Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Divorce
How much in temporary attorney’s fees will a court require a party to pay in a Florida divorce? Determination of attorney’s fees is on a case-by-case basis, and the court must primarily analyze a party’s need for fees and the other party’s ability to pay fees. This was an issue in the case Hasson v. Hasson, 4D21-1282 (Fla. 4th DCA May 25, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
What will happen in my Florida divorce case? This is a question many wonder as they face the dissolution of their marriage. It may bring worry, anxiety and fear as you approach the unknown. But learning about what you can expect in a Florida divorce can help ease these feelings. One way to learn about what to expect is by reviewing Florida family law appellate cases. A recent case discusses equitable distribution and alimony requirements in a Florida divorce case: Smith v. Smith, 1D20-2419 (Fla. 1st DCA May 18, 2022).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Today is National Egg Roll Day AND National Iced Tea Day! What an interesting combination that brings some tasty recipes. Check them out in our weekend recipe guide!
Posted by Nydia Streets of Streets Law in Florida Divorce
One party can be ordered to pay the other party’s attorney’s fees and costs for failure to comply with a Florida divorce judgment. Before a court can award fees and costs, it has to make certain findings such as the reasonableness of the amount of fees requested. This was an issue in the case Merriman v. Adler, 5D21-2372 (Fla. 5th DCA May 13, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
Are gifts given to a spouse during the marriage considered marital assets? Generally gifts are the separate property of the recipient spouse, excluding interspousal gifts (gifts given by spouses to each other during the marriage). The classification of a gift was an issue in the case Twigg v. Twigg, 2D21-543 (Fla. 2d DCA May 6, 2022).
Posted by Nydia Streets of Streets Law in Florida Alimony
How much of a person’s monthly income can a court order be paid as alimony to a former spouse? According to the Florida Statutes “The award of alimony may not leave the payor with significantly less net income than the net income of the recipient unless there are written findings of exceptional circumstances.” Fla. Stat. Chp. 61.08. This was an issue in the case Kirby v. Kirby, 5D21-304 (Fla. 5th DCA May 6, 2022).
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).
