Posted by Nydia Streets of Streets Law in Florida Child Custody
How much notice must be given to a party before he or she is required to undergo drug testing in a Florida child custody case? Due process requires that a party be given adequate advance notice of a hearing and an opportunity to prepare. In the case Lopez v. Frometa, 3D21-911 (Fla. 3d DCA June 2, 2021), at issue was an order entered at a hearing after the parties were given a little over one-hour of notice that the hearing was to occur.
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a party is not given the chance to cross examine witnesses or present a defense to accusations against them in a Florida family law case, this may be a violation of the party’s due process rights. Due process is generally defined as fairness. In order for justice to prevail, the process should be fair. This was an issue in the case Orozco v. Rodriguez-Amadeo, 3D20-0473 (Fla. 3d DCA June 2, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What happens in a Florida child custody case when the judge’s order grants relief that was not requested by the parties? Due process requires that both parties be put on notice as to what they are expected to defend against in a legal proceeding. So if a party does not request certain relief in his or her petition, the court is generally without power to grant that relief. This was an issue in the case Logreira v. Logreira, 3D21-0919 (Fla. 3d DCA June 2, 2021).
National Root Beer Float Day is August 6, and we bet you’ve never tried the floats in our weekend recipe line-up! Gather your family and friends, and give them a try.
Posted by Nydia Streets of Streets Law in Florida Child Custody
How do I enforce a child custody order from another state in Florida? This is a question many parents may have when moving to Florida or when their child moves to Florida. Certain steps must be followed to ensure that Florida recognizes the order and has the authority to enforce it. This was an issue in the case Bender v. Bender, 2D20-3614 (Fla. 2d DCA June 11, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
How does a Florida divorce court decide who gets the family dog? Pets are generally considered property and would be viewed similar to a vehicle or other asset of value. If the parties cannot agree on who gets certain property, including a pet, the Florida Statutes authorize a court to consider, among other factors, the desirability of retaining any asset when deciding to whom the property should be awarded. The case Springer v. Springer, 2D20-812 (Fla. 2d DCA June 11, 2021) concerned a dispute about a dog.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a temporary domestic violence injunction is entered in Florida, the order usually contains a provision obligating the party against whom the injunction is sought to surrender all firearms. Since a temporary injunction is entered without a hearing and without an opportunity for the accused to defend him or herself against the allegations, there is an argument that the seizure of a person’s property is unfair. This was an issue in the case Dean v. Bevis, 2D20-2348 (Fla. 2d DCA June 4, 2021).
Posted by Nydia Streets of Streets Law in Florida Dissolution of Marriage
Equitable distribution in a Florida divorce is the division of assets and debts between spouses. Generally a Florida divorce court looks at the value of marital assets and how much marital debt is owed, and distributes these between the spouses to arrive at an equal division. In the case Ouimette v. Ouimette, 2D20-22 (Fla. 2d DCA May 28, 2021), the division of a retirement account was at issue.
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
This weekend, we have National Friendship Day and National Sisters Day, along with National Cheesecake Day - How sweet! Here are some cheesecake recipes to try with your friends, sisters and anyone else who might enjoy.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a romantic relationship ends, one party may have trouble accepting it is over, while the other party may wish to move on quickly. Usually, the party who cannot accept the end of the relationship repeatedly contacts the other party, sends gifts, etc. When does this behavior rise to the level of stalking under Florida domestic violence laws? This was an issue in the case Decker v. Munson, 2D20-1303 (Fla. 2d DCA May 28, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
An equalizing payment can be ordered in a Florida divorce when one spouse is awarded a higher amount of equity in marital assets than the other spouse. For example, if one spouse is awarded the marital home, the other spouse might be paid his or her one-half share of equity in the home by the spouse keeping the home. However, there are limits to equalizing payments, and this was an issue in the case Sanders v. Peterson-Sanders, 4D20-2082 (Fla. 4th DCA May 26, 2021).
Posted by Nydia Streets of Streets Law in Florida Alimony
A spouse who is disabled may qualify for permanent alimony in Florida even if the marriage is not considered a long-term marriage. A court awarding permanent alimony in a short or moderate term marriage must make a finding that no other type of alimony is appropriate under the circumstances. This would usually apply in a case in which a spouse became permanently, severely disabled and unable to work. This was an issue in the case Gardi v. Gardi, 4D19-194 (Fla. 4th DCA June 9, 2021).
Posted by Nydia Streets of Streets Law in Florida Alimony
What remedies are available to a party who is owed past-due alimony in Florida? One common remedy is contempt. If a party is held in contempt of court for failure to pay court-ordered alimony, that party can be made to pay attorney’s fees and even incarcerated. Contempt of an alimony order was an issue in the case Finch v. Cribbs, 1D18-3855 (Fla. 1st DCA June 22, 2021).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Initially, when a petition for injunction against domestic violence is filed in Florida, a temporary injunction may be entered without a hearing. The temporary injunction is usually set to expire on or shortly after the date of a hearing set on the petition. If the hearing is postponed, the temporary injunction may be extended through the next hearing date. What happens if a hearing gets postponed several times? This was an issue in the case Marquez v. Rivera, 4D21-682 (Fla. 4th DCA June 23, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
Can the other spouse be ordered to pay my attorney’s fees in a Florida divorce case? Yes, this is possible, if the spouse asking for attorney’s fees to be paid shows the need for it, and also shows that the other spouse has the ability to pay. This was an issue in the case Freeborn v. Freeborn, 4D20-1124 (Fla. 4th DCA May 19, 2021).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
In order for a family law proceeding to be considered fair, a party must receive notice of the proceedings. This is a fundamental part of what is known as due process. Notice of a family law proceeding starts with service of the petition and a summons on a party. This personal service is usually required before a court can make decisions that affect a person’s life, property or freedom. This was an issue in the case Swarek v. Lindsay, 1D20-3093 (Fla. 1st DCA May 18, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a spouse owns property prior to marriage, that property is usually classified as the spouse’s separate property so long as that spouse has not taken steps which convert the property to a jointly owned-asset. Even if the property remains the spouse’s separate property, the other spouse may be entitled to half of the appreciation in value of the property accumulated during the marriage, especially if the increase was due to active appreciation (meaning the spouse’s labor or efforts). This was an issue in the case Palmer v. Palmer, 5D19-2389 (Fla. 5th DCA April 16, 2021).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
It’s National Corn Fritter Day! What better day to try something that you may not have all the time but can be versatile enough to make in different ways? Check out this week’s recipe lineup ranging from quick to sweet to spicy.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Supervised time-sharing can be ordered in a Florida parenting plan when it is in the best interest of a child. A recent Florida Supreme Court case, C.N. v. I.G.C., No. SC20-505 (Fla. Apr. 29, 2021), makes it clear that when supervised visits are ordered, a court does not have to specify steps the parent must take to regain unsupervised visits. This is illustrated in the case Piccinni v. Waxer, 5D20-528 (Fla. 5th DCA May 14, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a spouse fears the other spouse is disposing of assets or removing money from bank accounts, a request to freeze assets may be made to a Florida divorce court. Because this is a form of injunction, it must be requested a certain way. A party’s failure to properly request the correct relief related to freezing assets may result in denial of the request. This was an issue in the case Doddapaneni v. Doddapaneni, 5D20-1735 (Fla. 5th DCA May 7, 2021).
