Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
National Cocoa Day is December 13, and what better time to cozy up with a cup of hot chocolate than the holiday season? Check out our recipe picks!
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Pro se litigants in Florida family law cases are parties who are not represented by a lawyer. They are representing themselves, and even if they are not familiar with rules of procedure or the law, they are usually held to the same standard as a lawyer in conducting themselves in the case. This is why it may not be ideal to proceed pro se. The case Duhamel v. Duhamel, 2D18-4020 (Fla. 2d DCA September 5, 2020) is an example of how self-representation can cause complications.
Posted by Nydia Streets of Streets Law in Florida Paternity
When can a party ask for disqualification of the opposing lawyer in a Florida family law case? If the lawyer is deemed to have formed an attorney-client relationship with both parties in the same case, disqualification of the lawyer may be appropriate. In the case L.E.B. v. D.D.C., 2D19-4372 (Fla. 2d DCA September 25, 2020), the issue of disqualification of a legal aid attorney arose.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Can text messages be entered into evidence in a Florida family law case? The answer depends on whether or not the messages can be authenticated. The party asking to have the text messages considered has the burden of proving who sent the message and that it is a true and correct copy of the message sent. This issue came up in the case Walker v. Harley-Anderson, 4D19-2216 (Fla. 4th DCA September 9, 2020).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Even if Florida is determined to be the home state of a child in a Florida child custody proceeding, the Florida courts may not be convenient because the child and one parent live in a different state. If this is the case, a parent may file a motion to dismiss based on forum non conveniens. This was at issue in the case Murphy v. Collins, 3D20-658 (Fla. 3d DCA September 9, 2020).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
It’s the most wonderful time of the year and today might be one of the most wonderful days of the year - yes, it’s National Cookie Day! Celebrate with some delicious recipes.
Posted by Nydia Streets of Streets Law in Florida Divorce
A primary question in a Florida divorce when it comes to dividing marital assets and debts is what is everything worth? Since the court starts with the presumption that each spouse should be awarded an equal share of the marital estate, knowing the values of each asset and the amount of each debt owed is necessary to arrive at this equal division. The case Frett v. Frett, 5D20-187 (Fla. 5th DCA August 28, 2020) sheds light on this.
Posted by Nydia Streets of Streets Law in Florida Divorce
Obtaining a final judgment of divorce in Florida which grants a party financial relief is the first step in getting support payments or property distribution. The next step is collecting the money due. Since there may be time limits which preclude a party from collecting on a judgment, collections should be sought right away. This time limit was an issue in the case Webb v. Webb, 2D19-3089 (Fla. 2d DCA August 28, 2020).
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).