Posted by Nydia Streets of Streets Law in Florida Domestic Violence
How recent must allegations of domestic violence be in Florida to support an injunction? In order to obtain an injunction, one element that must be proven is that the victim has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence. If the last act of domestic violence occurred over a year ago for example, the victim may have trouble proving reasonable case to believe imminent danger. This was an issue in the case Woods v. Woods, 5D22-825 (Fla. 5th DCA February 24, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
What constitutes a settlement offer versus an invitation to negotiate in a Florida family law case? Sometimes, lawyers will send offers of settlement to each other to try to resolve the case. When correspondence about these offers indicates it is “not an offer”, this may be an indication that it is only an invitation to negotiate. This was an issue in the case Vera v. Toledo, 3D22-0969 (Fla. 3d DCA March 1, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
A corporate entity is sometimes included as a party in a Florida divorce when a spouse has an ownership interest in the entity. This is because the rights of the corporation may be affected by the divorce proceedings. This was an issue in the case Maddox v. Maddox, 2D21-517 (Fla. 2d DCA February 24, 2023).
Posted by Nydia Streets of Streets Law in Florida Alimony
A general magistrate is a judicial officer who holds a hearing and enters a recommended order which is ratified by the judge unless either party objects to the recommended order. If there is an objection, the judge must hold a hearing to determine if the objection is valid. This was an issue in the case Edmonds v. Edmonds, 6D23-97 (Fla. 6th DCA February 17, 2023).
Posted by Nydia Streets of Streets Law in South Florida Family Events
Happy Easter weekend! Our family fun guide gives you options including moon viewing, chess and a fair.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can a parent be held in contempt of a Florida child custody order if there are conflicting orders concerning the exchange of the child? In order to be held in a contempt, the terms of the order at issue must be clear and concise in stating what a party can or cannot do. An unclear or contradicting order may be insufficient to hold a party in contempt. This was an issue in the case Varner v. Varner, 5D23-107 (Fla. 5th DCA February 17, 2023).
Posted by Nydia Streets of Streets Law in Florida Name Change
What happens if parents do not agree on a child’s last name in Florida? A parent can petition to change a minor child's name through a petition for name change or as part of another family law case such as a paternity or child custody matter. If a court fails to specify the last name of a child in its order, the Florida Statutes govern what should be done. This was an issue in the case Rios v. Arias, 4D22-2412 (Fla. 4th DCA February 22, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
What can I do if I am not happy with an administrative child support order entered in Florida? An administrative child support proceeding is handled via mail, but a party can request a hearing. If an order is ultimately entered which a party disputes, there is a process within the administrative rules that allows for appeal. This was an issue in the case Lawson v. DOR, 4D22-1797 (Fla. 4th DCA February 22, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
What happens if a party fails to appear at a hearing on a motion for contempt for failure to pay support? Can a party just send his/her attorney to the hearing? This depends on whether or not the party was ordered by the court to appear. This was an issue in the case Huerta v. Grajales, 4D22-796 (Fla. 4th DCA February 22, 2023).
Posted by Nydia Streets of Streets Law in South Florida Family Events
Welcome April with our weekend family fun guide! You can hunt for Easter eggs, enjoy poetry in pajamas, and more.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
How many times can a party ask to disqualify a judge from a Florida family law case? While there is no known limit, once one judge is disqualified, the standard for disqualifying the second judge is more stringent, and thus it may be more difficult to disqualify a successor judge. This was an issue in the case Delgado v. Miller, 3D22-1826 (Fla. 3d DCA February 22, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
A millionaire who is ordered to pay child support in Florida may not be subject to the same child support guidelines as cases in which parents earn less money. This is because Florida law states a child’s need is only one factor the court must consider in determining child support. A parent who is wealthy can afford a certain standard of living that the child should be able to share in, according to Florida law. This was an issue in the case A.G.W. v. C.L.C., 2D22-126 (Fla. 2d DCA February 17, 2023).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What is needed to extend a Florida domestic violence injunction? The person asking for extension has to show an objectively reasonable fear that he or she will become the victim of imminent violence in the future. Extension of an injunction was an issue in the case Quinn v. Calkins, 4D22-1318 (Fla. 4th DCA February 15, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
Distribution of cryptocurrency in a Florida divorce is becoming more common. Florida Statute 61.075 governs how assets and debts of the parties are divided when there is a divorce. In the case Coe v. Rautenberg, 4D22-510 (Fla. 4th DCA February 15, 2023) an issue arose when the trial court incorrectly distributed bitcoins between the parties after the former husband fell behind on his child support payments.
Posted by Nydia Streets of Streets Law in South Florida Family Events
The end of spring break doesn’t have to be unpleasant with our weekend family fun guide! Ice skating, a marshmallow drop and more are on the agenda.
Posted by Nydia Streets of Streets Law in Florida Divorce
When calculating income in a Florida divorce case, we look at the Florida Statutes to define what this means. Income is defined by Florida Statute Chp. 61.046(8) as “any form of payment to an individual, regardless of source, including, but not limited to: wages, salary, commissions and bonuses, compensation as an independent contractor, worker’s compensation, disability benefits, annuity and retirement benefits, pensions, dividends, interest, royalties, trusts, and any other payments, made by any person, private entity, federal or state government, or any unit of local government. United States Department of Veterans Affairs disability benefits and reemployment assistance or unemployment compensation, as defined in chapter 443, are excluded from this definition of income except for purposes of establishing an amount of support.”
Posted by Nydia Streets of Streets Law in Florida Divorce
What happens to marital funds in a college savings account established for a child when there is a divorce? While it is not required that parents pay college tuition for a child in Florida, a college savings account can be awarded to one parent in equitable distribution as a trustee of funds for the child. This was an issue in the case Aronoff v. Aronoff, 4D21-3305 (Fla. 4th DCA February 15, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
What is retroactive child support in a Florida family law case? This is support that a court awards dating back to the date the parties no longer lived together or no more than two years prior to the date a petition for support is filed. The court determines how much support should have been paid during this period and orders the party responsible for support to pay it going forward, in addition to any ongoing amount of child support. Retroactive support was an issue in the case McGill v. McGill, 2D22-443 (Fla. 2d DCA February 10, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is hearsay in a Florida family law case? The definition of hearsay is an out-of-court statement offered to prove the truth of the matter asserted. Basically, hearsay is a statement made outside of court. So if someone testifies “John told me last week…” what John said is hearsay. Hearsay is not allowed in a Florida family court hearing unless there is a valid hearsay exception listed in Florida Statute 90.803 or 90.804. Hearsay was an issue in the case Wells v. Wells, 2D21-3406 (Fla. 2d DCA February 15, 2023).
Posted by Nydia Streets of Streets Law in South Florida Family Events
To kick off spring break, take a look at our weekend family fun guide for story time and mermaids!
