Miami family law attorney blog
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
As Thanksgiving nears, you may be looking for easy-to-prepare meals in an effort to save your energy and appetite for the feast to come. Look no further, we have you covered with our weekend recipe picks!
Posted by Nydia Streets of Streets Law in Florida Child Custody
A child’s participation in extracurricular activities is an important consideration in a Florida parenting plan. The cost and time commitment involved in many extracurricular activities can have an impact on a parent’s time-sharing and wallet. This is why it is important that a Florida child custody order contain the appropriate provisions to account for the child’s participation in such activities, and the parent’s obligations regarding the same. This was an issue in the case Malha v. Losciales, 3D19-1957 (Fla. 3d DCA August 19, 2020).
Posted by Nydia Streets of Streets Law in Holidays
"As we express our gratitude, we must never forget that the highest appreciation is not to utter words, but to live by them." -John F. Kennedy.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
A parent’s passport can be held by the court to compel compliance with, for example, child support obligations. However, certain procedural requirements must be met in order to divest a parent of his or her passport. This was an issue in the case Sosa v. Portilla, 3D20-475 (Fla. 3d DCA July 22, 2020).
Posted by Nydia Streets of Streets Law in Florida Child Custody
In order to modify a Florida parenting plan, there must be a showing of a material, substantial and unanticipated change in circumstances which was not contemplated at the time of entry of the original plan. A court has less discretion in modifying a parenting plan than it does in initially creating one. In the case Miller v. Miller, 5D19-558 (Fla. 5th DCA August 21, 2020), the former husband appealed a final judgment modifying a child custody order and child support.
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Happy National Nachos Day! Treat yourself to some homemade takes on this crowd-pleasing dish.
Posted by Nydia Streets of Streets Law in Florida Divorce
Is rental income included for purposes of calculating Florida child support? The general answer is yes. Florida Statutes Chp. 61.30 define what should be considered income in determining a parent’s child support obligation. In the case Marenco v. Marenco, 2D18-1664 (Fla. 2d DCA July 29, 2020), the former wife appealed the trial court’s calculation of her rental income.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Attorney’s fees can be requested in a Florida divorce based on need and ability to pay. A spouse who has not worked during the marriage, for example, may ask that the court require the working spouse to pay his or her attorney’s fees and costs. This is to “even the playing field” so-to-speak, so that each party has the opportunity to obtain competent legal counsel for the proceedings. In the case Bolliger v. Fries, 2D19-2587 (Fla. 2d DCA July 31, 2020), the former husband appealed a denial of his request for attorney’s fees and costs.
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).
