Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Peanut butter and jelly take center stage in this weekend’s recipe line-up since today is National PB&J Day!
Posted by Nydia Streets of Streets Law in Florida Child Custody
Modification of a Florida parenting plan can be ordered when there is a showing of a substantial change in circumstances which was not contemplated at the time the original judgment was entered. The inability of separated parents to get along may alone not be enough to change a parenting plan. However, a parent’s continuous violation of a parenting plan may be a basis to modify the same. This was an issue in the case Aiala v. Larkin, 4D20-55 (Fla. 4th DCA March 3, 2021).
Posted by Nydia Streets of Streets Law in Florida Paternity
Can a party be held in contempt for failure to pay court-ordered attorney’s fees in a Florida family law case? If the party willfully refuses to pay (meaning he or she has the ability to pay but chooses not to), an order of contempt may be entered. The penalty could include jail time or other coercive measures. This was an issue in the case Williams v. Samuels, 2D20-967 (Fla. 2d DCA February 17, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
Even after a Florida marital settlement agreement is entered, parties can be back in court for enforcement issues or clarification of terms of the agreement. When a party does not follow the agreement, that party may be subject to contempt of court or enforcement remedies. In the case Schuenzel v. Schuenzel, 3D19-2377 (Fla. 3d DCA February 17, 2021), former spouses were back in court on the issue of the former wife’s failure to pay certain expenses toward the marital home.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Child custody issues in Florida generally cannot be decided by default. This is because the best interest of the child is the paramount concern, and granting one parent custody rights over the other without allowing the other parent the chance to present evidence concerning the best interest of the child may be detrimental. A default is entered when a party fails to timely respond to a petition. A default means the party who failed to respond admits the allegations made by the other party. This was an issue in the case Corridon v. Corridon, 3D20-0596 (Fla. 3d DCA February 17, 2021).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Fewer vegetables are easier to incorporate in most recipes than spinach. Must be why there is a national day to celebrate it on March 26! Here are some spinach-friendly recipes to try this weekend.
Posted by Nydia Streets of Streets Law in Florida Divorce
Will my spouse be responsible for paying my attorney’s fees in my Florida divorce? This is a question asked by many as they contemplate filing for a dissolution of marriage. The answer depends on the earning levels of both parties, as well as the behavior of each party during the litigation. This issue was appealed in the case Shaw v. Shaw, 1D20-1600 (Fla. 1st DCA February 18, 2021).
Posted by Nydia Streets of Streets Law in Florida Prenuptial and Postnuptial Agreements
How do you ensure that a Florida prenuptial agreement will be upheld? There are careful steps and considerations which must be taken when a prenuptial agreement is entered, and it is usually not enough for parties to just download a form online and sign it. When a party alleges there is fraud, duress or coercion involved in the entry of this type of agreement, a court must analyze the circumstances surrounding the execution of the agreement. This was an issue in the case Bates v. Bates, 3D19-1884 (Fla. 3d DCA February 3, 2021).
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).