Posted by Nydia Streets of Streets Law in Holidays
Happy Labor Day! We hope this day brings you relaxation, fun and time well-spent with loved ones. Enjoy!
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Happy Labor Day weekend! We hope this weekend brings you much relaxation and joy - Our recipe picks might help with that!
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Is a judge allowed to ask questions in a Florida family law proceeding? According to Section 90.615 of the Florida Statutes: “When required by the interests of justice, the court may interrogate witnesses, whether called by the court or by a party.” However this interrogation is limited as explained in the case Marwan v. Sahmoud, 3D19-1798 (Fla. 3d DCA June 17, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
Is a spouse responsible for debts incurred by the other spouse in a Florida divorce? Generally, debts incurred during the marriage are considered marital debts for which both spouses are responsible, even if the debt is only in one spouse’s name. There are exceptions to this rule, however, as illustrated in the case Dampier v. Dampier, 1D19-3016 (Fla. 1st DCA June 24, 2020).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What if a party is unable to attend a hearing in his or her Florida family law case? The usual course of action is to file a motion for continuance, stating the reasons why the party cannot attend and requesting a different hearing date. The case Pares v. Soriano, 3D18-915 (Fla. 3d DCA June 10, 2020) is one which illustrates this process.
Posted by Nydia Streets of Streets Law in Florida Child Support
What is a Florida administrative child support proceeding? This type of proceeding largely happens via mail. So long as the parties agree as to the child support figures proposed, child support can be established through this proceeding without the parties going to court. What if a party does not agree with the numbers proposed in this type of proceeding? The case Richards v. Dept. of Revenue, 3D19-0653 (Fla. 3d DCA June 10, 2020) sheds light on this issue.
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Did you know this Sunday is National Toasted Marshmallow Day? In honor of the day, our recipe line up is all about - you guessed it - marshmallows!
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
How do issues of personal jurisdiction and subject matter jurisdiction affect a Florida domestic violence injunction? In the case Alobaid v. Kahn, 3D19-2128 (Fla. 3d DCA May 27, 2020), the husband appealed the entry of a permanent injunction on the basis that he did not live in Florida, and the child’s home state was not Florida, but Kuwait.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party wants to set aside a Florida paternity order, there are certain steps which must be followed by certain deadlines. If a party believes there is a basis to have an order overturned or reversed, that party may be able to seek relief under Florida Family Law Rule of Procedure 12.540. The case Williams v. Taylor, 3D19-1926 (Fla. 3d DCA May 27, 2020) examines those steps.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party feels a judicial officer holds a bias against that party, there is the option of filing what is known as a motion to recuse. This motion raises specific allegations of bias against a judge or general magistrate. In the case Seiwert v. Seiwert, 5D19-2809 (Fla. 5th DCA June 19, 2020), the former husband appealed the denial of his motion to recuse a general magistrate.
Posted by Nydia Streets of Streets Law in Florida Same-Sex Family Law
One area of Florida family law that is evolving is same-sex family law, particularly as it relates to children born during a same-sex marriage who are not adopted by or biologically related to one of the parents. This issue arose in the case McGovern v. Clark, 5D19-1525 (Fla. 5th DCA June 12, 2020).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
We hope the first week of school for Broward County students went well, and we wish our Miami students well as they prepare to begin school soon! This week, treat yourselves and your favorite students with our weekend recipe picks.
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).