Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Child Support
Can child support ordered in another state be modified in Florida? Yes, under certain conditions. Modification in Florida can occur if there is a substantial change in circumstances, and there is personal jurisdiction over the party against whom modification is sought. Modification of an out-of-state child support order was an issue in the case Varchetti v. Varchetti, 4D22-438 (Fla. 4th DCA January 18, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
Are parents required to pay college tuition in Florida as part of child support? The general answer is no, but there are exceptions. For example, if parties agree in a marital settlement agreement to pay college expenses, this is an enforceable contract. The interpretation of a provision in an agreement requiring payment for college expenses was an issue in the case Fendrich v. Fendrich, 4D21-3324 (Fla. 4th DCA January 18, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Modifications to a parent’s time-sharing in Florida generally cannot be done without notice to the parent. This means a motion and an opportunity to be heard. Sometimes courts schedule case management conferences which are hearings at which the court determines the status of the case, and the next steps. These are not usually noticed as evidentiary hearings, so when substantive action is taken in a case at these types of hearings, there are due process concerns. This was an issue in the case Nomura v. Hata, 3D22-1731 (Fla. 3d DCA January 18, 2023).
Posted by Nydia Streets of Streets Law in South Florida Family Events
Music, art and dancing are on the horizon this weekend with our family fun guide!
Posted by Nydia Streets of Streets Law in Florida Name Change
How difficult is it to get your named legally changed in Florida? As long as a person changing their name is not committing fraud or trying to evade creditors, a court is likely to grant a request for a name change. When a name change is denied, the court must make appropriate findings in the final judgment detailing why it was denied.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Generally, a Florida parenting plan cannot have provisions which provide for automatic modification of a parenting plan in the future. This is because the court cannot assess the future best interest of the child. However, the recent case N.B. v. R.V. 2D22-195 (Fla. 2d DCA January 18, 2023) discusses an exception to this rule.
Posted by Nydia Streets of Streets Law in Florida Child Support
What defenses are available to a petition to modify child support? Certain defenses must be made in writing, which are called affirmative defenses. Failure to assert affirmative defenses in writing usually means they are waived. This was an issue in the case R.B. v. B.T., 2D21-747 (Fla. 2d DCA January 13, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
Is a specific pleading needed for an award of attorney’s fees in a Florida divorce? Generally, as long as a party is on notice that he or she may be required to pay attorney’s fees, specific language may not be required. This was an issue in the case McArdle v. McArdle, 4D22-346 (Fla. 4th DCA January 11, 2023).
Posted by Nydia Streets of Streets Law in South Florida Family Events
In addition to your Superbowl watch party, there is fun to be had with our South Florida Family Fun Guide this weekend!
Posted by Nydia Streets of Streets Law in Florida Child Custody
What is a social investigation in a Florida child custody case? According to the Florida Statutes, “In any action where the parenting plan is at issue because the parents are unable to agree, the court may order a social investigation and study concerning all pertinent details relating to the child and each parent when such an investigation has not been done and the study therefrom provided to the court by the parties or when the court determines that the investigation and study that have been done are insufficient. [. . .] A social investigation and study, when ordered by the court, shall be conducted by qualified staff of the court; a child-placing agency licensed pursuant to s. 409.175; a psychologist licensed pursuant to chapter 490; or a clinical social worker, marriage and family therapist, or mental health counselor licensed pursuant to chapter 491.” See Fla. Stat. Chp. 61.20.
Posted by Nydia Streets of Streets Law in Florida Child Support
Can child support be non-modifiable in Florida? For example, if the parents agree child support cannot be less than a certain amount, but one parent loses a job or another parent begins earning significant income, can the child support amount be changed despite the parents’ agreement to keep it at a certain amount? This was an issue in the case Funderburk v. Funderburk, 2D21-2421 (Fla. 2d DCA January 6, 2023).
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.
