Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Super Bowl weekend is upon us and that means it’s time for some crowd-pleasing game bites! Check out our recipe line-up as you cheer for your favorite team.
Posted by Nydia Streets of Streets Law in Florida Divorce
When a spouse is thinking about filing for divorce in Florida, he or she may wonder what immediate rights each spouse has to property and to financial support. Many counties in Florida, including Miami-Dade County, has what is known as a status quo order which states that once a petition for divorce is filed, the parties must generally maintain the status quo by, for example, continuing to pay expenses that have been historically paid and maintaining insurance policies. But what about before a divorce petition is filed? If a spouse intentionally disposes of or hides assets in preparation for a divorce filing, this is a factor that can be considered in equitable distribution. Such was the case in Corrales v. Corrales, 3D19-2524 (Fla. 3d DCA December 23, 2020).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
How close in time must an incident of domestic violence be to filing a petition for injunction against violence in Florida? This was an issue in the case Magloire v. Obrenovic, 2D20-145 (Fla. 2d DCA December 11, 2020) in which the alleged victim of domestic violence testified that the last incident of violence occurred more than one year to the date she filed the petition for protection against domestic violence.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a domestic violence injunction is entered against a person in Florida, that person is required to surrender his or her firearms. This can happen when a temporary injunction is entered pending the outcome of a final hearing. If the injunction is ultimately denied, the person whose firearms were surrendered is typically entitled to have his or her property returned immediately since the temporary injunction expires by the time the permanent injunction is denied. This was an issue in the case Wolfe v. Newton, 2D20-1994 (Fla. 2d DCA December 11, 2020).
Posted by Nydia Streets of Streets Law in Florida Postnuptial Agreements
What is the difference between a prenuptial agreement and a postnuptial agreement in Florida? A prenuptial agreement is entered before the parties get married and a postnuptial agreement is entered after the parties get married. The effect of these agreements is the same - they generally state what will happen if the parties divorce among other matters. The difference lies really in the timing of when the agreement is signed - before or after marriage, but they are equally enforceable when found to be valid. In Singer v. Singer, 4D19-901 (Fla. 4th DCA December 9, 2020), there arose a jurisdictional dispute about a postnuptial agreement.
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
There seems to be a national day for most types of food these days, and we are not complaining! Today is National Corn Chip Day, folks, so let’s get creative with some recipes incorporating this crunchy favorite.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What happens when what a judge says at a hearing conflicts with what is written in the final judgment? Generally, the judge’s oral ruling controls, and if there is a discrepancy or inconsistency in the final judgment, it may be necessary to file a motion for amendment or for clarification. Errors in a final judgment of divorce were appealed in the case Karkhoff v. Robilotta, 4D19-2947 (Fla. 4th DCA December 9, 2020).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is discovery in a Florida divorce? This is a process in which parties seek information to support his or her side of the case. For example, in discovery parties may request of each other paystubs and bank statements for purposes of discovering the other parties’ income for calculation of child support. Can a party object to discovery? Maybe, and whether or not the objection will be sustained depends on the nature of the discovery sought, among other factors. This is illustrated in the case McCloud v. Tackett 1D20-1782 (Fla. 1st DCA December 10, 2020).
Posted by Nydia Streets of Streets Law in Florida Child Support
Does a parent get a reduction for child support in Florida for child support paid for other children? The answer depends on many factors such as whether or not the support for the other children is court ordered, whether the other children are older are younger and whether a proceeding is for establishment versus modification of support. A father sought credit for two older children of whom he had custody when child support was calculated for his younger child in the case Robbins v. Kerns, 1D20-1310 (Fla. 1st DCA December 10, 2020).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Requesting a psychological evaluation of a parent in a Florida child custody case implicates constitutional privacy concerns. This is why Florida law requires that certain steps and analysis take place before a court can compel a parent to undergo psychological testing. The case Ludwigsen v. Ludwigsen, 2D20-1228 (Fla. 2d DCA December 2, 2020), highlights some of the issues for a court to consider in ordering a parent to be evaluated.
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
National Blonde Brownie Day and National Pie Day in one weekend?! Yes, please! Try our line up of sweet recipes in recognition of these treats.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is a charging lien in a Florida family law case? This is a lien asserted by a lawyer against a client or former client concerning money owed by the client to the lawyer. There are specific requirements that must be met before a court can impose a charging lien in favor of a lawyer. The case Lubitz v. Schenden, 4D19-2420 (Fla. App. 2020) goes over those requirements.
Posted by Nydia Streets of Streets Law in Florida Child Custody
A party who wants to modify a Florida parenting plan has an “extraordinary burden” to show that there has been a substantial change in circumstances which warrants modification of time-sharing. This change must not have been contemplated at the time the parenting plan sought to be modified was established. In the case Lyles v. Guffey, 1D20-1159 (Fla. 1st DCA November 20, 2020), an appeal was taken concerning a request to modify time-sharing.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
In a Florida divorce, parties are sometimes able to resolve their differences without the help of a mediator and without the court making a decision in their case. When the parties reach an agreement themselves, they might agree to announce in front of the judge while in court their agreement for the record. After this is done, the agreement is reduced to writing and signed by the parties or the judge enters an order memorializing the terms of the parties’ agreement. In the case Fine v. Fine, 4D20-395 (Fla. 4th DCA November 25, 2020), the former wife appealed the trial court’s failure to include in a final judgment certain terms announced by the parties in court.
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.”