Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Child Support
When a child is disabled and deemed dependent, can child support be extended past age 18 in Florida? Generally, the answer is yes, and whether or not this can happen in a case requires specific analysis. The case Skelly v. Skelly, 5D19-3780 (Fla. 5th DCA July 10, 2020) gives some guidance on this issue.
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
This weekend, there are multiple national food days including National Quesadilla Day, National Lobster day and National Pancake Day, so our recipe line-up is full of yummy options, to say the least!
Posted by Nydia Streets of Streets Law in Florida Child Custody
A guardian ad litem is sometimes appointed in contested Florida child custody cases. The guardian is a party to the case who investigates the claims made by each side and reports to the Court concerning the investigation. It is usually inevitable that one or both sides will be unhappy with the guardian’s findings. When a party wants to have the guardian replaced or dismissed, what standard must a court follow in determining a motion to disqualify a guardian ad litem? This was at issue in the case Bouchard v. Bouchard, 2D19-3592 (Fla. 2d DCA July 8, 2020).
Posted by Nydia Streets of Streets Law in Florida Alimony
Under Florida law, a court must consider the length of a marriage in determining whether or not alimony should be awarded. A marriage of less than 7 years is considered short-term, while a marriage that lasts between 7 and 17 years is considered moderate term. A marriage that is 17 years or longer is considered long-term. Permanent alimony is usually reserved for long-term marriages. How precise does the length of the marriage have to be? This was an issue in the case Giles v. Giles, 2D19-1268 (Fla. 2d DCA July 10, 2020).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Due process in Florida domestic violence cases is a requirement in order for an injunction to survive appellate scrutiny. One example of due process is the rule that a party must be on notice about what he or she should defend against at a hearing. So in a domestic violence case, a party filing a petition must be specific about the alleged incidents of violence and cannot bring up new incidents at the hearing that were not mentioned in the petition. This type of “ambush” litigation was at issue in the case J.G.G. v. M.S., 5D19-3483 (Fla. 5th DCA July 2, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
“Double-dipping” occurs in a Florida divorce case when a party is awarded credit twice in matters concerning equitable distribution and support payments. This was an issue in the case Jorgensen v. Tagarelli, 5D19-2132 (Fla. 5th DCA July 2, 2020) in which the former wife appealed a final judgment of dissolution of marriage concerning imputation of income and deductions given to the former husband in calculating his business income.
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.
