App. 2020), the former husband appealed an order increasing his alimony payment to his former wife.
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
With so much to celebrate this weekend - Juneteenth, Summer Solstice and Father’s Day - it’s a great time to try some of our favorite recipes!
Posted by Nydia Streets of Streets Law in Florida child custody
What is a substantial change in circumstances that will warrant the modification of a Florida parenting plan? While there is no one correct answer, one recent case sheds light on what may be considered a substantial change in circumstances: Izquierdo v. Del Valle, 4D19-1055 (Fla. 4th DCA April 22, 2020).
Posted by Nydia Streets of Streets Law in Florida Alimony
A recent appellate case sheds light on what happens to a Florida divorce case when circumstances change between the time the judge orally announces a ruling and when the ruling is reduced to writing in a final judgment. In Singer v. Singer, 2D18-1854 (Fla. 2d DCA April 17, 2020), the former wife appealed a final judgment that denied her alimony.
Posted by Nydia Streets of Streets Law in Florida Divorce
Can discovery be limited in a Florida divorce? For the most part, when a party seeks discovery from the other party, there must be a showing that the discovery is relevant to the pending issues in the case. Discovery includes documents such as financial records, text messages and more. In the case Fagen v. Merrill, 2D19-2948 (Fla. 2d DCA April 17, 2020), the former husband appealed an order requiring him to produce certain financial records.
Posted by Nydia Streets of Streets Law in Florida Paternity
Can attorneys’ fees be awarded in a Florida paternity case? The short answer is yes. The parties may agree otherwise, but there are limits to how they can agree. This is highlighted in the case Nishman v. Stein, 2D19-697 (Fla. 2d DCA April 17, 2020).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
It’s hot outside, but we have some recipes to cool you down! Try some of our favorites.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
In order to obtain an injunction against repeat violence in Florida, a petitioner must show at least two incidents of violence via competent, substantial evidence. How far apart in time the incidents must be was an issue in the case Yehezkel v. Aral, 3D18-939 (Fla. 3d DCA April 15, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
What does the six-month residency requirement for a Florida divorce mean? In order for a Florida court to have jurisdiction to enter a final judgment of divorce, one or both parties must have resided in Florida for at least the immediately preceding six months prior to the date of filing the petition for divorce. The definition of residency was in dispute in the case Lauterbach v. Lauterbach, 2D19-524 (Fla. 2d DCA April 15, 2020).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When parties reach a stipulation in a Florida divorce case, this means they agree on something. Usually, stipulations are upheld by the court. Stipulations can save time and money since the parties will not have to spend time proving the subject of the stipulation. The power of such an agreement is illustrated in the case McVety v. McVety, 2D18-2250 (Fla. 2d DCA April 15, 2020).
Posted by Nydia Streets of Streets Law in Florida Alimony
A party nearing retirement may consider filing a petition to modify his or her alimony obligation in Florida. In order to modify alimony, there must be a showing of a substantial, permanent change in circumstances which was unanticipated at the time the original support amount was ordered. Many parties disagree about whether retirement is an unanticipated change in circumstances, as was the case in Befanis v. Befanis, 5D19-359 (Fla. 5th DCA April 17, 2020).
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?
