Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Can a police report be used in a Florida domestic violence case? Police reports may be considered hearsay, and therefore may not be admissible into evidence at a hearing. These reports are commonly at issue in a domestic violence case, however, and sometimes they can be helpful in understanding what is alleged to have happened. This was an issue in the case Devalon v. Sutton, 4D21-3257 (Fla. 4th DCA July 27, 2022).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What is needed to obtain a stalking injunction in Florida? According to the Florida Statutes, section 784.048, “[a] person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking[.]” The word “repeatedly” indicates at least two incidents are required. This was an issue in the case Baruti v. Vingle, 5D21-2785 (Fla. 5th DCA July 15, 2022).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Aside from being a good source of fiber, mangos are delicious! So let’s celebrate them on National Mango Day with our weekend recipe guide.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Changing a Florida child custody order requires that a party file a petition for modification to put the other parent on notice of his or her intentions. What if a party requests modification and the other party responds with his or her version of a modified time-sharing schedule? Is this enough to put the petitioning party on notice that the other parent wants a modification as well? This was an issue in the case Roberts v. Diaz, 3D21-1912 (Fla. 3d DCA July 20, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
Can arbitration be ordered or forced in a Florida divorce case? Some issues in a Florida family law case cannot be decided in binding arbitration, but others can be if agreed-to by the parties. Disputed ownership of a corporate entity during divorce was an issue in the case Malek v. Malek, 3D21-2451 (Fla. 3d DCA July 20, 2022).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is service of process in a Florida family law case? When a petition for divorce is filed, for example, the spouse filing the petition is responsible for ensuring that the other spouse receives a copy of the petition. The other spouse must receive the petition in a manner allowed by law. The most common manner is service of process via a process server. In Florida, this is a person licensed to deliver lawsuit papers. A process server’s compliance with service rules was an issue in the case Becker v. Becker, 3D22-0352 (Fla. 3d DCA July 20, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Support
If child support arrears are owed to a parent and the other parent later assumes majority time-sharing, can those arrears fully offset ongoing child support the parent may be ordered to pay? The answer depends on if there are “compelling equitable criteria and considerations justifying such set off,” according to Tinoco v. Lugo, 2D21-1130 (Fla. 2d DCA July 15, 2022).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Gummy worms, anyone? Today is National Gummy Worm Day, and we are here to help you celebrate with our weekend recipe guide!
Posted by Nydia Streets of Streets Law in Florida Divorce
What is a qualified domestic relations order (QDRO) in a Florida divorce? This is an order, separate from a final judgment of divorce, that instructs a retirement plan administrator on how to divide a retirement account or pay money from a retirement account to a spouse. It is a specialized order with specific formatting and wording that may vary among different retirement accounts. The entry of a QDRO was an issue in the case Travis v. Travis, 5D20-2617 (Fla. 5th DCA July 1, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When parents cannot agree on home schooling, what do they do in Florida? If they have a Florida child custody case that is pending or was once pending, they may be able to have the court resolve the dispute. This was an issue in the case Hassenplug v. Hassenplug, 2D21-2729 (Fla. 2d DCA June 29, 2022).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is the Florida long-arm statute? This is a rule that specifies under what conditions a non-resident of Florida can be served with a lawsuit and a court can exercise personal jurisdiction. In a family law proceeding, the long-arm statute comes into play when. for example, a spouse moves to Florida and tries to divorce a spouse living outside of Florida. This statute was an issue in the case Murphy v. Murphy, 1D20-1117 (Fla. 1st DCA July 6, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
What are some mistakes that can happen in a Florida divorce case? When issues such as equitable distribution, alimony, attorney’s fees and child custody are being decided, it is possible for the court to make a mistake in its ruling. Some common mistakes were at issue in the case Arzillo v. Arzillo, 2D21-603 (Fla. 2d DCA June 29, 2022).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Summer is in full swing and National Freezer Pop Day is here to bring the temperature down! Check out our weekend recipe guide for some cool takes on this frozen treat.
Posted by Nydia Streets of Streets Law in Florida Child Custody
When is supervised visitation appropriate in a Florida child custody case? Since supervision is a restriction that greatly affects a parent’s access to a child, it may be viewed with a certain level of scrutiny. This was an issue in the case E.M. v. E.G., 2D21-1450 (Fla. 2d DCA July 6, 2022).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is a court reporter and do you need one at your Florida family law hearing? A court reporter is a professional who records what is said at a hearing and can provide a transcript of testimony and court rulings. Why might it be important to have a court reporter at your hearing? This was an issue in the case Birnbaum v. Mortman, 4D21-2630 (Fla. 4th DCA June 29, 2022).
Posted by Nydia Streets of Streets Law in Domestic Violence
Domestic violence is not limited to spouses or romantic partners. This is likely why the Florida legislature saw it fit to provide for many types of domestic violence injunctions. The requirements for each type of injunction are specific. This was an issue in the case Werner v. Werner, 2D21-1998 (Fla. 2d DCA June 15, 2022).
Posted by Nydia Streets of Streets Law in Holidays
We wish you and your family a joyous, restful and loved-filled Independence Day!
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Hey, friends! What will you do with your 3-day weekend? How about making ice cream for National Creative Ice Cream Flavors Day? Check out our recipe guide for some yummy takes on this cool treat!
Posted by Nydia Streets of Streets Law in Florida Child Support
Sometimes an employer pays living expenses for an employee such as cell phones, vehicles and even rent. The Florida child support guidelines include as a parent’s income in-kind reimbursements from employers insofar as these payments reduce living expenses. This was an issue in the case McDaniel v. McDaniel, 2D20-2845 (Fla. 2d DCA June 15, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
Can I cash out my retirement account during my Florida divorce? Sometimes, parties deplete their savings, including retirement accounts, while a divorce case is pending. This is because unexpected and major expenses may arise such as attorney’s fees and increased living expenses. A party might fear that if he or she uses the money in retirement accounts, those amounts will be counted against him/her in equitable distribution, or the court may otherwise “punish” the party for doing so. This was an issue in the case Petrinic v. Petrinic, et. al., 4D21-1319 (Fla. 4th DCA June 22, 2022).
