Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Military Divorce
What is the difference between military disability pay and military retirement pay as it relates to a Florida divorce? One can be treated as property for equitable distribution purposes and the other cannot. This was an issue in the case Martin v. Martin, 1D21-2647 (Fla. 1st DCA August 17, 2022).
Posted by Nydia Streets of Streets Law in Florida Alimony
Can future circumstances affect a current alimony calculation in a Florida divorce? Generally, a court can only consider current circumstances at the time of trial in establishing an alimony payment. When circumstances change, a party may be able to petition for modification once the change occurs. Consideration of future circumstances was an issue in the case Inman v. Inman, 4D21-2265 (Fla. 4th DCA August 17, 2022).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Any way you slice them, potatoes are delicious! Let’s explore some recipes using this versatile ingredient in honor of National Potato Day.
Posted by Nydia Streets of Streets Law in Florida Divorce
How long does a party have after a Florida divorce is finalized to set it aside? It depends on why the order is being set aside. If it is for mistake, inadvertence, or excusable neglect, for example, the rules say up-to one year. What is the difference between a motion to set aside and a motion for enforcement? This was an issue in the case Mandelko v. Lopresti, 4D21-2041 (Fla. 4th DCA August 17, 2022).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can an attorney be sanctioned in a Florida family law case? It is possible for an attorney to be sanctioned for bad faith conduct in a proceeding. This usually happens when an attorney violates an order or pursues relief to which the attorney knows the client is not entitled. These sanctions are rare, however, and certain procedures must be followed to uphold the sanctions. This was an issue in the case The Shir Law Group, P.A. v. Carnevale, et. al., 3D21-0988 (Fla. 3d DCA August 10, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
Sometimes, parties besides spouses are involved in a Florida divorce. The most common scenario is when money is owed to a third party which is claimed to be owed by the spouses jointly. The third party may intervene in the case to protect his or her interest in property or to assure a debt will be paid. This was an issue in the case Loginov v. Samoilova, 3D21-2457 (Fla. 3d DCA August 10, 2022).
Posted by Nydia Streets of Streets Law in Florida Florida Family Law Procedure
Can a Florida family law case be transferred from one county to another? This is a common question when, for example, one parent in a child custody case lives in one county, and the other lives in another county. It may be inconvenient for a parent to have to litigate the case in a county that is very far away from where he or she lives. Whether or not a case can be transferred depends on factors that have to be analyzed by the court as explained in At Home Auto Glass v. Mendota Ins. Co., 5D21-2052 (Fla. 5th DCA August 12, 2022).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
This weekend, we’re getting fancy with our recipe guide because this Saturday is National Filet Mignon Day - Treat yourself to a full meal with dessert!
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).
