Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
September 18 is National Cheeseburger Day, and in celebration, we’ve curated some recipes that provide a delicious take on this classic.
Posted by Nydia Streets of Streets Law in Florida Child Custody
A parent’s failure to follow a parenting plan can result in modification of a time-sharing schedule to award the non-offending parent more time-sharing. However, modification must be done under the correct circumstances and at the correct procedural juncture. This was an issue in the case Chevalier v. Emmerson, 4D20-1034 (Fla. 4th DCA July 15, 2020).
Posted by Nydia Streets of Streets Law in Florida Child Support
When a child will spend significant overnights with each parent as part of a Florida parenting plan, how does this affect child support? Under the Florida child support guidelines, an adjustment to child support is usually warranted for what is referred to substantial overnight time-sharing. A parent must exercise at least 20 percent overnights per year in order to receive a reduction in child support payments. This was an issue in the case Williams v. Bossicot, 4D20-524 (Fla. 4th DCA July 8, 2020).
Posted by Nydia Streets of Streets Law in Florida Alimony
There is a rebuttable presumption in Florida that permanent alimony is appropriate in a marriage lasting 17 years or longer. Without a transcript of a hearing, an appellate court is limited to reviewing the order being appealed to determine if there are any errors that are clear on the face of the order. These two issues were intertwined in the case Baron v. Baron, 1D19-3037 (Fla. 1st DCA July 15, 2020).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
The nuances of the standard for obtaining a Florida domestic violence injunction are important to understand. Even in cases in which there is an allegation of disturbing physical violence, an injunction may not be entered if other factors are not present. In the case Cook v. McMillan, 4D19-3825 (Fla. 4th DCA July 8, 2020), an appeal of a dating violence injunction was taken.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A Florida domestic violence injunction may infringe on a person’s First Amendment rights. If a court finds such infringement to be unconstitutional, the injunction may be set aside. The case Logue v. Book, 4D18-1112 (Fla. 4th DCA June 4, 2020) provides a lengthy opinion on a stalking injunction which the accused alleged operated as a prior restraint on his free speech.
Posted by Nydia Streets of Streets Law in Florida Post-nuptial Agreements
Is there a difference between a post-nuptial agreement and a separation/marital settlement agreement in Florida? The answer is yes, and the difference lies in the intent behind each agreement, as well as the intent of the parties with regard to their marriage at the time of executing the agreement. This is illustrated in the case Stephanos v. Stephanos, 4D19-1276 (Fla. 4th DCA June 24, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a party seeks to impute income to the other party in a Florida divorce, the court must consider relevant factors such as the party’s work history and realistic earning capacity. In the case Tutt v. Hudson, 2D19-1437 (Fla. 2d DCA June 24, 2020), the former husband appealed an order which imputed income of $500.00 per day to him.
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.