Posted by Nydia Streets of Streets Law in Florida Child Custody
Supervised visits in a Florida child custody case are ordered when a court finds that unsupervised visits are not in the best interest of a child. This could be because a parent has placed a child in dangerous situations previously or the parent has otherwise demonstrated that he or she is incapable of protecting the child’s welfare with unsupervised visits. When supervised visits are ordered, a court usually has to state how the parent can eventually gain unsupervised visits. This was an issue in the case Natali v. Natali, 2D20-513 (Fla. 2d DCA March 26, 2021).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Holidays
Happy Mother’s Day Weekend! Let’s honor the queens in our lives with some DIY gifts you can make at home to tap into the creator in you while celebrating mom.
Posted by Nydia Streets of Streets Law in Florida Child Support
Calculating child support in Florida requires analysis of more than just the parent’s incomes. The court must also consider what statutory deductions are due to each parent, how much is paid for daycare, and how much is paid for health insurance for the children. In Johnson v. Johnson, 4D20-504 (Fla. 4th DCA March 24, 2021), the former wife appealed, among other matters, the trial court’s calculation of child support and the court’s designation of which parent’s address would control when choosing a school for their child.
Posted by Nydia Streets of Streets Law in Florida Child Custody
A therapist who treats a minor child may be barred from testifying about the child’s treatment by Florida’s psychotherapist-patient privilege. This privilege means information related to the treatment is confidential and may only be disclosed if allowed by the patient. In the case of a minor child who is not competent to decide whether privilege should be waived, who can speak for the child in this regard? This was an issue in the case S.H.Y. v. P.G., 2D19-4646 (Fla. 2d DCA March 26, 2021).
Posted by Nydia Streets of Streets Law in Florida Alimony
In Florida, permanent alimony is presumed appropriate in a marriage of 17 or more years. This presumption is rebuttable based on factors listed in Florida Statute 61.08. Factors a Florida divorce court will consider in awarding alimony is the ages of the parties, the contributions of each spouse to the marriage, and more. In Speigner v. Speigner, 1D20-1712 (Fla. 1st DCA March 24, 2021), the former wife appealed an award of durational alimony which she argued should be permanent instead.
Posted by Nydia Streets of Streets Law in Florida Alimony
When parties are married, get divorced, and then marry again, does a Florida court consider the length of both marriages when deciding if alimony should be awarded? This issue was discussed in the recent appellate case Potter v. Potter, 1D20-603 (Fla. 1st DCA March 15, 2021).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Happy National Oatmeal Cookie Day! Sunday is also National Lemonade Day. Few things are better than oatmeal cookies and lemonade, and this weekend we celebrate both with our recipe lineup.
Posted by Nydia Streets of Streets Law in Florida Child Support
Failing to appear at your Florida family law case hearing can have a negative impact on the relief you want in your case. This may also be true when it comes to failing to timely respond to court documents. A party may have learned this the hard way in the case Castro v. Fla. Dep't of Revenue, 1D20-981 (Fla. 1st DCA March 18, 2021).
Posted by Nydia Streets of Streets Law in Florida Alimony
Permanent alimony in Florida is usually reserved for long-term marriages of 17 years or more. Permanent alimony may still be awarded in marriages of shorter duration when there is a finding of exceptional circumstances. For example, if a spouse in a shorter marriage becomes disabled and unable to work, this may be a factor that supports granting permanent alimony. This discussion is highlighted in the case Odom v. Odom, 1D20-2154 (Fla. 1st DCA March 18, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
An unequal equitable distribution scheme in Florida must be supported by findings listed in Florida Statute 61.075. These factors include, but are not limited to: the economic circumstances of the parties; the duration of the marriage; any interruption of personal careers or educational opportunities of either party; and the contribution of one spouse to the personal career or educational opportunity of the other spouse. A court usually commits reversible error if there is an unequal distribution of marital assets and debts without findings in the final judgment that justify it. This was an issue in the case Fernandez-Tretiakova v. Fernandez, 4D19-3217 (Fla. 4th DCA March 17, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Support
Should income be imputed to a spouse who stays home to raise children in a Florida divorce? The answer depends on the history of caretaking in the household and/or if the parties agreed a spouse should stay home to care for the children. This was an issue in the case Wilkins v. Wilkins, 1D20-1908 (Fla. 1st DCA March 17, 2021).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Another, weekend, another set of National Food Days! Today we celebrate National Cherry Cheesecake Day. Then Saturday, we revisit a classic with National Pigs in a Blanket Day. On Sunday we try a healthier favorite with National Zucchini Bread Day. Let’s eat!
Posted by Nydia Streets of Streets Law in Florida Divorce
Are personal injury settlement funds or awards considered marital property subject to division in a Florida divorce? The answer depends on how the funds are classified. If, for example, a portion or all of the funds are for a spouse’s pain and suffering, this would be considered that spouse’s separate property, not subject to division in a divorce. If, however, the funds are to compensate a spouse for lost wages, medical expenses, lost earning capacity, etc., those funds are generally considered marital property if the expenses and wages were or could have been incurred/due during the marriage. This was an issue in the case Roth v. Roth, 2D19-2559 (Fla.2d DCA March 3, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
Parties to a Florida family law case are usually required to file financial affidavits if there are financial issues involved. The affidavit is signed under the penalties of perjury, meaning if a party knowingly provides false information on the affidavit, he or she may be subject to criminal penalties. Additionally, a court can re-open a case if it is alleged a party filed a fraudulent financial affidavit or gave false testimony. This was an issue in the case Barrett v. Barrett, 5D20-946 (Fla. 5th DCA March 12, 2021).
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).
