Posted by Nydia Streets of Streets Law in Holidays
On this MLK Day, we wish you all love, peace and happiness! May we all love each other as we love ourselves.
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
How many of us are staying on track with our new year health resolutions? We are trying over here! Here are some healthier “pasta” alternatives for your weekend recipe picks.
Posted by Nydia Streets of Streets Law in Child Custody
To modify a parenting plan in Florida, a court must make a finding that there has been a substantial change in circumstances which was not contemplated at the time of entry of the final judgment. Additionally, the court must find a modification is in the best interest of a child - a parenting plan usually cannot be changed because a parent changes his or her mind. A modification was sought in the case Romeo v. Romeo, 2D19-3237 (Fla. 2d DCA November 20, 2020).
Posted by Nydia Streets of Streets Law in Florida Child Support
Can parties agree to have a parent pay less than the Florida child support guidelines state? Under Florida law, child support is a payment that belongs to the child which is paid to the custodial parent as a trustee. In the case Newman v. Newman, 2D19-1672 (Fla. 2d DCA October 23, 2020), the former husband alleged he had an agreement with the former wife not to pay child support despite a court order requiring him to do so.
Posted by Nydia Streets of Streets Law in Florida Divorce
How do you determine the county in which you should file your Florida divorce case when after separation, spouses move to different counties? Florida law states that venue is appropriate in the county in which the parties last resided together during their intact marriage. This was an issue in the case Huber v. Huber, 3D20-1228 (Fla. 3d DCA October 21, 2020).
Posted by Nydia Streets of Streets Law in Florida Child Custody
The Hague Convention applies to international child custody cases in which an accusation of parental abduction or interference with a child custody right is at issue. As stated in the case Cruz de Carvalho v. Carvalho Pereira, 1D20-523 (Fla. 1st DCA November 16, 2020): “The Convention’s central operating feature is the return remedy. When a child under the age of 16 has been wrongfully removed or retained, the country to which the child has been brought must ‘order the return of the child forthwith,’ unless certain exceptions apply.”
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).