Posted by Nydia Streets of Streets Law in Florida Child Custody
What are the requirements of a Florida parenting plan? According to the Florida Statutes, a parenting plan approved by the court at a minimum, must:
1. Describe in adequate detail how the parents will share and be responsible for the daily tasks associated with the upbringing of the child;
2. Include the time-sharing schedule arrangements that specify the time that the minor child will spend with each parent;
3. Designate who will be responsible for: a. Any and all forms of health care. If the court orders shared parental responsibility over health care decisions, the parenting plan must provide that either parent may consent to mental health treatment for the child. b. School-related matters, including the address to be used for school-boundary determination and registration. c. Other activities; and
4. Describe in adequate detail the methods and technologies that the parents will use to communicate with the child.
This was an issue in the case Hernandez v. Mendoza, 4D21-1866 (Fla. 4th DCA June 22, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a party appeals a Florida family court ruling, is the family court allowed to rule on pending issues? It depends on what was appealed and if there are any orders from the appellate court directing the lower court on what to rule on. This was an issue in the case Webking v. Webking, 1D21-3496 (Fla. 1st DCA June 17, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can a parent’s time-sharing be suspended without notice? Usually, no. Due process requires that all parties have notice of what will happen in their case so that they are prepared to defend against allegations made. The law generally considers “surprise” actions to be unfair in the course of litigation. Notice was an issue in the case Oddo v. Oddo, 5D22-0142 (Fla. 5th DCA June 3, 2022).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What is necessary to get an injunction entered against dating violence in Florida? According to the Florida Statutes, dating violence means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. The dating relationship must have existed within the past six months, the nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties, and the frequency and type of interaction must have included that the persons have been involved over time and on a continuous basis during the course of the relationship. This type of injunction was at issue in the case Lentino v. McKinney, 5D21-2155 (Fla. 5th DCA June 3, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
Under Florida Rule of Family Law Procedure 12.540(b), a party can ask the court to set aside a court order based on: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial or rehearing; (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) that the judgment is void; or (5) that the judgment has been satisfied, released, or discharged, or a prior judgment on which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application. This rule states “The motion must be filed within a reasonable time, and for reasons (1), (2), and (3) not more than 1 year after the judgment, order, or proceeding was entered or taken; except that there will be no time limit for motions based on fraudulent financial affidavits in marital or paternity cases.” The timing of a hearing on this type of motion was an issue in the case Brooks v. Brooks, 3D21-1693 (Fla. 3d DCA June 8, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
What is a directed verdict in a Florida family law case? This is when the court declines to allow a party to present evidence and testimony about his or her case, and instead rules based on what has been presented by way of evidence from one side and perhaps argument from both sides. When is it proper for a court to grant a directed verdict? This was an issue in the case Olguin v. Torrecilla, 2D20-3509 (Fla. 2d DCA May 25, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
Will I be required to pay a Florida family law judgment in one lump sum? This is a question often asked by a party ordered to pay child support arrears, retroactive support or attorney’s fees. Whether or not a party has to pay a lump sum depends on the funds available to that party. This was an issue in the case Nizahon v. Nizahon, 4D21-1765 (Fla. 4th DCA May 25, 2022).
Posted by Nydia Streets of Streets Law in Florida Alimony
Can receipt of social security benefits form a basis for modification of Florida alimony? If an alimony recipient begins receiving social security benefits, the payor may be able to modify alimony payments if he or she can show there has been an unanticipated and substantial change in circumstances which warrants modification of alimony. This was an issue in the case Mahle v. Mahle, 4D20-2024 (Fla. 4th DCA May 25, 2022).
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
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