Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Child Custody
In order to modify a Florida parenting plan, a parent must show there has been a substantial change in circumstances that was not contemplated at the time of entering the parenting plan. Additionally, the other parent must have notice and an opportunity to be heard by the court before a parenting plan can be modified. This was an issue in the case Ceballos v. Barreto, 4D22-104 (Fla. 4th DCA April 13, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
Alimony and child support can be awarded on a temporary basis while a Florida family law case is pending. It is important that an order awarding temporary support specifies how much of the payment is for alimony and how much of it is for child support. This was an issue in the case Shaw v. Shaw, 4D21-2556 (Fla. 4th DCA April 6, 2022).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Who is ready for National Apple Pie Day (May 13) and National Buttermilk Biscuit Day (May 14)? We are, and we have our weekend recipe guide to prove it!
Posted by Nydia Streets of Streets Law in Florida Divorce
Can a spouse use funds in a joint account while a divorce is pending in Florida? Once a divorce case is filed, many courts in Florida have what is known as a status quo order. This order directs the parties not to disturb the status quo so that, for example, a spouse’s health insurance is not cancelled from one day to the next. This status quo rule may apply to funds in accounts. The use of cash is an issue discussed in the case Briggs v. Briggs, 1D21-1592 (Fla. 1st DCA April 20, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Support
A parent who voluntarily quits a job or is fired for misconduct may be at risk of having income imputed to him or her when Florida child support is calculated. Imputation of income is a two step process that involves determining if a parent is voluntarily unemployed or underemployed before imputing income. This was an issue in the case Oyebanji v. Collier, 1D21-1983 (Fla. 1st DCA April 6, 2022).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
How many times can a party file a Florida domestic violence injunction? If the filing is based on the same incident(s), more than one filing may not be allowed depending on the outcome of the first filing. This was an issue in the case Klement v. Kofsman, 4D21-1867 (Fla. 4th DCA March 30, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Does a father of a child born outside of wedlock have custody rights? When an unwed father signs an acknowledgement of paternity to be named as the father on a birth certificate, it creates a presumption that he is the legal father of the child in Florida. If neither parent rescinds the acknowledgement or files a judicial action relating to the child within sixty days, the voluntary acknowledgement establishes paternity subject to exceptions. Fla. Stat. § 742.10(4). Does this paternity status give a father a right to obtain custody of a child via a pick-up order? This was an issue in the case Nelson v. Mirra, 5D21-2469 (Fla. 5th DCA March 21, 2022).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
In order to obtain an injunction for protection against sexual violence in Florida, a petitioner must prove: “(1) that the petitioner is the victim of sexual violence, (2) that the sexual violence was reported to law enforcement, and (3) that the petitioner 'is cooperating in any criminal proceeding against the respondent, regardless of whether criminal charges based on the sexual violence have been filed, reduced, or dismissed by the state attorney.’ § 784.046(2)(c), Fla. Stat. (2020).” See Rollins v. Rollins, 5D21-2301 (Fla. 5th DCA March 18, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
“What happens if I don’t show up to trial in my Florida family law case?” is a question asked in some cases. The consequences of failing to participate in your own trial may be irreversible and detrimental to you. Not showing up means the judge will not hear your full side of the story. This was an issue in the case Pimienta v. Rosenfeld, 3D20-606 (Fla. 3d DCA May 4, 2022).
Posted by Nydia Streets of Streets Law in Firm News
As the proud chair of the Wilkie D. Ferguson, Jr. Bar Association’s Scholarship Committee, I am happy to announce that the 2022 scholarship application is available!
Posted by Nydia Streets of Streets Law in Florida Divorce
What is considered a marital asset or debt in Florida? Generally any assets or debts acquired from the date of marriage until the date of filing for divorce are considered marital and jointly-owned or owed. A tax refund that was given to the former husband after the filing of the petition for divorce was disputed as marital property in the case Padmore v. Padmore, 2D20-3312 (Fla. 2d DCA March 23, 2022).
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).
