Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Alimony
A party’s failure to pay court-ordered alimony may subject that party to contempt of court. This also applies to the obligation to maintain a life insurance policy to secure an alimony award. What happens if a party who is in contempt cures the non-compliance before a hearing - is the issue of contempt now moot? This was the subject of the case Herce v. Maines, 2D19-3174 (Fla. 2d DCA March 12, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
The cutoff date for classification of an asset as marital or non-marital is the date of filing a petition for dissolution of marriage or the date specified by a separation agreement. How does this rule apply to contributions to a marital retirement account made after the filing of a petition for divorce? This was an issue in the case Murphy v. Murphy, 2D18-4635 (Fla. 2d DCA March 12, 2021).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
This weekend, each day makes for an odd combination of National Food Days, but we are here to roll with it! Today, celebrate National Eggs Benedict Day. Then tomorrow, try a new appetizer for National Cheeseball Day. Finally, end your weekend on Sunday with National Animal Cracker Day. Try recipes for each in this week’s lineup!
Posted by Nydia Streets of Streets Law in Florida Divorce
The ability to request attorney’s fees extends beyond the trial level in a Florida family law case into the appellate level. A party can request both temporary and permanent attorney’s fees in a Florida appellate case, and requesting or failing to request one does not foreclose the other. This was an issue in the case Palmateer v. Palmateer, 2D19-4330 (Fla. 2d DCA March 10, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Modification of a Florida parenting plan requires a showing of a substantial change in circumstances which was not contemplated at the time of entry of the plan. The standard does not require a court to consider whether or not the status quo will be detrimental to a child. This was an issue in the case R.S. v. S.K., 2D20-454 (Fla. 2d DCA March 12, 2021).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A petition for protection against domestic violence in Florida must put the accused on notice of the allegations being made against him or her. This is so that the accused can prepare a proper defense. If there is an objection at a hearing to evidence being offered in support of a claim which was not included in the petition, it is ordinarily error for a court to enter an injunction based on that evidence. This was an issue in the case Wynter v. Gutierrez, 5D20-2235 (Fla. 5th DCA March 5, 2021).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a final judgment of injunction against domestic violence is entered, the party against whom the injunction is entered must follow the order’s prohibitions against contacting or going near the victim. If the abuser violates the order, he or she may be held in contempt and/or be held criminally liable. This was an issue in the case Ogden v. Mindrebo, 1D20-462 (Fla. 1st DCA March 4, 2021).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
April 10 is National Siblings Day! What will you do with your built-in best friends this weekend to celebrate? How about cooking together? Here are some recipes to spread the love.
Posted by Nydia Streets of Streets Law in Florida Divorce
It is the general rule of Florida family law that support obligations can be enforced via the court’s contempt powers, while equitable distribution obligations cannot be enforced by contempt. So it is important that a marital settlement agreement or final judgment unambiguously specifies the nature of payments being made. This was an issue in the case Suarez v. Suarez, 3D20-611 (Fla. 3d DCA March 3, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
Sometimes parties do not want to wait until a final judgment is entered to divide assets. This may be because a spouse wishes to liquidate assets for expenses. When this is a case, a party has to file a motion for an interim partial distribution. There must be a showing of good cause to support such a request. This was an issue in the case Calvarese v. Calvarese, 4D20-1662 (Fla. 4th DCA March 3, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
How does a Florida divorce court determine the value of a business owned by the spouses? How about goodwill in the business? Goodwill refers to the value of the business attributable to the efforts and reputation of a spouse - that is, how much of the business’ value and revenue is due to a spouse’s interactions with customers or reputation in an industry? These were issues in the case King v. King, 1D19-3280 (Fla. 1st DCA March 4, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Support
Can a parent be required to pay private school tuition in a Florida child support case? Private school tuition is separate from child support, and whether or not a parent would be required to pay it depends on factors such as whether a parent historically paid it and whether a parent has the ability to afford it. This was an issue in the recent appellate case Maali v. Maali, 5D20-53 (Fla. 5th DCA March 5, 2021).
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).
