Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Divorce
Sometimes, a party may be required to pay interest to another party in a Florida divorce case if a payment is overdue. The rate of interest depends on if the parties had a contract specifying the rate. How is the interest calculated? This was an issue in the case Langsetmo v. Metza, 4D21-717 (Fla. 4th DCA March 9, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Relief not requested in pleadings in a Florida family law case generally cannot be granted by the court. This is because due process requires that each party be given fair and reasonable notice of what he or she must defend against in the proceeding. This was an issue in the case Hernandez v. Hernandez, 4D20-2145 (Fla. 4th DCA March 9, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a child sees a therapist or other mental health professional, can a parent request the records of the therapy sessions? The patient-therapist privilege, in the case of a minor, belongs to the minor’s parent or guardian. However, a court can hold that a parent is barred from waiving the privilege. This was an issue in the case Bentrim v. Bentrim, 4D21-1303 (Fla. 4th DCA March 9, 2022).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Happy Easter weekend! Just in time for spring and renewal, here are some Easter dessert ideas for your family gathering, or just for yourself.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party does not agree with findings or recommendations made by a general magistrate in a Florida family law case, what can be done? According to rules of procedure, a party must object to a general magistrate’s report within 10 days by filing a motion for exceptions, in which case the judge presiding over the case will hold a hearing to review the exceptions to the report. This was an issue in the case Fletcher v. McCulloch, 4D21-2708 (Fla. 4th DCA March 9, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Support
How long does a party have to enforce a Florida child support order? The right of child support belongs to a child under the law, so it is difficult to argue that a parent “waived” child support arrears by not pursuing them in a timely manner. However, a defense known as laches could be used to defeat a request to enforce past-due child support that has not been pursued in a reasonable amount of time. This was an issue in the case Alcalde v. Alcalde, 3D20-0998 (Fla. 3d DCA March 9, 2022).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Many parties to a Florida family law case ask “Do I HAVE to give the other side my private information”? As part of the case, parties can ask for discovery. Discovery is a process in which each side can request of each other documents or information relevant to the case. For example, in a case to establish child support, each side may be asked to produce paystubs and bank statements to prove income. There are limits to discovery, however, and a party can object to providing certain documents, in which case the judge decides if the objection is valid. This was an issue in the case Sahmoud v. Marwan, 3D20-1311 (Fla. 3d DCA March 9, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A Florida parenting plan generally cannot contain clauses that automatically change time-sharing in the future. This is called a prospective-based best interest analysis and is disfavored. This is because it is difficult to know what the best interest of a child will be in the future, and this should be examined in real time. This was an issue in the case T.A. v. A.S., 2D21-1236 (Fla. 2d DCA March 4, 2022).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
This Sunday is National Siblings Day and there are few better ways to celebrate than with food! Here is our weekend recipe guide for ideas on what to cook for (or with) some of your favorite people.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Who has standing to request a domestic violence injunction in Florida? According to the Florida Statutes, this type of injunction may be sought by “family or household members”, which are defined as “spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.” See Chp. 741, Fla. Stat. Standing was an issue in the case Alcon v. Collins, 1D20-2265 (Fla. 1st DCA March 2, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A parent’s abuse of alcohol and/or drugs can be taken into account in a Florida child custody case. If a court awards time-sharing to one parent over the other based on the other parent’s substance abuse issues, can the other parent petition to modify time-sharing if he or she achieves sobriety? This was an issue in the case Daniello v. Settle, 4D20-2732 (Fla. 4th DCA March 2, 2022).
Posted by Nydia Streets of Streets Law in Florida Alimony
The Florida Statutes specify the types of alimony that can be awarded in a divorce and the factors that support the award. One consideration in determining alimony in Florida is the length of the parties’ marriage, which by statute is defined as lasting from the date of marriage until the date of filing for divorce. The length of the parties’ marriage in relation to the type of alimony awarded was a consideration in the case Whyte v. Whyte, 4D20-1576 (Fla. 4th DCA March 2, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody and Florida Child Support
Once a Florida parenting plan has been entered, generally, a parent cannot move more than 50 miles from his or her current residence without a court order or the written permission of the other parent. This rule is likely in place to avoid the disruption to a time-sharing schedule that is sure to occur if a parent moves too far away. However, even moving within this mileage limit can disrupt the time-sharing schedule, and this may form a basis for modification of a parenting plan. This was an issue in the case Seith v. Seith, 4D21-556 (Fla. 4th DCA March 2, 2022).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Happy April Fool’s Day! We promise there are no tricks in our weekend recipe guide, only recipes that celebrate National Sourdough Bread Day, National Peanut Butter and Jelly Day and National Chocolate Mousse Day.
Posted by Nydia Streets of Streets Law in Florida Divorce
The terms of a Florida marital settlement agreement will be enforced under contract law. The unambiguous terms of a contract are enforceable as written, therefore it is important that the right words are used to convey the intent of the parties. A court cannot rewrite the terms of a valid and enforceable marital settlement agreement. This was an issue in the case Orth v. Orth, 3D21-458 (Fla. 3d DCA March 30, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Support
Is a parent required to pay private school tuition in addition to child support in Florida? While generally, there is no obligation to put children in private school, a parent may be required to pay private school tuition if certain findings are made by the court. This was an issue in the case Boulos v. Boulos, 3D21-476 (Fla. 3d DCA February 9, 2022).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
How long does someone have after an incident of violence to file a petition for injunction against domestic violence in Florida? There is no “bright line” rule but there has to be a reasonable amount of time. It may be difficult, for example, for a party to prove he or she is in fear of becoming a victim of domestic violence again if his or her last contact or incident of violence with the abuser was several years prior. The amount of time it took for a petition to be filed after an alleged incident of violence was an issue in the case Dickson v. Curtis, 3D21-1086 (Fla. 3d DCA February 9, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What is an order of referral to a general magistrate in a Florida family law case? This is an order issued by the judge in the case which refers a motion or petition to a general magistrate for a hearing. A general magistrate is what is known as a hearing officer - he or she is not a judge, but presides over a hearing, reviews evidence and testimony, and makes a recommendation to the judge about how to rule on the motion or petition. The judge then ratifies the recommendation if there are no timely objections from either party. An order entered based on a general magistrate’s recommendation was the subject of an appeal in the case Toledano v. Garcia, 3D21-85 (Fla. 3d DCA February 9, 2022).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Tomorrow is National Spinach Day, and the possibilities are endless! Besides being a good source of vitamins and iron, spinach can be incorporated in many dishes. Check some out in our weekend recipe guide.
Posted by Nydia Streets of Streets Law in Florida Child Custody
What is a pick-up order in a Florida child custody case? This type of order is usually entered after a parent shows that the other parent or another person wrongfully has physical custody of a child. The order allows law enforcement authorities to pick-up the child and deliver the child to the parent who was granted the pick-up order. This was an issue in the case Hodge v. Babcock, 3D22-0167 (Fla. 3d DCA February 16, 2022).
