Posted by Nydia Streets of Streets Law in Florida Divorce
What steps are required in equitable distribution in a Florida divorce? According to the Florida Statutes the steps are (1) identification of marital and nonmarital assets, (2) valuation of marital assets, and (3) distribution of marital assets as stated in Fla. Stat. 61.075. In the case Morgan v. Morgan, 2D20-1622 (Fla. 2d DCA September 17, 2021), the court considered an appeal involving equitable distribution, alimony and child support.
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Carb lovers, it’s your weekend to shine! October 17 is National Pasta Day, and we have some delicious pasta recipes to help you celebrate.
Posted by Nydia Streets of Streets Law in Florida Paternity
When a Florida final judgment of paternity is inconsistent, a party may challenge the judgment by filing a motion for rehearing or ultimately, an appeal. An unclear judgment may be difficult for parties to follow so it is important to clear up any confusion. This was an issue in the case A.A. v. D.W., 2D20-234 (Fla. 2d DCA September 3, 2021).
Posted by Nydia Streets of Streets Law in Florida Alimony
What are some factors a Florida divorce court reviews to determine if a spouse is underemployed when deciding if alimony should be awarded? For one, the court might look at the employment history of the spouse, or consider the testimony of a vocational evaluator who can assess a party’s earning potential. This was an issue in the case Burke v. Burke, 2D20-1398 (Fla. 2d DCA September 3, 2021).
Posted by Nydia Streets of Streets Law in Florida Prenuptial Agreements
A Florida prenuptial agreement, in addition to determining a spouse’s rights in the event of divorce, can also determine a spouse’s rights in the event of death of the other spouse. When a probate court reviews a prenuptial agreement, the analysis may be different than if a divorce court were reviewing the agreement. This was an issue in the case Williams-Paris v. Joseph, et. al., 4D20-1760 (Fla. 1st DCA September 1, 2021).
Posted by Nydia Streets of Streets Law in Florida Alimony
Does alimony have to be paid to a spouse in a Florida divorce who has money available to him or her through friends or family? Depending on how much money is available and the expectation of the giver as to whether or not the money needs to be repaid, these funds may affect a spouse’s eligibility to receive alimony. This was an issue in the case Stevens v. Travers, 1D20-1018 (Fla. 1st DCA September 15, 2021).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Tomorrow is moldy cheese day! But fear not, we have some recipes that incorporate well-known moldy cheeses to make yummy recipes. So get your cooking gear and supplies ready for our weekend recipe guide.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Does a party who is not represented by a lawyer in a Florida family law case have to provide an email address to receive case documents? The Florida Rules of Judicial Administration state how service can be accomplished on a party not represented by a lawyer. In the case Young v. Williams, 1D20-3766 (Fla. 1st DCA September 15, 2021), a pro se party missed a hearing because notice of it was sent to his email address rather than by mail to his home address.
Posted by Nydia Streets of Streets Law in Florida Child Custody
If a parent is not following a Florida parenting plan, can the court change the plan? Under certain circumstances, a parenting plan can be amended when it is not being abided by. This was an issue in the case Bruno v. Moreno, 2D20-3172 (Fla. 2d DCA August 25, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
How do you preserve your right to appeal in a Florida family law case? In most cases, it is necessary to make the appropriate objections on the trial level and to file a motion for rehearing. Failure to do so may mean your appeal is denied. This was discussed in the case Spaulding v. Spaulding, 1D20-168 (Fla. 1st DCA August 23, 2021).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a person spreads damaging information about a person to third parties, can this be enough to obtain an injunction against stalking in Florida? Generally, the person relaying the information to third parties can show he or she did so for a legitimate purpose and not simply for the purpose of harassing the alleged victim, this is not considered stalking. This was an issue in the case Ozyesilpinar v. Jalali, 3D19-2427 (Fla. 3d DCA August 18, 2021).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Today is World Smile Day, a day devoted to smiles and random acts of kindness, according to nationaldaycalendar.com. Food makes us smile, so we hope our weekend recipe line-up brings a smile to you and your loved ones as well!
Posted by Nydia Streets of Streets Law in Florida Child Custody
A petition for relocation in a Florida child custody case is governed by Florida Statute 61.13001. Under this statute, a parent who seeks to relocate in certain situations must obtain the written permission of the other parent or a court order. In the case Izaguirre v. Sanchez, 3D20-1245 (Fla. 3d DCA August 11, 2021), an appeal was taken regarding a non-final order granting relocation to Spain.
Posted by Nydia Streets of Streets Law in Florida Paternity
Due process in a Florida paternity case requires that both parties have adequate notice of what will happen at a hearing. For example, a hearing that is noticed as non-evidentiary which turns into an evidentiary hearing is normally not proper. This was an issue in the case Perez v. Maldonado, 3D21-767 (Fla. 3d DCA July 21, 2021).
Posted by Nydia Streets of Streets Law in Florida Alimony
What type of discovery is relevant in a proceeding concerning contempt of an alimony obligation? Generally documents showing the financial standing of the party ordered to pay support are relevant to the issue of whether or not the payor had the ability to pay support during the period of non-payment. Relevance of discovery was an issue in the case Schultz v. Schultz, 3D21-1231 (Fla. 3d DCA July 21, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When the parents of a child who is subject to a Florida child custody case live in two different states, or even countries, jurisdiction may be challenged by one of the parties. While a court does not need personal jurisdiction over a parent to make an initial child custody determination, it does need it to adjudicate financial issues. The issue of personal jurisdiction was raised in the case Edwards v. Codrington, 5D20-1966 (Fla. 5th DCA July 30, 2021).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
It’s the first official weekend of fall! Get cozy at home with our recipe line-up which commemorates National Quesadilla Day, National Dumpling Day and National Pancake Day all celebrated this weekend.
Posted by Nydia Streets of Streets Law in Florida Adoption
Can a parent voluntarily terminate his or her parental rights in Florida? As stated in a recent Florida family law appellate opinion, “‘In Florida, there are only two means by which a parent’s rights may be terminated: one is through adoption pursuant to Florida Statutes Chapter 63 and the other is through the strict procedures set forth in Florida Statutes Chapter 39, specifically sections 39.46 through 39.469.’” Oral v. Oral, 5D20-2081 (Fla. 5th DCA July 30, 2021) (internal citations omitted). Simply put, parental rights can be terminated via adoption or a dependency action.
Posted by Nydia Streets of Streets Law in Florida Prenuptial Agreements
A Florida prenuptial agreement can affect the rights of third parties who are not part of the agreement. For example, a spouse’s ability to give property to a third party might be affected by the terms of a prenuptial agreement. In the case Rangel v. Rangel, 5D20-2366 (Fla. 5th DCA July 30, 2021), the court considered an appeal by the adult son of a husband going through a divorce regarding certain property given to the son by the husband.
Posted by Nydia Streets of Streets Law in Florida Divorce
The words used (or not used) in a Florida marital settlement agreement are important. A court cannot rewrite the terms of the parties’ contract and must enforce the clear terms “as-is”. This is why it is important to be sure your agreement says what you mean. This was an issue in the case Grey v. Grey, 5D20-1809 (Fla. 5th DCA July 23, 2021).
