Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Florida Family Law Procedure
When a parent owns a business and therefore has fluctuating income, how is this taken into account in calculating child support in Florida? Since net income is required in this calculation, consideration must be given to business expenses incurred. This was an issue in the case Brown v. Norwood, 5D21-385 (Fla. 5th DCA August 5, 2022).
Posted by Nydia Streets of Streets Law in Florida Florida Family Law Procedure
What are some reasons a judge can be disqualified in a Florida family law case? Disqualification means the judge can no longer preside over the case and a new judge will be assigned. The person requesting disqualification must show there is a well-founded, reasonable fear that he or she will not receive a fair trial at the hands of that judge. This was an issue in the case Cini v. Cabezas, 3D22-0716 (Fla. 3d DCA August 10, 2022).
Posted by Nydia Streets of Streets Law in Florida Florida Family Law Procedure
When attorney’s fees are awarded as a sanction in a Florida family law case, an expert must testify as to the reasonableness of the fees in order for the court to properly set an amount to be paid. Without the expert testimony, the fee awarded may be subject to being overturned on appeal. If it is appealed, there may not be a second opportunity to present the necessary testimony. This was an issue in the case Mitchell v. Flatt, 2D21-487 (Fla. 2d DCA August 5, 2022).
Posted by Nydia Streets of Streets Law in Florida Paternity
Can a father request a DNA test at any time in Florida? The simple answer is no. Once a father acknowledges paternity by affidavit and he does not rescind that acknowledgement within 60 days, his paternity is confirmed and can only be challenged on grounds of fraud, duress or material mistake of fact. This was an issue in the case Dept. of Rev. o/b/o Zelaya v. Trochez, 3D22-0795 (Fla. 3d DCA August 3, 2022).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
This Sunday is National Friendship Day! “If you find it in your heart to care for somebody else, you will have succeeded.” – Maya Angelou. This week we’re changing things up a bit in honor of this wonderful holiday to bring you a craft guide so that you and your friends can get creative while celebrating each other.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Termination of a parent’s rights in Florida requires a three-prong test: “A petitioning party must first prove at least one of the enumerated statutory grounds for termination of parental rights by clear and convincing evidence. N.B. v. Dep’t of Child. & Fams., 289 So. 3d 29, 32 (Fla. 3d DCA 2019). The trial court must then consider whether termination is in the best interests of the child. Finally, because the fundamental right of parents to procreate and make decisions regarding the care, custody, and control of their children is recognized by both the Florida Constitution and the United States Constitution, and the right ‘does not evaporate simply because they have not been model parents,’ [. . .], a petitioning party must further prove that termination is ‘the least restrictive means of protecting the child from serious harm.’” This is explored in the case M.M.W. v. J.W., 3D21-2419 (Fla. 3d DCA August 3, 2022).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
If a Florida domestic violence petition is based on false allegations, can the accused who is defending the petition seek attorney’s fees? The answer depends on whether or not there is clear and convincing evidence that a party knowingly made false allegations in a petition. This was an issue in the case Cadavid, et, al. v. Saporta, 4D21-1717 (Fla. 4th DCA August 3, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
When can a party ask to re-open the evidence so that additional witnesses and evidence can be submitted to the court after a hearing is over? This is essentially a request for a second chance to present evidence to the court that may have been missed. The circumstances under which this request will be granted were discussed in the case Allen v. Allen, 1D21-2652, (Fla. 1st DCA August 3, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
A party who removes money from a marital retirement account while a Florida divorce case is pending may be in violation of what many jurisdictions call a status quo order. This order requires that the parties not disrupt the customary status of the parties by canceling utilities, running up debt on joint credit cards and more. The status quo was part of the issue in the case Erskine v. Erskine, 1D20-707 (Fla. 1st DCA July 27, 2022).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
A delicious weekend is ahead with National Chicken Wing Day, National Lasagna Day and National Cheesecake Day! Find these tasty foods in our recipe guide.
Posted by Nydia Streets of Streets Law in Florida Divorce
The intentional waste, depletion or destruction of marital property can be taken into consideration when a court divides assets and debts between divorcing spouses. A spouse who withdraws marital money from a bank account can be held responsible for the amount withdrawn even if the amount is put into an irrevocable trust. This was an issue in the case Collier v. Collier, 1D19-2070 (Fla. 1st DCA July 27, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Support
Are contingency fees allowed in Florida family law cases? Generally, no, but as with many rules, there are some exceptions. According to the Florida Rules of Professional Conduct, A lawyer cannot charge “any fee in a domestic relations matter, the payment or amount of which is contingent upon the securing of a divorce or upon the amount of alimony or support, or property settlement in lieu thereof.” This was an issue in the case Your Support Solution v. Ovalles, 3D21-1953 (Fla. 3d DCA July 27, 2022).
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!
