Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Alimony
What does the term “non-modifiable alimony” mean? Usually, this means that alimony payments cannot be changed in length, amount or otherwise. A Florida divorce court cannot order non-modifiable alimony absent an agreement between the spouses or findings of exceptional circumstances. The definition of the term “non-modifiable” was at issue in the case Perez v. Perez, 5D20-2094 (Fla. 5th DCA November 5, 2021).
Posted by Nydia Streets of Streets Law in Florida Alimony
When a party requests temporary alimony in a Florida divorce, the court usually has more discretion in making the award than it does a final alimony determination. This is because temporary awards only last until the final judgment is entered, and therefore can be modified more easily than a final award. A temporary alimony order was an issue in the case Kennedy v. Kennedy, 4D20-2773 (Fla. 4th DCA November 3, 2021).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
One party to a Florida family law case can be ordered to pay the other party’s attorney’s fees and costs under certain circumstances. One circumstance may be bad conduct and the other may be based on a difference in income between the two parties. Either way, a court must make specific findings concerning the amount of fees to be paid. This was an issue in the case Marcellus v. Marcellus, 4D20-1671 (Fla. 4th DCA October 27, 2021).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
We hope you had a great Thanksgiving and that you were blessed with the love and company of family and friends. Need ideas on what to do with those leftovers? We’ve got you covered with our weekend recipe guide!
Posted by Nydia Streets of Streets Law in Holidays
To all of our family, friends, clients and supporters, we are grateful for you. Thank you for your presence in our lives. We wish you and yours a very Happy Thanksgiving and we hope your day is filled with good food, love and all that makes you grateful. Enjoy!
Posted by Nydia Streets of Streets Law in Florida Child Support
When a parent is fired from a job for misconduct, this may be considered voluntary unemployment for purposes of calculating child support in Florida. Imputation of income to a parent in Florida is a two-step consideration which involves presenting evidence that: (1) The unemployment or underemployment is voluntary; and (2) Identifies the amount and source of the imputed income, through evidence of income from available employment for which the party is suitably qualified by education, experience, current licensure, or geographic location, with due consideration being given to the parties’ time-sharing schedule and their historical exercise of the time-sharing provided in the parenting plan or relevant order. See Damask v. Ryabchenko, 4D20-2649 (Fla. 4th DCA October 27, 2021).
Posted by Nydia Streets of Streets Law in Florida Alimony
When a party is ordered to pay permanent alimony in Florida, is retirement a factor that can be considered in modifying or possibly terminating support payments? Generally, a party’s retirement may be a substantial change in circumstances that warrants modification of alimony. A party seeking modification has the burden of proving the change is involuntary and permanent. This was an issue in the case Tanner v. Tanner, 2D20-3042 (Fla. 2d DCA October 20, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent withholds time-sharing from another parent, this may form the basis for a court to modify a Florida parenting plan. In order for this to happen, the parent who has been denied time-sharing must request the modification, and the court must find that the modification is in the best interest of the child. Modification on this basis was an issue in the case Nicholas v. Grant, 2D20-3298 (Fla. 2d DCA October 20, 2021).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
It’s the weekend before Thanksgiving, so you may be looking for some light, easy meals to prepare. Look no further than our weekend recipe guide!
Posted by Nydia Streets of Streets Law in Florida Child Support
If a parent has re-married, is the new spouse’s income considered in calculating child support? Most times, a parent who has re-married shares household expenses with the new spouse. A parent who has remarried will fill out a financial affidavit which may indicate a deficit after listing all monthly expenses and income. The deficit might be the new spouse’s share of household expenses. Is this spouse’s payment of these expenses considered income to the parent who has a child support case pending? This was an issue in the case Nadeau v. Reeves, 4D21-1731 (Fla. 4th DCA October 20, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
Are parents in Florida required to pay for college education as part of child support? Generally, the law considers the obligation to pay college tuition a moral obligation rather than a legal obligation. This was one issue appealed in the case Douglas v. Douglas, 5D20-2574 (Fla. 5th DCA October 8, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
Many Florida marital settlement agreements contain an attorney’s fee provision which allows a party who has to enforce the agreement to collect attorney’s fees from the party who is in violation of the agreement. Florida law introduced a statutory provision not long ago which makes contractual fee provisions reciprocal - that is if the party who is seeking fees loses, the other party could be awarded attorney’s fees. This issue was recently examined by the Florida Supreme Court in the case Levy v. Levy, SC20-1195 (Fla. October 7, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
Sometimes mistakes can happen in your Florida final judgment of divorce. These mistakes can usually be corrected via a motion for rehearing and ultimately, an appeal to a higher court. To protect your appellate rights, it is important to take the correct steps on the trial level to preserve arguments for appeal. This was one issue in the case Gupta v. Gupta, 5D20-536 (Fla. 5th DCA October 1, 2021).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
It’s National French Dip Day, but if that’s not your thing there are also National Pickle Day and National Spicy Guacamole Day this weekend. Between these three, you’re sure to find something interesting and tasty in our recipe line-up!
Posted by Nydia Streets of Streets Law in Holidays
According to Va.gov: “In November 1919, President Wilson proclaimed November 11 as the first commemoration of Armistice Day with the following words: ‘To us in America, the reflections of Armistice Day will be filled with solemn pride in the heroism of those who died in the country’s service and with gratitude for the victory, both because of the thing from which it has freed us and because of the opportunity it has given America to show her sympathy with peace and justice in the councils of the nations…’”
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party seeks attorney’s fees on Florida Statute 57.105 against the other party in a Florida family law case, a court generally examines whether a motion filed is frivolous or without merit. This type of fee award can be granted upon request by one party or by the court’s own initiative. This was an issue in the case Pomelli v. Pomelli, 3D20-1029 (Fla. 3d DCA October 6, 2021).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Disqualifying a judge in a Florida family law case is a serious consideration which should be handled with care. A party can seek to remove a judge from presiding over his or her case if he or she can show the judge is biased in some way and that the party has a reasonable fear that the party will not receive fair consideration in the case. In the case Vialva v. Nunez, 3D21-1292 (Fla. 3d DCA October 6, 2021), the appellate court considered this issue.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Under the Uniform Child Custody Jurisdiction and Enforcement Act (known as the UCCJEA), a Florida court follows certain guidelines to ensure that its orders do not conflict with actions taken by a court in another state in the same case. When parents allege two different states should take jurisdiction of a child custody case, a Florida court usually must analyze the allegations presented by both sides as to the residency of the child leading up to the filing of a petition for child custody. This was an issue in the case Miller v. Mitchell, 3D21-1621 (Fla. 3d DCA October 6, 2021).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Daylight Savings Time ends this Sunday, so don’t forget to set those clocks back one hour! In the meantime before that happens, you can celebrate National Doughnut Day and National Nachos Day with our weekend recipe guide.
Posted by Nydia Streets of Streets Law in Florida Alimony
When a petition for modification of alimony is filed in Florida, can a court retroactively modify the support amount? A court has discretion to modify alimony dating back to the date of filing the petition for modification or any date subsequent to the filing of the petition. How does the court decide what date is appropriate? This was an issue in the case Franz v. Franz, 2D20-3310 (Fla. 2d DCA October 13, 2021).
