Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
August starts tomorrow and with it, National Sandwich Month! Here are some tasty takes on the classic staple for your weekend.
Posted by Nydia Streets of Streets Law in Florida Child Custody
If parties agree to each pay their own attorneys’ fees in their marital settlement agreement, even for future litigation, is this provision enforceable? This issue arose in the case Helinski v. Helinski, 3D19-1273 (Fla. 3d DCA May 13, 2020) in which the former wife appealed an order denying her request for attorneys’ fees and costs.
Posted by Nydia Streets of Streets Law in Florida Divorce
Can a party receive credit toward paying joint expenses during a Florida divorce? This was an issue in the case Ianni v. Ianni, 5D18-3082 (Fla. 5th DCA May 8, 2020) in which the former husband appealed a final judgment of divorce.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a party fears for his or her safety based on acts of violence by another, the party may be able to seek a Florida domestic violence injunction. To support the injunction, generally recent acts of qualified violence must be alleged along with an imminent fear of becoming a victim of domestic violence again. In the case Yaklin v. Yaklin, 2D19-1572 (Fla. 2d DCA May 8, 2020), the court considered the appeal of a former husband regarding an injunction entered against him for allegations of past violence against his former wife.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What happens when a party objects to a referral to the general magistrate in a Florida family law case? In order for a general magistrate to hear a case, all parties must consent to the referral. This issue arose in the case Humphrey v. Humphrey, 1D18-752 (Fla. 1st DCA May 8, 2020).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
This Sunday is National Aunt and Uncle Day - How about some brunch recipes to show them how much you appreciate them?
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can a Florida family law court force parents to communicate via platforms such as Our Family Wizard? This was one of the issues brought up in the appellate case Scudder v. Scudder, 4D19-2288 (Fla. 4th DCA May 6, 2020) in which the former husband appealed several child custody-related issues.
Posted by Nydia Streets of Streets Law in Florida Divorce
In a recent case in which the former husband appealed a Florida final judgment of divorce, the court analyzed equitable distribution, alimony and life insurance issues. The case is Van Maerssen v. Gerdt, 4D19-133 (Fla. 4th DCA May 6, 2020).
Posted by Nydia Streets of Streets Law in Florida Alimony
The right to call and cross examine witnesses is fundamental to due process in a Florida family law proceeding. When a former husband was prohibited by the court from cross-examining the former wife, he appealed the order concerning his request to modify alimony payments in Benedict v. Benedict, 4D19-3266 (Fla. 4th DCA May 6, 2020).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
According to a recent Florida domestic violence appellate case, “Where an injunction is sought by a victim of domestic violence based on completed acts, the petitioner is not required to establish reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence.” Whitlock v. Veltcamp, 1D19-3780 (Fla. 1st DCA May 6, 2020).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
This weekend, we celebrate National Ice Cream Day! What better way than with some homemade recipes?
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent’s child custody rights are at stake in a Florida family law case, that parent must be given proper notice of this. This legal principle is illustrated in the case Foreman v. James, 3D19-1802 (Fla. 3d DCA May 6, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
What is considered non-marital or separate property in a Florida divorce? Generally assets acquired before marriage, acquired with non-marital funds, or acquired by gift or inheritance are separate assets belonging to the spouse who owns them. It is possible for a court to mistakenly identify separate or non-marital assets as marital, as happened in the case Street v. Street, 2D18-283 (Fla. 2d DCA May 1, 2020).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Does a parent’s move to a home closer to the children justify modification of a Florida parenting plan? This was at issue in the case Bryan v. Wheels, 1D19-2670 (Fla. 1st DCA May 1, 2020) in which the former husband appealed a court’s order modifying a parenting plan on the basis of the former wife’s relocation to within 35 miles of the children’s residence.
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.