Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Divorce
A Florida divorce case can involve multiple issues including alimony, child support, equitable distribution and attorney’s fees. When there is an issue as to how the court rules on these issues, a time-consuming and costly appeal can follow. In the case O'Neill v. O'Neill, 4D19-1721 (Fla. 4th DCA October 28, 2020), an appeal was taken regarding child support, equitable distribution and a life insurance requirement.
Posted by Nydia Streets of Streets Law in Florida Child Support
When a parent is laid off from work what happens to his or her child support obligation? A change in income which is involuntary may be a basis for a Florida court to modify child support. But the fact that a parent loses his or her employment involuntarily does not mean he or she automatically qualifies for a reduction of support. Further analysis is required regarding the parent’s efforts to become re-employed. This was at issue in the case Gerville-Reache v. Gerville-Reache, 1D19-1331 (Fla. 1st DCA October 23, 2020).
Posted by Nydia Streets of Streets Law in Holidays
Christmas Blessings to you and yours! We wish you the gifts of infinite love, happiness, wealth and good health.
Posted by Nydia Streets of Streets Law in Florida Alimony
Modifying Florida alimony requires a showing of a substantial, and permanent change in circumstances which was not contemplated at the time the alimony was established. But what if a party is experiencing a change in income which is not permanent, but may last several months or possibly years? A party may apply for temporary alimony modification as illustrated in the case Sjogren v. Sjogren, 4D19-1415 (Fla. 4th DCA October 28, 2020).
Posted by Nydia Streets of Streets Law in Florida Child Support
What happens if a party fails to timely request a hearing in a Florida administrative child support proceeding? The opportunity to challenge a proposed child support order arises at least twice before a final support order is entered. In the case Feliciano v. DOR, 4D19-3431 (Fla. 4th DCA October 28, 2020), the father appealed an administrative child support obligating him to pay over $800 per month.
Posted by Nydia Streets of Streets Law in Florida Divorce
Most Florida jurisdictions require parties to a Florida family law case to attend mediation prior to their case being set for trial. Mediation is a meeting at which the parties and their lawyers, if any, try to reach an agreement on the issues in their case with a trained negotiator known as a mediator. Some parties prefer to save money and time, however, by negotiating directly between themselves or their lawyers. It is possible to resolve a case this way, and it is important to know when a binding contract is entered if this method is used. This was an issue in the case Thomas v. Thomas, 1D19-1259 (Fla. 1st DCA October 9, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
When parties to a Florida divorce discuss a settlement “on the record” or in the presence of the court and a court reporter, the court must ask both parties certain questions before ratifying the agreement. This is to ensure that both parties understand and fully agree to the settlement terms discussed. The case Frenkel v. Costa, 4D19-1841 (Fla. 4th DCA October 7, 2020) outlines what must be asked.
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
You may be preparing for a week of holiday hosting and gathering, so in the meantime, try these quick and easy recipes to keep your energy levels up!
Posted by Nydia Streets of Streets Law in Florida Divorce
Equitable distribution in a Florida divorce is governed by Fla. Stat. 61.075. which states in pertinent part: “the court shall set apart to each spouse that spouse’s nonmarital assets and liabilities, and in distributing the marital assets and liabilities between the parties, the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors [. . .]”. In the case Legere v. Legere, 1D19-3324 (Fla. 1st DCA October 7, 2020), the trial court entered a final judgment which awarded more equity in the marital estate to the former wife than to the husband.
Posted by Nydia Streets of Streets Law in Florida Child Support
When applying the Florida child support guidelines to a case, a Court must examine each parent’s net income. Florida Statutes, Chp. 61.30 indicates what deductions a parent is entitled to claim in arriving at his or her net income. One such deduction is the parent’s health insurance premium. But what about health insurance premiums a parent pays for other people in his or her household? This was an issue in the case Sylvester v. Sylvester, 5D19-2889 (Fla. 5th DCA October 9, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
The distinction between marital assets and non-marital assets in a Florida divorce is important because it determines what assets a spouse will keep and/or what payments need to be made from one spouse to the other to equalize the distribution. In the case Street v. Street, 2D18-283 (Fla. 2d DCA September 30, 2020), the trial court’s equitable distribution determination resulted in the former husband being ordered to pay almost $1 million to the former wife.
Posted by Nydia Streets of Streets Law in Florida Child Support
Child support proceedings in Florida can be initiated on a parent’s behalf by the Department of Revenue. This usually happens when a parent requests the Department of Revenue’s assistance or the parent begins receiving public assistance benefits. When a parent receives public benefits, he or she may assign to the Department of Revenue the right to seek child support from the other parent. But what happens when the parent receiving the benefits refuses to participate in the child support proceeding or otherwise cooperate? This was an issue in the case State of Florida Department of Revenue v. Taylor, 3D19-2092 (Fla 3d DCA September 30, 2020).
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).
