Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can I move with my children to a different county or state? This is a frequently asked question when parents separate in Florida. The answer depends on whether the parents are married, and whether court proceedings for custody or in progress or have already taken place. Relocation of children is governed by Florida Statute 61.13001.
Posted by Nydia Streets of Streets Law in Florida Divorce
How is a retirement account divided in a Florida divorce? Usually, the marital portion is divided, and this consists of the value of the account on the date of filing for divorce minus the value of the account as of the date of marriage. The value of the account as of the date of marriage is considered the separate, non-marital property of the spouse who owns the account. How about interest on the non-marital portion of the account? This was an issue in the case Balazic v. Balazic, 5D21-1804 (Fla. 5th DCA December 22, 2022).
Posted by Nydia Streets of Streets Law in South Florida Family Events
Enjoy food trucks, celebrate the start of Black History Month and go back in time with our weekend family fun guide!
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can the court require a parent to undergo a psychological evaluation in a Florida child custody case? Yes, if certain requirements are met. The parent’s mental condition must be in controversy and there must be good cause for the examination. A parent appealed the court’s order requiring him to undergo a psychological evaluation in the case Childs v. Cruz-Childs, 2D22-787 (Fla. 2d DCA December 28, 2022).
Posted by Nydia Streets of Streets Law in Florida Alimony
Calculating alimony in Florida is a process requiring consideration of multiple factors. The length of the marriage, the relative financial circumstances of the parties, and the ages and health of the parties are some of these factors. Alimony is governed by Fla. Stat. 61.08.
Posted by Nydia Streets of Streets Law in Florida Divorce
What can a Florida divorce court do if the value of an asset is unknown at the time equitable distribution is decided? With a pension, for example, the value of the account can be assigned or expressed as a percentage based on the years of marriage. This was an issue in the case Cupo v. Cupo, 4D22-64 (Fla. 4th DCA December 21, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When filing a petition for modification of a Florida parenting plan, a parent has to be careful to include all desired relief in his or her petition. This is because the court cannot grant relief that is not requested in the petition, as doing so would violate the due process rights of the other parent. This was an issue in the case Picard v. Picard, 2D21-3500 (Fla. 2d DCA December 21, 2022).
Posted by Nydia Streets of Streets Law in South Florida Family Events
This weekend is all about art in our South Florida weekend family fun guide!
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Jurisdiction over a Florida domestic violence case depends on where the parties reside and where the domestic violence occurred. Alleged violence could have occurred in another state, but if the alleged victim or the alleged abuser reside in Florida, a Florida court may still have jurisdiction over a domestic violence injunction case.
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).
