Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Divorce
When a house is sold in a Florida divorce case, is a party entitled to credits for payments made toward the house pending the sale? A party might be able to claim credits for expenses paid on the home if there is an agreement to that effect or the court determines the credits are equitable.
Posted by Nydia Streets of Streets Law in Florida Alimony
Modifying permanent alimony in Florida requires a showing of a substantial change in circumstances, among other proof. The party requesting modification has the high burden of showing that circumstances have changed beyond their control. This was an issue in the case Branham v. Branham, 5D22-320 (Fla. 5th DCA December 2, 2022).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Attorney’s fees awarded pursuant to Florida Statute 57.105 in a family law case are usually awarded due to frivolous litigation. This means the court determined a party pursued litigation that he or she knew was baseless, false, and/or not supported by the law. If a 57.105 motion is granted against that party, he or she can be ordered to pay the other party’s attorney’s fees and costs for having to defend against the litigation.
Posted by Nydia Streets of Streets Law in South Florida Family Events
This weekend, relax to jazz, celebrate Chinese New Year and encounter dinosaurs with our family fun guide!
Posted by Nydia Streets of Streets Law in Florida child custody
When a parent undermines the other parent’s attempts to meaningfully co-parent or make important decisions about a child’s welfare, a motion for contempt or enforcement may be appropriate. However, a petition for modification of a parenting plan may also be proper. This was an issue in the case Matheson v. Matheson, 2D21-1780 (Fla. 2d DCA December 7, 2022).
Posted by Nydia Streets of Streets Law in Florida Prenuptial Agreements
When it is time to enforce a Florida prenuptial agreement, both spouses should feel confident that what they agreed to when they married will be honored when they divorce. Sometimes, however, when divorce happens, spouses do not always agree on how words in the agreement are interpreted, leading to expensive litigation. This is why it is important to have an agreement that has straightforward, clear terms. Interpretation of a prenuptial agreement was an issue in the case Shobola v. Shobola, 2D20-3657 (Fla. 2d DCA December 7, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
If a parent moves to another state after a Florida court makes a child custody determination, can jurisdiction over the case be transferred to the other state? The answer depends on many factors, but it is possible for another state to take jurisdiction over the case. This was an issue in Beehler v. Beehler, 1D19-1788 (Fla. 1st DCA December 2, 2022).
Posted by Nydia Streets of Streets Law in Holidays
"Keep feeling the need for being important. Keep feeling the need for being first. But I want you to be the first in love. I want you to be the first in moral excellence. I want you to be the first in generosity.” - Martin Luther King, Jr.
Posted by Nydia Streets of Streets Law in South Florida Family Events
This holiday weekend, you can catch a laser show, be all about flamingos, and more! Check out our family fun guide for events near you.
Posted by Nydia Streets of Streets Law in Florida Alimony
When a party seeks to modify alimony, circumstances must be different from when the alimony was first awarded. The change must be unanticipated and substantial. What if an alimony recipient gains new credentials or employment? Is this enough to warrant a modification of alimony? This was an issue in the case Girard v. Girard, 4D21-2618 (Fla. 4th DCA November 30, 2022).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can a party file a motion to disqualify the other party’s lawyer in a Florida family law case? This is possible when there are valid grounds to do so. For example, if the opposing lawyer previously represented both parties, this may be a reason to disqualify the lawyer from representation. Disqualification was an issue in the case Levy v. Levy, 3D22- 427 (Fla. 3d DCA November 30, 2022).
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.
