Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Parties can agree in their Florida marital settlement agreement that if future litigation is initiated by either party, the party who “wins” will have his or her attorney’s fees paid by the other party. This is referred to as a prevailing party clause. Must a Florida family court enforce this clause? This was at issue in the case Levy v. Levy, 3D19-73 (Fla. 3d DCA July 15, 2020).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Getting an order or final judgment that declares money is owed to you in a Florida family law case is the first step in collecting your award. If the other party does not pay what is owed to you, what are your options? One method of enforcement is a writ of continuing garnishment. This was at issue in the case Ziegler v. Ziegler, 5D19-2218 (Fla. 5th DCA July 10, 2020).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Fall is in full-swing, so let’s embrace this cozy season with some fall drink recipes!
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is a petition for writ of certiorari in a Florida family law case? This is a pleading filed with a higher court, known as the appellate court, which reviews the trial court’s decisions. In order to obtain a writ of certiorari, the petitioner has to show (1) a material injury in the proceedings that cannot be corrected on appeal (sometimes referred to as irreparable harm); and (2) a departure from the essential requirements of the law. This was at issue in the case Stivelman v. Stivelman, 3D20-136 (Fla. 3d DCA July 8, 2020).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
There are rules of procedure in Florida family law which inform all parties how to move a case forward. Comprehension of these rules includes knowledge of the nuances and clear directives in each rule. In the case Wiendl v. Wiendl, 2D19-3325 (Fla. 2d DCA July 8, 2020), the appellate court was required to analyze the plain meaning of a certain rule of procedure when the former husband challenged an order entered against him.
Posted by Nydia Streets of Streets Law in Florida Child Support
When a parent fails to exercise time-sharing in accordance with a Florida parenting plan, that parent may be at risk of having his or her child support obligation retroactively increased starting from the date the parent stopped regularly exercising his or her time-sharing. But what happens when there is a typo in the parenting plan regarding the amount of overnights spent by the parent paying child support? This was at issue in the case Coriat v. Coriat, 3D19-904 (Fla. 3d DCA July 8, 2020).
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.
