Posted by Nydia Streets of Streets Law in Florida Divorce
In a Florida divorce case, the court seeks to award each spouse his or her fair share of the marital estate through a process known as equitable division. It is important to remember that equitable does not always mean equal. In the case Jones v. Jones, 5D19-879 (Fla. 5th DCA May 1, 2020), the former wife appealed the court’s equitable distribution ruling, imputation of income to her, and the denial of her claim for attorneys’ fees and costs.
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Cool down with our summer weekend recipe picks!
Posted by Nydia Streets of Streets Law in Florida child support
Do you need to file a motion for rehearing in your Florida child support case? This was an issue in the case Delgado v. Morejon, 5D19-1618 (Fla. 5th DCA May 1, 2020) in addition to the former husband’s complaint that the trial court committed error in striking his pleadings.
Posted by Nydia Streets of Streets Law in Florida child support
What happens when a parent refuses to pay child support in Florida? The parent could be held in contempt of court and sentenced to jail in extreme cases. In Pace v. Pace, 5D18-2343 (Fla. 5th DCA May 1, 2020), the appellate court reviewed the case of a father who contested the trial court’s finding of contempt against him.
Posted by Nydia Streets of Streets Law in Florida Divorce
For a Florida court to have the power to divorce a couple, one or both of the spouses must have resided in Florida for the six months immediately preceding the filing for dissolution. When parties split time between residences in Florida and other states or countries, this can make it difficult to ascertain the true residence of the parties. This issue arose in the case Mejia v. Mejia, 4D19-3847 (Fla. 4th DCA April 29, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
It is possible for mistakes to be made in a Florida final judgment of divorce. This is why parties have the right to revisit the judgment through the appellate process. In Diaz-Silveira v. Diaz-Silveira, 3D18-919 (Fla. 3d DCA April 29, 2020), the trial court’s final order was appealed regarding equitable distribution and attorneys’ fees.
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Watch fireworks and fire up the grill with our weekend recipe picks!
Posted by Nydia Streets of Streets Law in Florida Alimony
In a long-term marriage, there is a presumption in Florida that permanent alimony is appropriate. This is explained in the case Rhoden v. Rhoden, 1D18-3307 (Fla. 1st DCA April 29, 2020) in which the former wife appealed the trial court’s decision to award her durational alimony after a thirty-five year marriage.
Posted by Nydia Streets of Streets Law in Florida Divorce
When a party is owed an equalizing payment under a Florida divorce decree, can that party seek attorneys’ fees and costs under Chp. 61 of the Florida Statutes? According to a recent appellate case, the answer is no: Kolartz v. Kolartz, 1D18-4818 (Fla. 1st DCA April 27, 2020).
Posted by Nydia Streets of Streets Law in Florida Paternity
When imputing income to an underemployed or unemployed parent, the court must consider certain statutory factors. In Williams v. Gonzalez, 4D19-3659 (Fla. 4th DCA April 22, 2020), the court considered an appeal of a father in a Florida paternity action in which he alleged the trial court committed error in calculating his income and determining the retroactive period.
Posted by Nydia Streets of Streets Law in Florida Divorce
A party who is owed payments under a Florida divorce agreement may be able to enforce those payments against the other spouse’s estate if the spouse passes away. This issue arose in the case Allen v. Estate of Allen, 4D19-2195 (Fla. 4th DCA April 22, 2020) in which the former wife sued the former husband’s estate to recover equitable distribution payments due to her under a marital settlement agreement.
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
And just like that - the weekend is here again! Here are some recipes to keep the summer fun going.
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.
