Posted by Nydia Streets of Streets Law in Florida Alimony
When a party attempts to hide assets or income to avoid a Florida alimony obligation, this usually does not produce favorable results for that party. Requesting a modification of alimony requires parties to produce records of income and assets to show what has changed. In the case Gibbs v. Gibbs, 1D19-4030 (Fla. 1st DCA April 29, 2021), the appellate court reviewed the trial court’s denial of the former husband’s request to lower his alimony payments.
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Get ready to carb load this weekend in celebration of National Donut Day! Try making your own donuts at home with our weekend recipe guide.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Evidence of a parent’s mental health may be considered when a Florida parenting plan is being established or modified. If a parent objects to his or her mental health records being admitted into evidence or explored, the court must decide if the objection is valid or if it should be overruled. In the case Brooks v. Brooks, 1D20-2346 (Fla. 1st DCA April 20, 2021), the former husband appealed a final judgment of divorce based on the court’s reliance on his disability records.
Posted by Nydia Streets of Streets Law in Florida Child Support
For how long must income be reduced for a parent to qualify for a modification of child support in Florida? Under Florida law, in order for child support to be modified, there must be a showing of a substantial, material and permanent change in circumstances. For a change to be considered “permanent”, it usually must be more than some months, and not due to seasonal changes in income. This issue was explored in the case Arrington v. Arrington, 1D20-729 (Fla. 1st DCA April 20, 2021).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Extending a Florida domestic violence injunction requires that the petitioner show that new acts of violence have occurred and that he or she is in reasonable fear of becoming a victim of domestic violence again. What constitutes a new act and reasonable fear? This was discussed in the case Frost v. Wilson, 2D19-4635 (Fla. 2d DCA April 9, 2021).
Posted by Nydia Streets of Streets Law in Holidays
This Memorial Day and every day, we remember those who made a huge sacrifice in defending our country. May their memories be a blessing and may their loved ones be blessed.
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
It’s Memorial Day Weekend, and as we honor those who made a great sacrifice, we can spend time in their memory with loved ones surrounded by food, comfort and love. Here are some grilling recipes to try this weekend.
Posted by Nydia Streets of Streets Law in Florida Divorce
Who gets the marital home in a Florida divorce? A court can award one party the home and order that party to pay equity to the other spouse. The court can also order that one spouse have sole possession of the property until their youngest child turns 18 and then the house be sold. Yet another option is to order sale of the home immediately and a split of the net proceeds between the parties. This was an issue in the case Ortiz v. Ortiz, 2D19-587 (Fla. 2d DCA April 7, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
How many continuances can a party seek in a Florida family law case? A continuance is a delay of a hearing date or other deadline in the case. There is really no limit, but the court has discretion to deny requests for delay that are repeated, are made in bad faith, and which cause prejudice to the other party. This was one of many issues raised in the case Apesteguy v. Keglevich, 3D20-60 (Fla. 3d DCA April 7, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Support
Sometimes, even though a parenting plan says one parent has majority time-sharing and the other parent will pay child support, circumstances change, and the parent ordered to pay support may have full custody of the children because, for example, the other parent voluntarily leaves the children with the the parent or other circumstances arise. This was the case in Carmack v. Carmack, 5D20-297 (Fla. 5th DCA April 9, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
In a recent Florida divorce case, the former husband was ordered to provide the former wife with future season passes and parking passes for University of Georgia football games. We examine what happened when the former husband appealed in the case Tanner v. Tanner, 1D19-1220 (Fla. 1st DCA April 12, 2021).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
We love pizza, and we love a party so today is one of the best days ever - National Pizza Party Day! Gather the family and make some unique pizzas at home (baked potato pizza, anyone?) with our weekend recipe lineup.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
“A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking . . . .” under § 784.048(2), Fla. Stat. ‘Harass means to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose”, according to § 784.048(1)(a), Fla. Stat. A stalking injunction was the subject of the case Kendrick v. Glover, 1D20-104 (Fla. 1st DCA April 9, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
What income is considered in deciding how much to award in Florida alimony or child support? Florida Statute Chp. 61.30 lists payments that are considered income for purposes of calculating support. Included in that list are in-kind payments from an employer which reduce a party’s living expenses. This was a topic in the case Ortega v. Wood, 1D20-1534 (Fla. 1st DCA April 9, 2021).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
In a Florida domestic violence proceeding, both parties must be given an opportunity to present evidence and to challenge evidence presented against them. Failure to provide this opportunity usually results in a violation of a party’s due process rights. This was an issue in the case Owens v. Owens, 1D20-1647 (Fla. 1st DCA April 9, 2021).
Posted by Nydia Streets of Streets Law in Florida Alimony
When alimony is ordered to be paid by one spouse to the other in a Florida divorce, the paying spouse cannot be left with significantly less net income than the recipient spouse absent a finding of exceptional circumstances. Alimony can take the form of direct cash payments to a spouse and/or payments made on behalf of a spouse such as health insurance premiums, rent, etc. In the case Rabadan v. Rabadan, 4D19-3219 (Fla. 4th DCA March 31, 2021), the court considered the former husband’s appeal of an alimony judgment forcing him to pay over $8,000.00 per month.
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
May 16 is National Do Something Good for Your Neighbor Day. May 15 is National Chocolate Chip Day, so you might as well combine both and make your neighbor some chocolate chip recipes using our weekend recipe lineup!
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a final judgment in a Florida family law case is inconsistent with exhibits such a parenting plan, confusion can follow. In the case Couture v. Couture, 1D20-2722 (Fla. 1st DCA April 1, 2021), a final judgment gave the father majority time-sharing, but the parenting plan attached did not reflect that.
Posted by Nydia Streets of Streets Law in Florida Child Support
How is child support calculated in Florida? It is based on the net incomes of the parents. To arrive at the net income, the court subtracts taxes, mandatory union dues, mandatory retirement payments, health insurance premiums and court-ordered support paid in other relationships. In the recent appellate case King v. King, 4D20-0169 (Fla. 4th DCA March 31, 2021), the court reviewed a child support miscalculation.
Posted by Nydia Streets of Streets Law in Florida Child Custody
A guardian ad litem can be appointed in a Florida child custody case to help a judge determine the best interest of a child when parents cannot agree. The guardian’s fees are usually paid by the parent with the court determining what percentage of the fee each parent should pay. The payment of a guardian’s fee was an issue in the case Helinski v. Helinski, 3D19-2270 (Fla. 3d DCA March 31, 2021).
