Miami family law attorney blog
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Who loves coconut? We do, and we’re here to pay tribute to this dessert staple for National Coconut Day on June 26! Our weekend recipe guide has picks that incorporate this ingredient ranging from savory (Thai roasted chicken thighs, anyone?) to sweet (buttery coconut bars, yum!).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
After a dispute over the use of an easement that included allegations of yelling, screaming and cursing between two neighboring business owners, a stalking injunction was entered against one of the business owners. He appealed in the case Laquidara v. Houghtaling, 2D19-3400 (Fla. 2d DCA April 16, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Support
An agreement regarding child support will normally be enforced between the parties. There is generally no time limit on when a party can bring an action to enforce past-due child support, but the other party might be able to raise the defense of laches. In the case Delgado v. Delgado, 3D20-1119 (Fla. 3d DCA May 12, 2021), the court considered a case in which a mother waited until the parties’ child was 40 years old to enforce past-due child support arrears.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
How many times can a judge continue a Florida family law case? While judges have discretion to grant or deny requests to delay hearings, this discretion is not absolute. Sometimes too many continuances can affect a party’s due process rights - that is their right to a fair process. This was an issue in the case Sanchez v. Saenz, 3D21-819 (Fla. 3d DCA May 12, 2021) in which the final hearing was continued 8 times, resulting in an ex-parte temporary injunction being in place for over 520 days.
Posted by Nydia Streets of Streets Law in Florida Prenuptial Agreements
A prenuptial agreement entered under the laws of another state can be enforced in a Florida court. In a recent appellate case, a Florida court considered a prenuptial agreement entered in New York and whether or not the alimony award in the contract was meant to be paid after the former husband unexpectedly passed away. The case is Sirgutz v. Sirgutz, 4D20-1875 (Fla. 4th DCA April 28, 2021).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Holidays
Happy Father’s Day to our heroes! Make some fun gifts for dad with our DIY gift guide to make his day extra special.
Posted by Nydia Streets of Streets Law in Florida Alimony
Is it possible to modify permanent alimony to durational alimony in Florida? Florida Statute 61.14 covers modification of alimony in Florida. One recent case goes over the issue of modification of the length of alimony and whether or not this is authorized under Florida law. In the case Valby v. Valby, 4D20-459 (Fla. 4th DCA April 28, 2021), the former wife appealed an order modifying the permanent alimony she was receiving.
Posted by Nydia Streets of Streets Law in Florida Child Child Custody
What constitutes a substantial change in circumstances that warrants modification of a Florida parenting plan? It may be easier to say what does not constitute a substantial change. Florida law places a high burden on a parent seeking to modify a parenting plan - a court has much less discretion in modifying a parenting plan than it does in initially creating it. In the case Villalba v. Villalba, 4D20-1474 (Fla. 4th DCA April 28, 2021), the court considered the issue of a parent’s improved living conditions as a basis to modify time-sharing.
Posted by Nydia Streets of Streets Law in Florida Child Support
As stated in the case Coffy v. Coffy, 4D19-3652 (Fla. 4th DCA April 28, 2021), “It is well-established under Florida law that parents cannot contract away their children’s right to support.” This means parents cannot agree that no child support will be paid when the Florida child support guidelines show support should be paid. In the Coffy case, the appellate court analyzed whether an agreement between the parties to transfer equity in a home to the former wife in lieu of monthly child support payments was appropriate.
Posted by Nydia Streets of Streets Law in Florida Child Support
When a party alleges that a forum chosen by the petitioner in a Florida family law case is inconvenient, the court must analyze factors pronounced in the case Kinney Sys., Inc. v. Cont’l Ins. Co., 674 So. 2d 86 (Fla. 1996). One of the factors to be considered is if an alternate, adequate forum exists. The former husband appealed an order denying his motion to dismiss for forum non conveniens in the case Kusayev v. Kusayev, 4D20-2576 (Fla. 4th DCA April 21, 2021).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
June 11 is National Making Life Beautiful Day. According to National Day Calendar, this day is about celebrating “those who make life beautiful. Whether you’re creating beauty by building relationships or helping others achieve personal success, your actions create a ripple effect, making life beautiful not just for yourself, but for those around you, too.”
Posted by Nydia Streets of Streets Law in Florida Child Custody
In most cases, a parent may not relocate more than 50 miles from his or her current residence with the parties’ minor child without the written permission of the other parent or a court order. How does this provision affect active duty military service members who may have to relocate frequently due to military orders? This was an issue in the case Amiot v. Olmstead, 1D20-680 (Fla. 1st DCA May 11, 2021) in which the primary focus was on the trial court’s award of prospective time-sharing to the mother, an active duty servicemember, if she moved back to Florida.
Posted by Nydia Streets of Streets Law in Florida Child Support
Florida Statute Chp. 61.30 establishes the method by which a court is to calculate Florida child support. Many considerations go into calculating child support such as daycare and health insurance expenses, as well as deductions due to each parent in arriving at their respective incomes. The case Moody v. Moody, 1D20-778 (Fla. 1st DCA May 11, 2021) illustrates what happens when the Florida Statutes are not followed in calculating child support.
Posted by Nydia Streets of Streets Law in Florida Divorce
What happens when one party files a motion to disqualify a lawyer in a Florida family law case? An example of disqualification is when one party alleges it would be unfair to have the other party represented by a certain lawyer because that lawyer also represented the alleging party in a separate but related matter. In the case Reuschel v. Reuschel, 1D20-1039 (Fla. 1st DCA May 14, 2021), the husband appealed an order he believed granted the wife’s motion to disqualify counsel.
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.
