Posted by Nydia Streets of Streets Law in Florida Paternity
How long does a party have to appeal a Florida family law order? Generally the rule is 30 days with some exceptions. Following the specific deadline for the type of order you are trying to appeal is important to ensure the appellate court has jurisdiction to consider your appeal. What if a party claims he or she never received a copy of the order he or she wanted to appeal, and therefore did not know the 30 days had passed? This was an issue in the case Diasolwa v. Burneikis, 3D21-0899 (Fla. 3d DCA November 30, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent seeks to modify a Florida parenting plan, the court must consider the factors listed in Florida Statute 61.13 to determine if modification is in the best interest of a child. The court has less discretion in modifying a parenting plan than it does in creating one. Modification of timesharing was an issue in the case Allyn v. Allyn, 2D21-2368 (Fla. 2d DCA November 30, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
Does a divorce case filed in another country stop a Florida divorce case from proceeding between the same parties? The answer depends on many factors, but generally just because a divorce case is filed elsewhere does not mean Florida does not also have jurisdiction to decide issues related to the divorce. This was discussed in the case Lee v. Lee, 2D21-1171 (Fla. 2d DCA November 30, 2022).
Posted by Nydia Streets of Streets Law in Holidays
“Write it on your heart that every day is the best day in the year.” - Ralph Waldo Emerson
Posted by Nydia Streets of Streets Law in Florida Divorce
What are commingled funds in a Florida divorce? If a party claims certain funds are non-marital, separate property, but those funds are deposited into an account jointly owned by the parties or an account which contains marital funds, the funds claimed to be non-marital and separate are considered commingled. Commingled funds are generally classified as joint, marital property, so by depositing funds in the wrong account, a spouse can unknowingly transform his or her separate property into joint property. This was an issue in Rogers v. Rogers, 2D21-719 (Fla. 2d DCA November 30, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
What is considered intentional waste or dissipation of marital assets? Sometimes spouses do not agree on how money is spent. For example, one spouse may not approve of luxury purchases, and may argue that a spouse’s spending habits caused marital waste. Would this be enough for a Florida divorce court to award more than half of the marital assets to the disapproving spouse? The matter of intentional waste or dissipation was an issue in the case Hearn v. Hearn, 2D20-2522 (Fla. 2d DCA November 30, 2022).
Posted by Nydia Streets of Streets Law in Holidays
"Christmas, my child, is love in action. Every time we love, every time we give, it's Christmas." — Dale Evans
Posted by Nydia Streets of Streets Law in Florida Child Custody
A parent who is personally served with a petition for child custody in Florida and fails to respond to the petition on time may have a default judgment entered against him or her. This means the court will enter a judgment in the parent’s absence. This judgment may not be favorable to the absent parent. This was an issue in the case Salazar v. Dominguez, 2D22-684 (Fla. 2d DCA November 16, 2022) in which the mother went from having majority time-sharing with her child to being ordered to have time-sharing every other weekend and holidays after the father’s petition for modification of time-sharing was granted based on a default judgment entered against the mother.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Is it easy to suspend a parent’s time-sharing in a Florida child custody case? If a parenting plan has been established and one parent alleges a threat to the safety or welfare of the children that requires suspension of time-sharing, it is possible for this to occur. The parent whose time-sharing is affected must be afforded due process. This means a fair process with notice to the parent that his or her time-sharing will be suspended.
Posted by Nydia Streets of Streets Law in Florida Divorce
When one spouse in a Florida divorce lives outside of Florida, personal jurisdiction issues may arise. The spouse seeking a divorce in Florida may have issues getting relief from a Florida divorce court on any issue that requires personal jurisdiction (such as financial relief) if the other spouse has never lived in Florida or otherwise is not subject to jurisdiction in Florida. This was an issue in the case Fradera v. Fradera, 5D22-53 (Fla. 5th DCA November 4, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Support
A Florida Income Withholding Order can be entered to require that a parent pay support through the State Disbursement Unit. This provides a method for the State to monitor payments and to have payments involuntarily garnished from the parent’s paycheck to ensure it is received by the other parent. This type of order is required to be entered in a case involving child support unless the parents agree otherwise.
Posted by Nydia Streets of Streets Law in South Florida Family Events
Get artsy, celebrate the beginning of Hannukah and a science adventure in our South Florida weekend family fun guide!
Posted by Nydia Streets of Streets Law in Florida Divorce
How are temporary alimony and attorney’s fees decided in a Florida divorce? A ruling on these issues must be supported by competent, substantial evidence. A court will look at the need of the spouse asking for these temporary amounts and the ability of the other spouse to pay them.
Posted by Nydia Streets of Streets Law in Florida Divorce
What is the attorney-client privilege in Florida? This is the privilege a client holds to keep communications between the client and his or her lawyer confidential. The lawyer cannot be compelled to say what the client told the lawyer and vice versa, with few exceptions. How does this privilege come up in the context of Florida family law cases? Most often it is seen in discovery disputes.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a default is entered against a party in a Florida divorce case, what does this mean? Generally, it means the party who was defaulted did not answer the petition on time. The consequence is that the allegations in the petition are admitted, meaning the petitioner does not have to prove the allegations and they are taken as true. Application of this consequence is not so simple in family law cases. Child custody issues cannot be decided by default, for example.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A domestic violence injunction under Chapter 741.30 of the Florida Statutes may be sought by any family or household members. Parties do not need to be spouses in order for this type of injunction to be entered. According to the statute, the person seeking the injunction “who is either the victim of domestic violence" [. . .] or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence, has standing in the circuit court to file a sworn petition for an injunction for protection against domestic violence.”
Posted by Nydia Streets of Streets Law in South Florida Family Events
Holiday fun continues with our South Florida weekend family fun guide, complete with boats and a gala!
Posted by Nydia Streets of Streets Law in Florida Paternity
What is a sperm donor under Florida law? Parties who agree to have a child via at home insemination kits likely do so to save money involved with going through a laboratory to complete in vitro insemination. How does this process affect paternity? This was an issue in the case Enriquez v. Velasquez, 5D21-1542 (Fla. 5th DCA November 3, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Before a court can change a Florida parenting plan, both parties must be on notice of what to expect before a hearing is held. This notice is usually given by way of a motion filed by a party. In the motion, the party states allegations made against the other party and requests the relief desired. If a court grants relief not requested by a party, the order may be subject to appeal. This was an issue in the case Bowers v. Smith, 5D22-730 (Fla. 5th DCA November 7, 2022).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
How long does a party have to appeal a Florida family law ruling? Generally, a party has 30 days from the date an order is entered to file a Notice of Appeal. This deadline is strict, and an appellate court has no jurisdiction over a matter after this date. This was an issue in the case Baroff v. Baroff, 4D22-772 (Fla. 4th DCA November 2, 2022).
