Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Same-Sex Family Law
A same-sex couple can spend many years together and raise children together, but under the current state of Florida law, the party to the relationship who is not biologically related to the children may not have any parenting rights if the couple separates. This was an issue in the case Stabler v. Spicer, 1D21-1826 (Fla. 1st DCA November 2, 2022).
Posted by Nydia Streets of Streets Law in South Florida Family Events
This first weekend of December brings fitness fun and holiday cheer in our South Florida weekend family event guide!
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can attorney’s fees be awarded in a Florida family law appeal case based on a disparity in income between the parties? Generally, an appellate court has the authority to award temporary fees when a motion is filed under the Florida Rules of Appellate Procedure, and a trial court also has the authority to award these fees. This was an issue in the case Finch v. Cribbs, 1D18-3855 (Fla. 1st DCA November 2, 2022).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When attorney’s fees are awarded in a Florida family law case, in certain instances, the amount of fees must be supported by expert testimony. What qualifies a witness to be an expert on attorney’s fees? This was an issue in the case Mendelson v. Howard, 4D21-1552 (Fla. 4th DCA October 26, 2022).
Posted by Nydia Streets of Streets Law in Florida Alimony
The main aspects of determining an alimony claim in a Florida divorce revolve around need and ability to pay. That is the need of the spouse asking for alimony and the ability of the other spouse to pay it. To understand this analysis, it is important to accurately compute the income of each party. This was an issue in the case Leyte-Vidal v. Leyte-Vidal, 4D21-879 (Fla. 4th DCA October 26, 2022).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When is a Florida family law case ready for trial? Typically, cases are not set for trial until the pleadings are closed and discovery is completed. In many jurisdictions in Florida, mediation is also required before a case can be set for trial. Can a trial date be set anyway if all of these conditions are not met? This was an issue in the case Pulwer v. Pearl Brothers, LLC, 3D22-1462 (Fla. 3d DCA October 26, 2022).
Posted by Nydia Streets of Streets Law in South Florida Family Events
On this Black Friday, keep our family fun guide in mind to help you recover from shopping or stay away from it!
Posted by Nydia Streets of Streets Law in Holidays
“We can complain because rose bushes have thorns, or rejoice because thorns have roses.”
― Alphonse Karr
Posted by Nydia Streets of Streets Law in Florida Child Custody
When there is a child custody dispute and one parent lives in Florida and the other lives out-of-state, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is usually applicable. A parent who initiates child custody litigation in Florida may face a challenge from the out-of-state parent on certain grounds stated in the UCCJEA. This was an issue in the case Sosa v. Pena, 3D22-71 (Fla. 3d DCA October 26, 2022).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a Florida domestic violence injunction is entered, it is usually set to expire by a certain date. The victim can request that the court extend the expiration date if he or she can show another violent act has occurred, or he or she is in reasonable fear that another violent act will occur. This was an issue in the case Cardon v. Halmaghi, 1D20-2314 (Fla. 1st DCA October 19, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A guardian ad litem in a Florida child custody case can hire an attorney to collect fees due for services. The party who owes the money to the guardian ad litem could be liable for the guardian’s attorney’s fees. The award of fees must be supported by certain findings. This was an issue in the case Tripodi v. Nacer, 3D21-2234 (Fla. 3d DCA October 19, 2022).
Posted by Nydia Streets of Streets Law in South Florida Family Events
Find ideas for quality time in our weekend family fun guide! This weekend, you can watch movies in the park, find your favorite books and more.
Posted by Nydia Streets of Streets Law in Florida Child Support
When a party appeals a Florida family law case, if the opposing party “confesses error”, the appeal is usually granted. This means the opposing party admits the appeal is correct and should be granted. Is the appellate court required to abide by a confession of error? This was an issue in the case Perez v. DOR, 1D22-798 (Fla. 1st DCA October 12, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
Is interest awarded in a Florida divorce when the court divides assets between the parties? Pre-judgment interest refers to interest that may accrue before a final judgment is entered awarding property to a person. This was an issue in the case Iarussi v. Iarrusi, 1D21-0708 (Fla. 1st DCA October 12, 2022).
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).
