Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a party willfully refuses to follow a court order, that party may be held in contempt by the court. Contempt carries the possibility of punishment ranging from monetary fines to incarceration. A father who refused to surrender his child’s passport to the mother of the child in violation of a court order was the subject of the case Harrington v. Pospishil, 4D20-891 (Fla. 4th DCA February 17, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a party intentionally wastes marital funds, this is called dissipation. If a court finds that dissipation has occurred, a court should award half of the dissipated funds to the innocent spouse or credit the full value of the dissipated asset to the offending spouse in the equitable distribution scheme. This was an issue in the case Peterson v. Peterson, 2D19-181 (Fla. 2d DCA February 5, 2021).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Spring is in the air! What’s on the menu this weekend? Ravioli, of course, in celebration of National Ravioli Day on March 20! Get your kitchen ready for some delicious interpretations of this dish.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Parties to a Florida family law proceeding have the right to have court reporter appear at and record a hearing. This is often important to do in order to preserve a party’s appellate rights. Without a transcript of the trial court’s proceedings, an appellate court may not be able to determine if an error was committed. This is illustrated in the case Posso v. Sierra, 5D20-578 (Fla. 5th DCA February 12, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Attorney’s fees can be awarded in a Florida paternity case where the financial resources of the parties are disproportionate. This award can be made without regard to who ultimately prevails in the case. An award of fees is determined in two parts - first the entitlement to fees and then the r
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A domestic violence claim in Florida must be proven by competent, substantial evidence. A domestic violence injunction can be entered when a court finds a person has a reasonable apprehension that he or she is in imminent danger of becoming a victim of domestic violence. What is sufficient evidence? This was an issue in the case Chiscul v. Hernandez, 4D20-287 (Fla. 4th DCA February 10, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
Miami is a city with international ties, so it is no surprise that many divorce cases here involve other countries. Parties who obtain a divorce decree in another country may argue that a Miami divorce court has no subject matter jurisdiction to decide divorce issues. This was a question in the case Armand v. Amisy, 3D20-605 (Fla. 3d DCA February 10, 2021).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Today is National Plant a Flower Day, a day which helps us look forward to spring as we add beauty to nature. This Sunday we also celebrate a delicious treat from nature - potatoes! National Potato Chip Day gives our weekend recipe line-up a nice crunch.
Posted by Nydia Streets of Streets Law in Florida Child Support
Personal jurisdiction in a Florida family law case refers to the right or power a court has to make decisions affecting a person. The first step to establishing personal jurisdiction over a person is to have that person served with notice of a lawsuit. Without personal jurisdiction, a court lacks the ability to enter orders telling a person to do something or to restrict his or her rights. This was an issue in the case Dep't of Revenue ex rel. T.H.W. v. D.E.B, 2D20-271 (Fla. 2d DCA February 12, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a parent from whom child support is sought in Florida pays court-ordered child support for another child, the support paid for the other child must be deducted from the parent’s income in calculating support for the current child. This is because that income is not available to the parent if he or she is paying it for another child. Whether or not a court will consider support paid for another child depends on if the payments are actually being made. This was an issue in the case Dep't of Revenue v. McMullen, 1D20-6 (Fla. 1st DCA February 12, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
If two spouses own property in Florida along with a third party such a parent of either spouse, how is that property divided in a Florida divorce? The answer to this questions starts with having the appropriate parties named in the divorce case. A third party who claims ownership to any marital property may file a motion to intervene in the case. This was an issue in Bailey v. Bailey, 4D19-3459 (Fla. 4th DCA January 27, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
Equitable Distribution and alimony and two common components of a Florida divorce, especially when the parties have been married for a long time. Alimony must be based on the net incomes of the parties, and factors such as the age and health of the parties, and the lifestyle established during the marriage have to be considered. Distribution of marital assets and debts begins with the premise that division should be equal, but there are factors that call for unequal distribution. These were issues in the case Ritacco v. Ritacco, 4D19-809 (Fla. 4th DCA January 27, 2021).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Anyone tired of the various national food days? Not us! Let’s celebrate National Cereal Day on March 7 by trying some recipes incorporating this treat.
Posted by Nydia Streets of Streets Law in Florida Child Custody
A case that was appealed last year in the Florida 1st District Court of Appeal was reconsidered and a new opinion was released. The case involved a dispute about child custody jurisdiction between Florida and Oregon, and this time, the maternal grandmother and paternal grandparents of the child were at odds about the court’s prior ruling on jurisdiction. The case is Lunsford v. Engle, 4D19-774 (Fla.4th DCA January 20, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Support
In a Florida administrative child support proceeding, the parties have the ability to have child support calculated without going to court. If a parent objects to the proposed child support amounts, however, that parent can request a hearing and a judge will resolve any disputes. If a parent does not show up to that hearing, a judge might make decisions in his or her absence. Such was the case in Fla. Dep't of Revenue v. Carreira, 1D20-1086 (Fla. 1st DCA January 15, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
Sometimes after parties are divorced, they choose to maintain financial ties with each other. While this sometimes works out well for both parties, it may give rise to costly future litigation when it does not work out. Such was the case in Greenshields v. Greenshields, 5D19-758 (Fla. 5th DCA January 22, 2021).
Posted by Nydia Streets of Streets Law in Florida Alimony
When parties are voluntarily underemployed or unemployed, a court may impute income for purposes of calculating Florida alimony. This means the court will treat each party as if he or she is earning income he or she is capable of earning even if he or she is not actually earning that income. This in theory forces the underemployed or unemployed spouse to obtain employment at the salary level he or she is capable of earning so that the court-ordered amount can be paid. But what if after being imputed income, a spouse uses best efforts and gets a job that pays less than the amount imputed to him or her? This happened in the recent appellate case Hampson v. Hampson, 2D19-1105 (Fla. 2d DCA January 22, 2021).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
This weekend, it’s all about strawberries as we celebrate National Strawberry Day on February 27! This cute fruit is versatile enough to incorporate in many dishes, and here are a few for you to try.
Posted by Nydia Streets of Streets Law in Florida Child Support
How long does it take to establish paternity in Florida? The answer depends on what issues are disputed in the case - if parties do not agree on time-sharing, for example, this may mean lengthy litigation. Disputes over calculation of child support can also take time. In the case D.H. v. J.H., 2D19-3968 (Fla. 2d DCA January 20, 2021), the parties were involved in a paternity lawsuit for more than two years.
Posted by Nydia Streets of Streets Law in Florida Name Change
Can I change my name in Florida if I have a criminal record? This is a question often asked by parties wishing to change their name. A name change can be granted as part of many family law actions, including divorce, adoption and paternity. It can also be granted as an independent action under a name change petition. An appeal was taken in the case Medina v. State, 4D19-3891 (Fla. 4th DCA January 20, 2021) in which a request for a name change was denied because of the petitioner’s criminal record.
