Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can a parent’s mental health records be subpoenaed in a Florida child custody case? The answer depends on what is at issue - is the parent being accused of having a mental health issue which affects his or her ability to parent? In the case Ricketts v. Ricketts, 2D19-3854 (Fla. 2d DCA June 19, 2020), we see a case in which it was ultimately ruled that discovery of the mother’s mental health records was inappropriate.
Posted by Nydia Streets of Streets Law in Florida Divorce
Property acquired by either spouse before a marriage or after a petition for divorce has been filed is presumed to be that spouse’s non-marital property. This is because it falls outside of the definition of marital property which is defined as that acquired during the marriage. The same goes for liabilities. We see this in the case Jackson v. Blazer, 2D17-4686 (Fla. 2d DCA June 3, 2020).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
In a tale of former friends who became litigious enemies, Craft v. Fuller, 2D19-2891 (Fla. 2d DCA May 27, 2020) goes through the factors a court must analyze in determining whether or not cyberstalking has occurred.
Posted by Nydia Streets of Streets Law in Florida Child Custody
How does a parent’s substance abuse issue affect a Florida child custody case? Since the establishment of a parenting plan needs to be based on the best interest of the children, if the substance abuse affects a parent’s ability to care for the children, this is a factor the court will consider in determining time-sharing and parental responsibility. We see this play out in the case Frye v. Cuomo, 4D19-1417 (Fla. 4th DCA June 3, 2020).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes*
In the spirit of National Relaxation Day celebrated on August 15, here are some at-home pampering recipes for your face and body that are all-natural and sound good for you!
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Due process is an important part of any family law proceeding, including Florida domestic violence cases. A party is denied due process when he or she is not permitted to present testimony or other evidence to support his or her claims and defenses in the case. This is illustrated in the case Price v. Taylor, 4D19-2427 (Fla. 4th DCA June 10, 2020).
Posted by Nydia Streets of Streets Law in Florida Child Support
When a parent wants to change professions or jobs, how does this affect a Florida child support order? Depending on how the change affects the parent’s income, the change may not be sufficient to modify a Florida child support order. This is discussed in the case Gerville-Reache v. Gervielle-Reache, 1D19-1331 (Fla. 1st DCA June 11, 2020).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
To obtain an order of protection against stalking in Florida, specific factors must be shown by the petitioner. One of them is that the petitioner suffered severe emotional distress. This issue arose in the case Mills v. Riley, 1D19-1731 (Fla. 1st DCA May 26, 2020).
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?
