Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Divorce
Retroactive child support must be addressed by a Florida family court when it is requested by either parent. Since Florida law considers child support to be a right that belongs to a child, parents are usually not allowed to waive child support payments. This issue was explored in the case Johnson v. Johnson, 1D19-430 (Fla. 1st DCA June 15, 2020).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Happy weekend! Here are some yummy recipes to try with your loved ones.
Posted by Nydia Streets of Streets Law in Florida Divorce
When it comes to filing a motion for contempt in a Florida divorce, it is important to understand what matters are enforceable by contempt. Equitable division matters are typically not enforceable by contempt under Florida law, however, support issues may be pursued via a contempt motion. In the case Vinson v. Vinson, 1D18-2602 (Fla. 1st DCA May 18, 2020), the former husband appealed an order of contempt against him that was based on a since-reversed order clarifying the nature of payments to be made under a final judgment of divorce.
Posted by Nydia Streets of Streets Law in Florida Child Custody
A court-ordered Florida parenting plan usually cannot be based on future, speculative events. This is because no one knows the best interest of a child for most future events. This was an issue in the recent case C.G. v. M.M., 2D19-857 (Fla. 2d DCA May 20, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
Many Florida marital settlement agreements contain a “Prevailing Party” clause. This part of the contract usually states that if one party does not follow the agreement in some way and the other party has to take the delinquent party to court to enforce the agreement, the party who ultimately “wins” in court on that issue is entitled to have the other party pay his or her attorneys’ fees and costs. Sometimes it is not clear to the court whether or not there is a prevailing party and this was the issue in the case Gilbert v. Gilbert, 3D19-858 (Fla. 3d DCA May 20, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
Temporary alimony awards are made in a Florida divorce to give immediate relief to a spouse needing financial support. If a party had to wait until the final hearing or trial in the divorce case, it may take several months or years to get to that hearing, and in the meantime, the party is without sufficient funds to maintain good financial standing. An award of temporary alimony was appealed in the case Jones v. Jones, 5D19-3463 (Fla. 5th DCA May 22, 2020).
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.
