Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Child Support
Florida child support is calculated under guidelines using both parents’ net incomes (after taxes and certain statutory deductions) and include expenses such as daycare and health insurance premiums. These guidelines must be included with a final judgment, or an order for child support may be reversed on appeal. This was an issue in the case Dorvilien v. Verty, 4D21-1772 (Fla. 4th DCA March 23, 2022).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
This weekend makes for an interesting recipe line-up with National Shrimp Scampi Day, National Oatmeal Cookie Day and National Lemonade Day. You can build a whole meal from the main dish, to dessert to the beverage!
Posted by Nydia Streets of Streets Law in Florida Alimony
What is the standard for awarding permanent alimony in a Florida divorce? Currently, Florida law provides that there is a presumption that permanent alimony is appropriate in marriages lasting 17 years or longer, known as long-term marriages. It is usually an abuse of a court’s discretion to fail to award permanent alimony in a long-term marriage unless the presumption is overcome by competent, substantial evidence. This was an issue in the case Manna v. Manna, 1D21-892 (Fla. 1st DCA March 23, 2022).
Posted by Nydia Streets of Streets Law in Florida Prenuptial Agreements
Is a Mahr enforceable in a Florida divorce? A Mahr is an Islamic prenuptial agreement. As with most foreign prenuptial agreements, Florida will recognize and enforce a Mahr. Florida contract law applies to secular parts of this type of agreement, as was noted in the case Parbeen v. Bari, 4D21-431 (Fla. 4th DCA March 16, 2022).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a long time has passed since the entry of a Florida domestic violence injunction was entered, a party may be able to ask to have it dissolved. The passage of time is not the only factor the court has to consider, however, in determining whether an injunction should be dissolved. This was an issue in the case Labrake v. Labrake, 1D21-456 (Fla. 1st DCA March 16, 2022).
Posted by Nydia Streets of Streets Law in Florida Alimony
“Will I be required to obtain life insurance to support an alimony award in a Florida divorce?” This is a question many might have when faced with the possibility of paying spousal support. Florida law does allow for life insurance to be paid when an alimony amount is awarded, but there are findings that must be made before this is ordered. This was an issue in the case Murphy v. Murphy, 1D21-1691 (Fla. 1st DCA March 16, 2022).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Saturday is National Picnic Day and what a beautiful day to celebrate. Pack your basket with these easy, travel-friendly recipes from our weekend guide.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Appealing a Florida family law case may not be as simple as many think. There are certain steps that have to be followed procedurally before a party can appeal, and it is usually not enough that a party does not agree with a court’s decision to appeal - there has to be a legal basis for appeal. The procedure for appeal was an issue in the case Doukas v. Doukas, 1D21-3002 (Fla. 1st DCA March 16, 2022).
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).
