Posted by Nydia Streets of Streets Law in Florida Prenuptial Agreements
Will Florida law be applied to a prenuptial agreement entered in another state or country? If a prenuptial agreement has a “choice of law” provision in which the parties agree that the laws of a state or country will be used to enforce or interpret the agreement, a Florida court will generally apply the other state or country’s laws so long as it is not against public policy. This was an issue in the case Moquin v. Bergeron, 4D21-27 (Fla. 4th DCA May 11, 2022).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Who is ready for some of the best food days of the year?! Today we celebrate National Doughnut Day and tomorrow, National Cheese Day. Get your palate and your kitchen ready for our weekend recipe guide.
Posted by Nydia Streets of Streets Law in Florida Alimony
Can withdrawals from a retirement account be considered income when calculating a party’s ability to pay alimony? The answer depends on what type of withdrawals are being made, such as discretionary or mandatory. This was an issue in the case Rodolph v. Rodolph, 4D18-3167 (Fla. 4th DCA May 4, 2022).
Posted by Nydia Streets of Streets Law in Florida Name Change
Can I change my name in Florida if I have a criminal record? This is a question many may have who are looking to legally change their name. Generally, as long as a person proves he or she has no ulterior or malicious reason for changing his or her name, a petition for this is usually granted. Therefore, a criminal record on its own is not a reason to deny a name change petition. This was an issue in the case In Re: Williams, 4D21-1749 (Fla. 4th DCA March 23, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
When calculating Florida child support and alimony obligations, careful review of a party’s income and allowable deductions is important to ensure that a party is not overpaying or underpaying support. When a party is self-employed or has a complicated compensation scenario, it may be necessary to enlist an accountant to help with calculations and determination of income. The calculation of modified support was an issue in the case Graham v. Graham, 5D21-1389 (Fla. 5th DCA April 22, 2022).
Posted by Nydia Streets of Streets Law in Holidays
"Our nation owes a debt to its fallen heroes that we can never fully repay."
– Barack Obama
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Just in time for Memorial Day weekend, we have National Hamburger Day on May 28. It’s a great time to gather with family and friends and share a meal as we remember those who made great sacrifices.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a general magistrate is appointed to preside over a family law case hearing, this triggers procedural requirements. First, all parties must usually consent to have a general magistrate hear the case. Once the hearing occurs, if a party wishes to challenge the general magistrates conclusions, that party must file the appropriate motion within ten days. This was an issue in the case Polo v. Hernandez, 3D21-2179 (Fla. 3d DCA April 6, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Support
A parent who has the ability to earn a certain level of income who voluntarily takes a lower paying job may be at risk of having income imputed to him or her in calculating Florida child support. In addition to a parent’s work history and education level, a court analyzes job opportunities and salary levels in the community in which the parent lives. This was an issue in the case Sadlak v. Trujillo, 3D20-1575 (Fla. 3d DCA April 13, 2022).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can a ruling of a general magistrate be appealed in a Florida family law case? A party who disagrees with a general magistrate’s findings and recommended order can file a motion to have the judge review the the findings and recommendations, and this must be done by a certain deadline. However, the fact that a party disagrees with the conclusions reached by the general magistrate is generally not enough to sustain a challenge to those conclusions. This was an issue in the case Figueroa v. Kossiver, 5D21-1963 (Fla. 5th DCA April 8, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What is a writ of certiorari in a Florida child custody case? This is a way to appeal a decision of a trial court that is alleged to cause irreparable harm. In many cases, it may not be possible to appeal a temporary order entered in a case. However, this writ allows for appeal of some temporary orders. This was an issue in the case Payne v. Koch, 5D21-2427 (Fla. 5th DCA April 14, 2022).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Today is a great day, friends - it’s National Pizza Party Day! In celebration, we have some unique, tasty pizza recipes for you to try for your pizza making party.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A Florida domestic violence case begins with the filing of a petition by the victim. The petition is important because it puts the court and opposing party on notice about what is alleged to have occurred. It supports a fair process so that no one is surprised by allegations at a hearing and has time and opportunity to build a defense. This was an issue in the case Brooks v. Basdeo, 5D21-2280 (Fla. 5th DCA April 1, 2022).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What is considered stalking under Florida law? In the realm of a civil domestic violence injunction, stalking is defined as willful malicious and repeated following, harassing or cyberstalking of another person. To qualify for a stalking injunction, the alleged conduct must cause substantial emotional distress and serve no legitimate purpose. A stalking injunction was at issue in the case Garcia v. Soto, 4D21-661 (Fla. 4th DCA April 20, 2022).
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).
