Miami family law attorney blog
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
We hope your first week of 2021 has brought positive vibes and good changes. Keep that energy going by celebrating National Bubble Bath Day! Here are some bath recipes that may help you find that inner balance.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
A party who fails to pay alimony or child support in Florida may face jail time if the failure to pay is willful. There are a number of requirements that must be met before a contemnor is arrested. The case Martin v. Eldemire-Martin, 4D19-3398 (Fla. 4th DCA November 12, 2020) outlines some of those requirements.
Posted by Nydia Streets of Streets Law in Florida Divorce
How does a divorce happen in Florida if one spouse is incarcerated? Being incarcerated does not stop a dissolution of marriage from proceeding in Florida so long as the imprisoned spouse is given the opportunity to participate in the case. In Weston v. Weston, 1D19-3727 (Fla. 1st DCA November 6, 2020) the issue of an incarcerated spouse’s opportunity to participate in the final hearing was at issue.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Florida courts have routinely held that it is inappropriate to use a Florida domestic violence injunction to attempt to keep the peace between neighbors. When neighbors feud, this can cause stress and disturb a person’s quiet enjoyment of his or her home. However, this disturbance may not be enough to support a Florida domestic violence injunction. We review this in the case Cash v. Gagnon, 4D19-1302 (Fla. 4th DCA November 4, 2020).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a parent is accused of abusing a child, it is possible to petition for a Florida domestic violence injunction on behalf of the child. If an injunction is entered, the parent who is determined to be abusive may lose his or her time-sharing. The distinction between a termination of parental rights and a permanent injunction was highlighted in the case Helweg v. Bugby ex rel. S.J.H., 1D19-4093 (Fla. 1st DCA November 4, 2020).
Posted by Nydia Streets of Streets Law in Holidays
May this year bring you all that you desire! Here is to seeing dreams come true and to continued love and happiness among family and friends. We are grateful for your support and look forward to continuing to serve you.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What happens if a party wants to appeal a general magistrate’s ruling in a Florida family law case? First the party is usually required to file a motion for exceptions to the general magistrate’s report within a certain amount of time. Doing so allows the trial judge to review the general magistrate’s ruling and decide whether or not an error was committed. We review this procedure in the case Langsetmo v. Metza, 4D19-2138 (Fla. 4th DCA November 4, 2020).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A parent may be held in contempt of a Florida parenting plan if he or she is willfully refusing to follow its terms. To show that a parent is intentionally refusing to abide by a court-ordered parenting plan, one requirement is that the court-ordered plan have clear and concise terms. This is illustrated in the case Lynne v. Landsman, 1D20-350 (Fla. 1st DCA November 4, 2020).
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).
