Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Child Support
Modifying child support in Florida may occur because of increased expenses for a child. As a child grows older, he or she may need additional funds to support extracurricular activities, tutoring, food, and other living expenses. In Gore v. Smith, 3D19-1947 (Fla. 3d DCA July 29, 2020), an appeal concerning a modification of child support was at issue.
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
This weekend, it’s all about gingerbread as we celebrate National Gingerbread Cookie Day on November 21. What better way than with our recipe guide?
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When is it proper to disqualify a judge in a Florida family law proceeding? When a party has a reasonable basis to believe he or she will not receive an impartial ruling from a judge based on the judge’s conduct or statements, disqualification may be appropriate. This was an issue in the case Murphy v. Collins, 3D20-0672 (Fla. 3d DCA July 22, 2020).
Posted by Nydia Streets of Streets Law in Florida Child Support
Can child support be ordered past age 18 in Florida? The Florida Supreme Court has held “Generally, the obligation of a parent to support a child ceases when the child reaches majority, but an exception arises when the child is, from physical or mental deficiencies, unable to support [herself].” Perla v. Perla, 58 So. 2d 689, 690 (Fla. 1952). In the recent case Fernandez v. Fernandez, 3D20-104 (Fla. 3d DCA August 5, 2020), an adult dependent child petitioned the court for support from her father.
Posted by Nydia Streets of Streets Law in Florida Divorce
When a divorce case is filed in Florida, and a divorce case involving the same parties is also filed in another country, which court has jurisdiction to decide the issues in the case? The answer is not always simple, but the case Vicario v. Blanch, 3D19-1044 (Fla. 3d DCA August 19, 2020) is an example of how a Florida court may analyze competing petitions for divorce in different jurisdictions.
Posted by Nydia Streets of Streets Law in Florida Divorce
When a Florida divorce case includes issues of equitable distribution and alimony, there must be specific findings made in the final judgment regarding these issues. Without these findings, a final judgment of divorce may be susceptible to being overturned on appeal. Such was the case in the matter Ortiz v. Ortiz, 3D19-2232 (Fla. 3d DCA August 12, 2020).
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).
