Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Child Custody
As part of a Florida domestic violence injunction, time-sharing or child custody can be affected. When a domestic violence court enters a permanent injunction that results in the abuser receiving supervised visits with a child, can a Florida family court modify that visitation? This was an issue in the case Lonsdale v. Elbanna, 2D20-2978 (Fla. 2d DCA October 1, 2021).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
How important is it to serve other parties in your Florida family law case? Service of documents is an essential part of a case because it puts parties on notice of what they can expect. This avoids “ambush” litigation in which parties are caught off guard by allegations raised in court. The importance of proper service was illustrated in the case Chamblee v. Figueroa, 4D20-83 (Fla. 4th DCA October 6, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Support
How important are child support guidelines in a Florida paternity case? The Florida child support guidelines are used to calculate what is considered an appropriate level of financial support for children in Florida, taking into account the incomes of the parents, health insurance premiums for the children, daycare costs, and the time-sharing schedule, among other matters. The case Minus v. Brockman, 4D21-1615 (Fla. 4th DCA October 6, 2021) involves a missing child support guidelines worksheet.
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
The spookiest weekend of the year is here, and along with it, our recipe guide! Fuel your trick-or-treating adventures with some delicious, Halloween-themed eats.
Posted by Nydia Streets of Streets Law in Florida Divorce
When alimony is calculated in a Florida divorce, does the court consider the expenses a spouse incurs for children born of the marriage? Generally, expenses for children are excluded from consideration in an alimony calculation because these are separately handled via the child support guidelines. This was an issue in the case Hamilton v. Hamilton, 1D20-1019 (Fla. 1st DCA October 13, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
When parties divorce and their assets are separated by a Florida court, it is important to also remember to change beneficiary designation forms on retirement accounts and life insurance policies to conform to a divorce judgment. This is because a dispute can arise later if the retirement plan or insurer is bound by the beneficiary designation, and therefore must pay funds to an ex-spouse, even if this was not intended by the deceased ex-spouse. This was an issue in the case Martinez-Olson v. The Estate of Dan Olson, 3D20-1301 (Fla. 3d DCA September 1, 2021).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
How recent must allegations of abuse be in order to support a Florida domestic violence injunction? Since a party must show he or she is in imminent danger of becoming a victim of violence, the acts alleged cannot be too remote in time, and depending on the type of injunction sought, one of the incidents must have occurred within 6 months of filing the petition. This was an issue in the case Files v. Hayes, 1D20-3652 (Fla. 1st DCA September 22, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent relocates but their relocation request is denied, can a court create a future parenting plan for if that parent returns to the jurisdiction? These future parenting plans are known as prospective time-sharing, and they are generally disapproved of under Florida family law. This was an issue in the case Jennings v. Fredes, 1D20-3726 (Fla. 1st DCA September 22, 2021).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
National Food Day is this Sunday - a day to focus on nutritious and healthy eating. Bonus: it is also National Mother-in-Law Day, so why not combine both and impress your other mother with some delicious, whole food from our weekend recipe guide!
Posted by Nydia Streets of Streets Law in Florida Divorce
Can a Florida family court award shared parental responsibility but also award ultimate decision-making regarding specific matters affecting children? Ultimate-decision making authority gives a parent the right to be the sole decider over issues specified by the court when the parents do not agree otherwise. This was one issue appealed in the case Moses v. Moses, 5D20-2534 (Fla. 5th DCA September 17, 2021).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A relationship filled with constant breaking up and getting back together may form the basis for a Florida stalking injunction. When one party is ready to make a break up permanent, the other party may not understand the repercussions of continuing with unwanted attempts to contact the party who has moved on. This was the case in the matter of Chiu v. Adams, 5D20-2502 (Fla. 5th DCA September 3, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Support
When there are inconsistencies in a Florida family law order, a party might decide to file a motion for clarification. A motion for clarification asks the court to clear up any unclear parts of an order so everyone knows what their rights and obligations are under an order. A motion for clarification was the subject of the case Ager v. Berger, 5D20-1545 (Fla. 5th DCA September 10, 2021).
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.
