Posted by Nydia Streets of Streets Law in Florida Divorce
For many reasons, couples who are married may decide to separate but not file for divorce. What are the consequences of remaining married to someone to whom you do not intend to remain married? Since marriage creates joint legal obligations, waiting to divorce may open both parties to alimony and equitable distribution claims which may not have existed had the parties divorced at the time they separated. This was an issue in the case Fiala v. Fiala, 4D21-1185 (Fla. 4th DCA January 12, 2022).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Today is National Homemade Soup Day, and although South Florida remains warm pretty much all year around, cozying up with a warm bowl of goodness never hurt anyone! Try these homemade soups in our weekend recipe guide.
Posted by Nydia Streets of Streets Law in Florida Divorce
When a party does not meet his or her obligations under a Florida marital settlement agreement, he or she may be held in contempt of court or face enforcement proceedings. Before a party can be held in contempt, the court must determine that the terms of an order are clear and definite so as to put both parties on notice of what they are required to do (or not do). This was an issue in the case Kovic v. Kovic, 4D21-55 (Fla. 4th DCA January 5, 2022).
Posted by Nydia Streets of Streets Law in Florida Adoption
As part of the Florida adoption process, a biological parent’s rights are terminated. Before the parent’s rights to the child can be terminated, a process defined by statute must occur in order to ensure the parent knowingly and voluntarily gave up his or her parental rights. Alternatively, there can be a trial on whether or not the parent’s rights should be terminated. A parent’s change of mind after consent to termination has been signed can be the subject of litigation. This was an issue in the case M.J.G. v. A. Julia Graves, 4D21-1675 (Fla. 4th DCA January 5, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Support
When a party lives outside of Florida, and there is a request to impute income to that party for purposes of calculating child support, will the court use Florida salary standards or the salary standards of the state in which the party actually lives? This was an issue in the case Gillespie v. Holdsworth, 2D20-3429 (Fla. 2d DCA January 19, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Support
Florida child support guidelines can include child care expenses necessary to support a parent’s work hours. The guidelines apportion to each parent their share of responsibility for child care payments, in addition to the base support amount. When calculating support for more than one child, it is necessary to include a schedule of reduction of child support once the oldest child is no longer eligible for support. In doing so, it is necessary to remove from the calculation current child care obligations. This was an issue in the case J.T.K. v. Dept. of Revenue, 2D20-2238 (Fla. 2d DCA January 19, 2022).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
This weekend, we celebrate National Blueberry Pancake Day, National Corn Chip Day and National Croissant Day. Try some delicious options from our weekend recipe guide.
Posted by Nydia Streets of Streets Law in Florida Divorce
Summary judgment as to certain issues in a Florida family law case can be granted. A summary judgment means there are no disputes as to material issues of fact, and therefore it is not necessary to have a trial, and the judge can just decide the merits of the case based on testimony and other evidence that has been provided. This was an issue in the case Rich v. Rich, et. al., 2D20-440 (Fla. 2d DCA January 14, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Support
When a couple divorces, it can be expected that one or both may end up in a new relationship. How does a new relationship, especially one in which a former spouse and a new partner are living together, affect Florida child support payments? This was an issue in the case Sunderwirth v. Sunderwirth, 2D20-2567 (Fla. 2d DCA January 5, 2022).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
The subject of a Florida dating violence injunction may involve a break-up that goes wrong. When a dating relationship ends, the parties may behave in a way that gives rise to the filing of a domestic violence injunction petition. This was an issue in the case Bell v. Battaglia, 2D19-280 (Fla. 2d DCA January 12, 2022).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What qualifies as cyberstalking in Florida? According to the Florida Statutes, it is “To engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person . . . causing substantial emotional distress to that person and serving no legitimate purpose.” Fla. Stat. Chp. 784.048(1)(d). This was an issue in the case Strober v. Harris, 2D21-267 (Fla. 2d DCA January 5, 2022).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
National Granola Bar Day and National Pie Day make this weekend a sweet one! Try the recipes in our guide for these treats.
Posted by Nydia Streets of Streets Law in Florida Divorce
When a party violates a Florida marital settlement agreement, what remedies are available to the other party? Depending on what provision of an agreement was violated, the innocent party may be able to move for contempt or enforcement. This was an issue in the case Smith v. Short, 2D20-3506 (Fla. 2d DCA December 29, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
What is a continuance in a Florida family law case? This is a postponement of an event such as a hearing. If a continuance is granted, it usually means the original hearing date is cancelled and is or will be rescheduled for a later date. Continuances are within the discretion of the trial court judge, but there are certain considerations that must be taken into account when considering a request for continuance. This was an issue in the case Kalke v. Kalke, 2D20-3594 (Fla. 2d DCA December 29, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A Florida parenting plan can include many provisions, but there are some limits on what is allowable. One provision that is usually prohibited is a prospective change in time-sharing. For example, a parenting plan that says a time-sharing schedule will automatically change once a child turns a certain age may not be enforceable. This was an issue in the case Harrell v. Cook, 1D20-1379 (Fla. 1st DCA January 12, 2022).
Posted by Nydia Streets of Streets Law in Holidays
“Life’s most persistent and urgent question is, ‘What are you doing for others?'” - Martin Luther King, Jr.
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
National Bagel Day kicks off your Martin Luther King, Jr. holiday weekend, and we have some easy, yummy recipes for you to try.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
In order to obtain a stalking injunction in Florida, a party must prove two separate incidents of stalking. When the parties to a stalking injunction case are neighbors, an injunction could interfere with the accused’s right to enjoy and be present in his or her own home. This was an issue in the case Sutton v. Fowler, 4D20-1978 (Fla. 4th DCA December 22, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
An unequal division of martial assets and debts in a Florida divorce must be supported by certain findings made by a judge. When a party claims he or she contributed non-marital funds to a marital asset, the burden is on that party to prove the contribution was not a gift to the other spouse. This was an issue in the case Chatten v. Chatten, 4D21-694 (Fla. 4th DCA December 22, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent wants to move more than 50 miles from his or her residence and there is a court-ordered parenting plan in place, the parent must either have the written permission of the other parent to move or must obtain a court order approving the move. The factors a court must consider in determining if relocation should occur are contained in section 61.13001 of the Florida Statutes. This was an issue in the case Mignott v. Mignott, 3D20-1225 (Fla. 3d DCA December 22, 2021).
