Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Divorce
As part of equitable distribution in a Florida divorce, the court is usually required to consider tax consequences in the division of assets and debts. If attorney’s fees are awarded in a divorce, a court can order that interest be paid. What interest rate is used? These were issues in the case Bathke v. Costley, 5D20-2522 (Fla. 5th DCA December 30, 2021).
Posted by Nydia Streets of Streets Law in Florida Alimony
If a party has not worked for many years, what level of income should be imputed to that party for purposes of calculating Florida alimony? Many factors go into determining if and how much income should be imputed, including the educational and occupational history of the party to whom income is being imputed. This was an issue in the case Poveromo v. Poveromo, 5D19-3466 (Fla. 5th DCA January 21, 2022).
Posted by Nydia Streets of Streets Law in Florida Alimony
What are the different types of alimony in Florida? Alimony is discussed in Fla. Stat. Chp. 61.08, and generally there is bridge-the-gap, rehabilitative, durational, permanent and lump sum alimony. Which type the court will award depends on factors in each case such as the length of the marriage, the age of each party, the health of each party and more. Durational alimony was an issue in the case Pringle v. Pringle, 3D21-754 (Fla. 3d DCA January 19, 2022).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
National Drink Wine Day is today, friends! How about also cooking with wine? Check out our weekend recipe guide that incorporates this libation.
Posted by Nydia Streets of Streets Law in Florida Divorce
What is a motion for disqualification in a Florida divorce case? This motion is one which argues that a person or entity should not be involved in the case because of a bias or prior representation which creates conflict. In the case Meruelo v. Meruelo, 3D21-2204 (Fla. 3d DCA January 5, 2022), this motion was filed to disqualify a forensic accountant hired by the wife in a divorce case.
Posted by Nydia Streets of Streets Law in Florida Child Support
When a party wins an appeal in a Florida family law case, what happens next? The appellate court usually issues instructions to the trial court in its order. At that point, “the trial court’s role is ‘purely ministerial, and its function is limited to obeying the appellate court’s order or decree.’” J.M. v. A.J.D., 3D20-1118 (Fla. 3d DCA January 12, 2022) (citing Torres v. Jones, 652 So. 2d 893, 894 (Fla. 3d DCA 1995)).
Posted by Nydia Streets of Streets Law in Florida Divorce
How many days of notice must be given before a trial proceeds in a Florida divorce case? According to the Florida Rules of Civil Procedure, a trial cannot be set less than 30 days from the date a notice for trial is issued. This was an issue in the case Damas v. Rappleye, 3D21-684 (Fla. 3d DCA December 29, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
What are some things a court considers when awarding attorney’s fees and costs to a party in a Florida divorce case? One consideration is the reasonableness of the fee amount claimed by an attorney and the number of hours spent by the attorney on certain tasks. This was an issue in the case Haskell v. Haskell, 2D21-214 (Fla. 2d DCA January 21, 2022).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
It’s Super Bowl weekend! You may need some last-minute game bite recipes, and we have you covered with our weekend recipe guide.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When examining whether or not stalking occurred in a Florida domestic violence case, a court looks at whether or not there is a pattern of harassment, among other factors. Does a person taking a job at the same place as an ex romantic partner establish a pattern of harassment? This was an issue in the case Ahern v. Leon, 4D21-539 (Fla. 4th DCA January 19, 2022).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What does a court consider when someone asks for a Florida domestic violence injunction to be dissolved? In order to dissolve an injunction based on changed circumstances, the person asking for this must “demonstrate that the scenario underlying the injunction no longer exists so that continuation of the injunction would serve no valid purpose.” Bak v. Bak, 4D20-1676 (Fla. 4th DCA January 19, 2022) (internal citation omitted).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What distinguishes unpleasant behavior from stalking? The distinction is important since a Florida domestic violence injunction cannot be entered based merely on unpleasant interactions with someone. To obtain a stalking injunction, a person must show in part that he or she is under emotional distress because of the actions of someone else. This was an issue in the case Hasan v. Rivera, 4D20-1598 (Fla. 4th DCA January 12, 2022).
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).
