Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
COVID-19 brought changes to the world, and many of us had to adjust to a new way of life which includes videoconferencing instead of in-person meetings. As many courts continue to hold hearings via video, rather than in-person, the requirements regarding allowing testimony by electronic means has not been an issue so much as it may be in the future or was in the past. In the case A.V. v. T.L.L., 2D19-530 (Fla. 2d DCA August 7, 2020), the father in a paternity case took issue with the court allowing testimony of a witness by telephone.
Posted by Nydia Streets of Streets Law in Florida Alimony
When a party fails to make alimony payments under a court order, what remedies are available to the other party? One remedy is to file a motion for contempt. In order to be successful on a motion for contempt, there has to be a showing that the payor had the ability to pay alimony and willfully failed to do so. This was an issue in the case Jacobs v. Jacques, 2D18-4858 (Fla. 2d DCA August 12, 2020).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Happy Halloween Eve! Our weekend recipe guide has spooky treats which are sure to delight as you and the family celebrate.
Posted by Nydia Streets of Streets Law in Florida Divorce
When a spouse is awarded alimony in a Florida divorce, how does this affect the child support calculation? Since alimony paid to a spouse is considered income, the alimony should be subtracted from the paying spouse’s monthly income and included in the receiving spouse’s monthly income when calculating child support. This was one issue discussed in the case Paul v. Paul, 5D19-2223 (Fla. 5th DCA August 14, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
Under what circumstances would a spouse be held responsible for the alleged dissipation of marital assets in a Florida divorce? Intentional waste, dissipation or destruction of marital property may be considered in determining equitable distribution. There must be evidence that the spouse intentionally wasted marital assets and spent them for a non-marital purpose. This was an issue in the case Niederkohr v. Kuselias, 5D19-3231 (Fla. 5th DCA August 14, 2020).
Posted by Nydia Streets of Streets Law in Florida Alimony
Before a court can award Florida alimony, equitable distribution must be decided. This is because a spouse asking for alimony might not need it if he or she is awarded sufficient money and assets in the divorce. A non-primary residence house awarded to a spouse, for example, might be a source of rental income for that spouse that would satisfy an alimony need. When the assets are not enough to satisfy an alimony need, the court might award a monthly payment. This was at issue in the case Harkness v. Harkness, 4D19-1434 (Fla. 4th DCA July 29, 2020).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What are the reasons a Florida family law order will be set aside? There are various ways to challenge a court order, and knowing which way is best is the key to optimizing your chances of success on a motion to vacate an order. In the case Romero v. Brabham, 4D19-3769 (Fla. 4th DCA July 22, 2020), the former wife challenged an order holding her in contempt after she did not appear at a hearing.
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
October 24 is National Food Day, a day which focuses on healthy food and nutrition. Gather the family and try some of these healthy and delicious recipes this weekend!
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Are parties required to attend mediation in their Florida family law case? Some jurisdictions require that the parties attend mediation prior to a trial date being set in their case. This is so that the parties have an opportunity to resolve their differences rather than having the judge decide what happens. Some parties agree in their settlement contracts that any future disagreements will be submitted to mediation prior to the parties initiating litigation. This was an issue in the case Rudnick v. Harman, 4D20-1004 (Fla. 4th DCA July 22, 2020).
Posted by Nydia Streets of Streets Law in Florida Child Support
Florida child support can be established through what is called an administrative child support proceeding. This proceeding is usually handled via mail and without the parties attending court, unless a hearing is requested or the obligor indicates he or she has filed or wishes to have filed a petition in court regarding support. In the case Crespo v. Watts, 1D19-4194 (Fla. 1st DCA August 12, 2020), a ruling from a hearing held in an administrative child support proceeding was appealed.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Once an injunction is entered against a person, he or she might wonder how to get the injunction dissolved. If the time for appeal or the filing of the appropriate motion or pleading to challenge the entry of the injunction has passed, a party may have the option of filing a motion to dissolve the injunction. In Sweet v. Tucker, 1D19-1964 (Fla. 1st DCA August 17, 2020), an appeal was taken regarding the denial of a motion to dissolve.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
The right to defend yourself against allegations made against you is a fundamental one in the Florida family law courts. When a party is accused of domestic violence, he or she has the right to call witnesses and present evidence to the court in opposition to the allegations. This fundamental right was an issue in the case Berkley v. Roy, 1D19-3792 (Fla. 1st DCA August 19, 2020).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Carb lovers, unite! National Pasta Day is October 17 and was made for you. Embrace it with our weekend recipe picks!
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
If someone posts insults and character attacks regarding another person on his or her social media account, does this qualify as cyberstalking for purposes of obtaining a domestic violence injunction? The Florida Statutes define cyberstalking as “engag[ing] in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person causing substantial emotional distress to that person and serving no legitimate purpose." This was at issue in the case Krapacs v. Bacchus, 4D19-641 (Fla. 4th DCA August 12, 2020).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What happens if a party does not show up to a hearing in his or her Florida family law case if the party’s appearance is required? Since the testimony and evidence of the party who does show up may be unopposed, the Court can order relief against the missing party that may not be favorable. This happened in the case Barrett v. Busser, 2D19-1744 (Fla. 1st DCA August 7, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a party is self-employed, income can fluctuate which may make it difficult to assign a fair or consistent income amount to the party. This affects child support and alimony calculations, along with rulings on a request for attorneys’ fees and costs. At issue in the case Waldera v. Waldera, 3D18-1546 (Fla. 3d DCA August 5, 2020) was the former wife’s complaint that the trial court did not correctly calculate the former husband’s income for purposes of calculating his support obligations.
Posted by Nydia Streets of Streets Law in Florida Child Support
What happens when there is a delay between a trial and the date the final judgment is actually entered? Sometimes when too much time has passed, details can be forgotten and evidence becomes stale. An appeal of the final judgment may be necessary when there are differences between the findings made at the hearing and what is included in the order. A delay in entering the final judgment was an issue in the case Tavares v. Enoch, 4D19-2135 (Fla. 4th DCA August 5, 2020).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
If you love angel food cake, October 10 is set aside as a national day to celebrate this sweet treat. Try some variations of the heavenly dessert with our weekend recipe picks!
Posted by Nydia Streets of Streets Law in Florida Child Support
If a parent who is ordered to pay child support has other children after the support order is entered, is that a basis to modify child support in Florida? If a parent is seeking a decrease in child support, Florida law generally states that modification cannot be based on after-born children. However, if a parent is seeking to increase the other parent’s child support payments, the after-born child may be asserted as a reason to deny modification or at least to grant a deviation from the Florida child support guidelines in the paying parent’s favor. This was an issue in the case Reed v. Fla. Dep't of Revenue, 1D19-3833 (Fla. 1st DCA August 6, 2020).
Posted by Nydia Streets of Streets Law in Florida Alimony
How does the standard of living experienced during a marriage affect an award of Florida alimony? The standard is a factor the court will consider in awarding the amount of spousal support. If parties lived a modest lifestyle, the alimony award should reflect that. This was an issue in the case Pricher v. Pricher, 5D19-243 (Fla. 5th DCA July 17, 2020).
