Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Child Support
When a party is not happy with a Florida child support ruling, can that party appeal? The answer depends on many factors, but an appeal generally must show the court misapplied the law. When reviewing a child support order, the appellate court will review whether competent, substantial evidence supports the decision. This was an issue in the case Duncan v. Franklin, 3D21-1068 (Fla. 3d DCA October 12, 2022).
Posted by Nydia Streets of Streets Law in Child Support
Administrative child support proceedings in Florida are handled without hearings unless a party requests one. All information about the case and proposed child support amounts are mailed to the parent requested to pay child support. If the parent agrees with the proposal, the order for support can be confirmed without the parties attending court. If the parent disagrees, he or she can request a hearing within certain deadlines. This was an issue in the case Pellegrino v. DOR, 2D21-2116 (Fla. 2d DCA November 3, 2022).
Posted by Nydia Streets of Streets Law in Holidays
"How important it is for us to recognize and celebrate our heroes and she-roes!" -- Maya Angelou
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A Florida domestic violence injunction can be dissolved if the circumstances surrounding entry of the injunction have changed. Due process requires that a party who files a facially sufficient motion to dissolve an inunction be given a hearing before a decision is made on this motion. This was an issue in the case Brown v. Armstrong, 5D22-1125 (Fla. 5th DCA October 3, 2022).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What does it mean to recuse or disqualify a judge in a Florida family law case? This means you are asking the court to remove a judge from deciding your case because you can show the judge is biased or otherwise unable to fairly decide a case. This showing cannot be based on your feeling that the judge is biased - there has to be evidence to support it. This was an issue in the case J.R. v. D.C.F., 3D22-1537 (Fla. 3d DCA October 6, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent wrongfully withholds court-ordered time-sharing from the other parent, the Florida statutes authorize a family court to award make-up time-sharing to the parent who was denied visits. Is a court required to award make-up time-sharing in an amount equal to the time missed? This was an issue in the case Spann v. Payne, 1D21-2323 (Fla. 1st DCA September 21, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Child custody issues in Florida same-sex marriage cases face undeveloped law sometimes. This means, the court is left to sort out how to apply statutes to situations that likely were not considered when the statutes were originally drafted. A recent case sheds light on how child custody arrangements involving a same-sex marriage are evaluated when relocation is sought.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Parents who cannot get along usually find themselves in court repeatedly after a final judgment is entered in a Florida child custody case. As always, the court must sort through the parties’ disagreements to arrive at decisions which are in the best interest of the children involved. Sometimes this involves referring the children to therapeutic services. This was an issue in the case Logreira v. Logreira, 3D21-0915 (Fla. 3d DCA September 21, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
If a party refuses to appear at a hearing in a Florida family law case, can their consent to have matters heard by the court in their absence by implied? Due process is an important and required part of any family law case, and if a party is not on notice about what will be decided at a hearing, that party may have a claim for violation of due process. This was an issue in the case Athienitis v. Makris, 2D21-2376 (Fla. 2d DCA September 16, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Support
When parties sign a settlement agreement in a Florida family law case and then ask the court to ratify the agreement by order, the parties are voluntarily asking the court to uphold an agreement they reached. What if a party feels there was a mistake in the agreement? Can that party file a motion to set aside the agreement and subsequent order of ratification? This was an issue in the case Gjokhila v. Seymour, 1D21-1613 (Fla. 1st DCA October 6, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
What happens when a Court’s oral ruling is different from the written order in a Florida family law case? Sometimes, a judge will rule one way orally at a hearing and ask the lawyers to prepare an order memorializing what the judge said. The order signed by the judge therefore may be different from what the judge said. According to a recent appellate case “When a trial court’s written order is inconsistent with its earlier oral pronouncement, the oral pronouncement generally controls and the written order must be reversed.” Johansson v. Johansson, 4D21-3343 (Fla. 4th DCA September 21, 2022).
Posted by Nydia Streets of Streets Law in Florida Alimony
What is an income withholding order in Florida? This is an order that obligates someone’s employer to withhold money from his/her paycheck and pay that money to the State Depository. The State Depository then disburses this money as child support and/or alimony on behalf of the person whose paycheck was garnished. Entry of this type of order was an issue in the case Carlson v. Frengut, 4D21-1600 (Fla. 4th DCA September 14, 2022).
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).
