Posted by Nydia Streets of Streets Law in Florida Divorce
When a party requests that the other party pay his or her attorney’s fees and costs in a Florida divorce case, what is considered by the court? If the request is based on a disparity in income levels between the parties, the court will look at the need of the spouse asking for fees to be paid and the ability of the other spouse to pay the fees. It is important to understand what is considered income for purposes of determining need and ability to pay. This was at issue in the case Gonzalez v. Reyes, 2D19-1841 (Fla. 2d DCA August 28, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
If a party earns less money than the other spouse in a Florida divorce, the lesser earning spouse may be entitled to have his or her attorney’s fees paid by the higher earning spouse. However, if the spouse asking for his or her attorney’s fees to be paid commits misconduct during the case, this may affect his or her ability to have those fees paid. This was an issue in the case Root v. Feinstein, 4D19-0701 (Fla. 4th DCA August 26, 2020).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
We hope you enjoyed your Thanksgiving! Put those delicious Thanksgiving leftovers to work with these creative recipes that will help you enjoy them in a new way.
Posted by Nydia Streets of Streets Law in Holidays
“Wear gratitude like a cloak, and it will feed every corner of your life.” - Rumi
Posted by Nydia Streets of Streets Law in Florida Divorce
When a third party creditor is owed money by a husband and wife, that creditor may be able to intervene in a Florida divorce case to preserve his or her rights. An example is when a relative lends money to a married couple and the couple defaults on the payments. Once a divorce is filed, the creditor may become a party to the case to pursue repayment of the loan. This was an issue in the case Frank v. Frank, 3D19-1525 (Fla. 3d DCA August 26, 2020).
Posted by Nydia Streets of Streets Law in Florida Child Custody
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a set of rules adopted by a majority of U.S. states which seeks to prevent confusion in handling interstate child custody issues. The states that agree to follow the UCCJEA are bound by a set of rules which govern child custody disputes that concern more than one state. Florida has adopted the UCCJEA, and one of the most common applications of it in Florida child custody cases is the home state rule. In order for a Florida court to exercise jurisdiction over a child custody dispute, the child who is the subject of the case must have resided in Florida for six consecutive months immediately preceding the filing of the case. UCCJEA jurisdiction was disputed in the case Varchetti v. Varchetti, 4D20-582 (Fla. 4th DCA August 26, 2020).
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.
