Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Child Custody
If a parent refuses to follow a parenting plan, can a court change custody as part of holding that parent in contempt? The answer depends on if certain procedural requirements have been met. This was an issue in the case J.G.J. v. J.H., 2D20-127 (Fla. 2d DCA April 30, 2021).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
As we kick off Independence Day weekend, our weekend recipe guide is all about marinades! You may be grilling, so use these picks to get your meat, fish and vegetables ready to be devoured.
Posted by Nydia Streets of Streets Law in Florida Child Custody
A substantial, unanticipated change in circumstances must be found before a court can modify a Florida parenting plan. A court has less discretion in modifying a parenting plan than it does in initially creating one. This was an issue in the case Idelson v. Carmer, 2D20-1221 (Fla. 2d DCA April 30, 2021).
Posted by Nydia Streets of Streets Law in Florida Alimony
As part of alimony in Florida, a spouse can be ordered to pay monthly expenses on behalf of a spouse rather than cash payments directly to the spouse. For example, a spouse who has a need for alimony may be entitled to remain living in the marital residence while the other spouse pays the mortgage, taxes and insurance on the home. This was discussed in the case Mercado v. Mercado, 2D19-4553 (Fla. 2d DCA April 23, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A final order in a Florida family law case usually remains in effect until one or both parties challenges the order and a new order is entered. The order can be challenged by appeal, a petition for modification or other procedural avenues available by law. In the case Duryea v. Bono, 2D19-225 (Fla. 2d DCA April 21, 2021), the court considered the appeal of a mother whose request for relocation was denied after it was already previously granted by court order.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Can a stalking injunction be entered against someone in Florida for posting negative things about someone else online? Social media such as Facebook, Instagram, Twitter, and the like provide a platform for people to express themselves. How a court deciding a stalking injunction views postings on these sites depends on to whom the posts were directed. This was an issue in the case Wright v. Norris, 2D19-4643 (Fla. 2d DCA April 21, 2021).
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.
