Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party wants to remove a judge from presiding over a Florida family law proceeding, the party must file a motion for disqualification. “To be legally sufficient, a motion to disqualify must demonstrate some actual bias or prejudice so as to create a reasonable fear that a fair trial cannot be had.” Saenz v. Sanchez, 3D22-1688 (Fla. 3d DCA February 1, 2023) (internal citations omitted).
Posted by Nydia Streets of Streets Law in Florida Divorce
Can a lien be placed on property for unpaid alimony in a Florida divorce case? The answer depends on whether special circumstances exist for imposition of a lien. This was an issue in the case Kritzman v. Kritzman, 3D21-624 (Fla. 3d DCA February 1, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When someone is referred to as “pro se” in a Florida family law case it means that person is proceeding without a lawyer. That person is acting as his or her own lawyer. While not optimal, it is allowed, but the court can place limits on a pro se party who repeatedly violates rules or otherwise hinders the court’s ability to move the case forward.
Posted by Nydia Streets of Streets Law in South Florida Family Events
This weekend, enjoy an orchestra, a boat ride and a cultural festival with our event guide!
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
How recent must allegations be to support the entry of a Florida domestic violence injunction? There does not seem to be a definite answer to this question, but Florida case law indicates incidents that occur a year or more before the petition is filed may be too remote in time to support the entry of an injunction.
Posted by Nydia Streets of Streets Law in Florida Family Law
Do I need a court reporter for my Florida family law hearings? While a court reporter is not required in all hearings, it may be important to have one present to protect your ability to appeal. Without a transcript of the court proceedings, the appellate court is unable to review what happened at the hearing you are trying to appeal.
Posted by Nydia Streets of Streets Law in Florida Child Support
Sometimes, a parenting plan is not clear on what expenses should be shared between parents outside of child support. Florida parenting plans include a designation of who makes decisions regarding the children’s education and health. They also usually include a split of who will pay for services related to these matters. When a parenting plan says the parents will split financial responsibility for “educational” expenses, does this include tutoring programs outside of school curriculum? This was an issue in the case T.W. v. T.H., 2D21-1069 (Fla. 2d DCA January 20, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
“Am I allowed to represent myself in a Florida family law case?” This is a frequently asked question that many may have because they feel they cannot afford to pay a lawyer to represent them. The right to proceed without a lawyer in a Florida family law case is not absolute. That is, the court can prohibit a party from proceeding without a lawyer, and this was an issue in the case Clark v. Baney, 1D22-118 (Fla. 1st DCA January 25, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
Can a spouse be stopped from selling assets while a divorce case is pending? In most cases, yes. This is because there is an order in place in most Florida jurisdictions that mandates that parties must maintain the status quo. A spouse may be worried that assets are being disposed of, and there is relief that can be sought to prevent this. This was an issue in the case Lanigan v. Lanigan, 4D22-727 (Fla. 4th DCA January 18, 2023).
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).
