Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Child Custody
Shared parental responsibility in Florida is routinely awarded unless a parent can show having shared parental responsibility is detrimental to a child. There is also the option of awarding shared parental responsibility, but granting ultimate decision making authority to one parent. This issue was appealed in the case Glevis v. Glevis, 2D19-4530 (Fla. 2d DCA January 15, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
In a Florida divorce case that involved a dispute over responsibility for payment of fines levied against an improperly moored boat, the former spouses also disputed alimony and equitable distribution. This is discussed in the case Frank v. Frank, 3D19-1705 (Fla. 3d DCA January 6, 2021).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
This weekend, we have National Cherry Pie Day, National Muffin Day and National Sticky Bun Day all rolled into one! So get your sweet tooth ready for our weekend recipe line-up.
Posted by Nydia Streets of Streets Law in Florida Divorce
In a recent Florida family law appellate case, issues regarding alimony, child support and a parenting plan were appealed, leading to reversal of the trial court’s final judgment of divorce. Notably, the former husband successfully argued that the amount of alimony awarded to him was unsupported, that the child support calculations appeared to be arbitrary, and the agreed-upon parenting plan should have been adopted by the court. Today we review the case Garcia v. Espinosa, 3D20-265 (Fla 3d DCA January 6, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Support
Calculating child support in Florida requires knowledge of the parties’ incomes, the statutory deductions due to each parent, and certain expenses paid for the children such as daycare and health insurance. Findings regarding these matters must usually be contained in a final judgment. The case Buck v. Buck, 2D19-2824 (Fla. 2d DCA November 20, 2020) expounds on this.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Modification of a Florida parenting plan requires a finding by a court of a substantial, material and unanticipated change in circumstances. Failure to include findings to this effect usually requires reversal of the final judgment on appeal. The case Romeo v. Romeo, 2D19-3237 (Fla. 2d DCA November 20, 2020) sheds light on this standard.
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a child is removed from Florida and taken to another country by a parent, what can be done? International child custody disputes can be very complex because they involve application of international treaties as well as domestic laws. This is illustrated in the case Stone v. Suzuki, 2D20-451 (Fla. 2d DCA December 23, 2020).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Love is in the air! Looking to have a romantic dinner at home this weekend? Look no further than our weekend recipe line-up.
Posted by Nydia Streets of Streets Law in Florida Divorce
Before assets and debts can be divided in a Florida divorce, a court must make a determination of what is non-marital versus marital property or debt. The court must also value each asset and debt. Generally, the court starts with the proposition that each party should receive half of the marital estate. However, there are factors for the court to consider in deciding that distribution should be unequal. The case Rennert v. Rennert, 2D18-3906 (Fla. 2d DCA December 16, 2020) is one which reiterates this requirement for equitable distribution and examines the nature of non-marital property which is paid down with marital funds.
Posted by Nydia Streets of Streets Law in Florida Divorce
What happens if a party repeatedly fails to abide by a court order in a Florida divorce case? One of the most drastic sanctions a court can impose is a default or striking of a party’s pleadings. The entry of a default means the well-pled allegations of the petitioner’s complaint are accepted as true. A default can essentially prevent a party from asking for relief from the court and can prevent the assertion of defenses a party might have to accusations from the other party. The standard for entry of a default is examined in the case Aponte v. Wood, 4D19-3370 (Fla. 4th DCA December 16, 2020).
Posted by Nydia Streets of Streets Law in Florida Child Support
Florida child support arrears accrue when a parent who is ordered to pay child support fails to pay as ordered. Retroactive child support in contrast, is support that is determined to be owed during a period of time when a parent was not ordered to pay child support, but is nonetheless required to pay because the parents were separated during the period of non-payment. The case Lockwood v. Lockwood, 2D19-1254 (Fla. 2d DCA December 16, 2020) examines how far back a court can go in determining a parent’s arrearages when a temporary support order is entered.
Posted by Nydia Streets of Streets Law in Florida Divorce
When a party can prove a Florida domestic violence injunction no longer serves a purpose, that party may apply to dissolve, or cancel, the injunction. What are some examples of an injunction no longer serving a purpose? The case Black v. Black, 2D19-3738 (Fla. 2d DCA December 16, 2020) provides one.
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).
