Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When attorney’s fees are awarded to one party in a Florida family law case, the next step is to determine the amount of fees to be awarded. This requires testimony or evidence of the amount of fees expended in order for the court to make a determination of reasonableness. This was an issue in the case Fetchick v. Fetchick, 5D21-1722 (Fla. 5th DCA August 26, 2022).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Today, we celebrate National Guacamole Day! What a great day for some fresh, tasty recipes. Find them in our weekend guide.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Can a court award sole custody of children in a Florida stalking injunction case? There is a difference in relief that is available regarding child custody in domestic violence cases and stalking cases. This is explored in the case Rosaly v. Konecny, 4D21-3236 (Fla. 4th DCA August 31, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a matter is heard by and ruled on by a general magistrate in a Florida divorce case, there are certain procedures that must be followed to challenge the general magistrate’s findings and recommendations. These must be raised within a certain period of time. Failure to challenge the general magistrate’s rulings correctly and timely may result in relief being denied. This was an issue in the case Edwards v. Alphonse, 4D21-2910 (Fla. 4th DCA August 31, 2022).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can you appeal any order entered in a Florida family law case? Not all orders are appealable at every stage of a case. Certain non-final orders cannot be appealed. This means orders that are entered before a final judgment is entered in a case, may not be appealable until the final judgment is entered. This was an issue in the case Shavers v. Shavers, 2D21-3190 (Fla. 2d DCA August 31, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
Attorney’s fees in a Florida divorce can be awarded based on the relative financial circumstances of the parties or misconduct in litigation. When they are awarded based on financial circumstances, a court must consider the need of the spouse asking for fees to be paid as well as the ability of the other spouse to pay. Misconduct can also be considered in awarding fees based on financial circumstances. This was an issue in the case Rich v. Rich, 2D19-2721 (Fla. 2d DCA August 31, 2022).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
National Grandparent’s Day is this Sunday. What a wonderful day to show appreciation in the form of food! Here are some recipes to help celebrate.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A Florida domestic violence injunction must be supported by appropriate allegations. Often, yelling at someone, although unpleasant, is not enough to support an injunction. “In determining whether a petitioner’s fear of domestic violence is objectively reasonable, trial courts ‘consider the current allegations, the behavior of the parties in the relationship, and the history of the relationship.’” Stevens v. Hudson, 1D21-3142 (Fla. 1st DCA August 31, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
How are travel costs taken into account when parents do not live in the same state, or even the same country, in a Florida child custody case? Travel costs to effectuate time-sharing are part of child support considerations and the court must apportion the same appropriately. Exorbitant travel costs were an issue in the case Hiatt v. Mathieu, 4D22-1198 (Fla. 4th DCA August 24, 2022).
Posted by Nydia Streets of Streets Law in Florida Name Change
What are some reasons a name change petition can be denied in Florida? Some issues a court may consider in determining if a name change can be granted are if a person is changing his or her name to escape a criminal record or to defraud creditors. This was an issue in the case In re: Steven Benton Aubrey, 4D22-231 (Fla. 4th DCA August 24, 2022).
Posted by Nydia Streets of Streets Law in Holidays
According to History.com: “Labor Day pays tribute to the contributions and achievements of American workers and is traditionally observed on the first Monday in September. It was created by the labor movement in the late 19th century and became a federal holiday in 1894.”
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Happy Labor Day Weekend! Whether you are grilling or just relaxing this weekend, our recipe guide has something for you.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Modifying a Florida parenting plan requires the showing of a substantial, material, and unanticipated change of circumstances, according to the Florida Statutes. If a party appeals a trial court’s decision to modify a parenting plan, an appellate court will analyze whether competent, substantial evidence supports the trial court’s decision. This was an issue in the case Miedes v. Ideses, 3D21-1112 (Fla. 3d DCA August 24, 2022).
Posted by Nydia Streets of Streets Law in Florida Alimony
Can a discharge of debts in bankruptcy lead to a modification of alimony in Florida? According to the case Kraus v. Kraus, 3D21-740 (Fla. 3d DCA August 24, 2022), it can. This is because the debt discharge could lead to better ability to pay by the payor.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Can a victim of domestic violence ask a court to dissolve an injunction or civil restraining order in Florida? According to Florida law, either party may move to dissolve or modify an injunction at any time after an injunction has been entered. This was an issue in the case Green v. Bordiuk, 2D21-2592 (Fla. 2d DCA August 24, 2022).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Interviewing a child as a witness in a Florida child custody case can be stressful for the child. Therefore, these interviews must be handled with care and are usually only allowed in a court proceeding with the permission of the judge. Whether a child is allowed to testify or not depends on factors weighed by the court against prejudice to the party asking for the testimony. This was an issue in the case M.S. v. Dept. of Children and Families, 3D22-1108 (Fla. 3d DCA August 17, 2022).
Posted by Nydia Streets of Streets Law in Florida Paternity
If my child was removed from the state of Florida without my consent, can I file a petition for child custody in Florida? This is a question asked by many parents who feel their child was wrongfully removed from Florida. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is what a Florida court will look to when deciding if there is jurisdiction over a child custody case. This was an issue in the case Chatani v. Blaze, 3D21-2321 (Fla. 3d DCA August 17, 2022).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
This weekend, it’s all about cherries with National Cherry Popsicle Day today and National Cherry Turnovers Day on Sunday! Bonus - Saturday is National Just Because Day, so surprise your nearest and dearest with some sweet treats using our recipe guide.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Who has a duty to progress a Florida family law case? The simple answer is, the party who is petitioning for relief from the court. If a case sits for too long without activity, the rules permit a court to dismiss or close a case. But certain notice has to be given to a party that this will happen after a certain period of inactivity has passed. This was an issue in the case Bravo v. CJM Partners, LLC, 3D21-1517 (Fla. 3d DCA August 17, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
What date is used to value marital assets in equitable distribution? The Florida statutes give a judge discretion in choosing the valuation date as “is just and equitable under the circumstances. Different assets may be valued as of different dates, as, in the judge’s discretion, the circumstances require.” § 61.075(7), Fla. Stat. (2018). This was an issue in the case McGowan v. McGowan, 1D21-966 (Fla. 1st DCA August 17, 2022).
