Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Is a judge required to grant a continuance in a Florida family law case? While a judge may not be required to grant a continuance, consideration has to be given to “(1) whether the request for continuance was dilatory or unforeseeable; (2) whether the denial created an injustice for the movant; and (3) whether the opposing party would have suffered prejudice or inconvenience.” Dussan v. Zoghbi, 3D21-2160 (Fla. 3d DCA April 5, 2023).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence Injunctions
What is required to dissolve a Florida domestic violence injunction? According to a recent appellate case, “A party who seeks to dissolve a domestic violence injunction bears the burden of showing ‘that there has been a change in circumstances since the injunction was entered’ such ‘that the scenario underlying the injunction no longer exists so that the continuation of the injunction would serve no valid purpose.’” Larios v. Larios, 3D21-2127 (Fla. 3d DCA April 5, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
When child support is calculated in Florida, net incomes are used to determine the support amount. Net income is determined by subtracting from gross income certain statutorily-mandated deductions such as taxes, health insurance premiums, mandatory union dues, and more. The calculation of net income was an issue in the case J.H.M. v. E.A.G., 2D20-2924 (Fla. 2d DCA April 5, 2023).
Posted by Nydia Streets of Streets Law in Florida Alimony
What is considered a supportive relationship in Florida for purposes of modifying or terminating alimony? In a recent appellate opinion, the court reviewed the trial court’s denial of a request to modify or terminate alimony in light of the petitioner’s allegations that the former wife was living in a jointly-owned home with her boyfriend of 14 years. The case is Proveaux v. Proveaux, 1D21-3410 (Fla. 1st DCA March 29, 2023).
Posted by Nydia Streets of Streets Law in South Florida Family Events
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Posted by Nydia Streets of Streets Law in Florida Divorce
What is a partition in a Florida divorce? This is a request to divide interest in property jointly owned by the divorcing couple. Can a partition or forced sale be ordered prior to a final judgment of divorce being entered? This was an issue in the case Blew v. Blew, 4D22-2127 (Fla. 4th DCA March 29, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A parenting coordinator can be appointed in a Florida family law case to assist parents with conflict resolution. The Florida Statutes provide: “The purpose of parenting coordination is to provide a child-focused alternative dispute resolution process whereby a parenting coordinator assists the parents in creating or implementing a parenting plan by facilitating the resolution of disputes between the parents by providing education, making recommendations, and, with the prior approval of the parents and the court, making limited decisions within the scope of the court’s order of referral.” See Fla. Stat. Chp. 61.125. This was an issue in the case Thorton v. WIldes, 4D22-0657 (Fla. 4th DCA March 22, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
There are strict deadlines for appealing a general magistrate’s ruling in a Florida family law case. The appeal is known as a motion to vacate a recommended order. Failure to timely file this motion may mean the recommended order remains valid. This was an issue in the case White v. Morris, 1D22-1597 (Fla. 1st DCA March 22, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
When a child support amount is agreed-upon, is there a higher burden than usual for a parent seeking to modify the amount? Some courts have used the “heavier burden” standard, reasoning that because the child support was agreed-to, the party seeking to change it has a higher burden than the law normally provides in proving that it should be changed. But other courts have reasoned that the regular substantial, involuntary change in circumstances standard applies. This was an issue in the case Mannella v. Mannella, 6D23-137 (Fla. 6th DCA March 10, 2023).
Posted by Nydia Streets of Streets Law in South Florida Family Events
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Posted by Nydia Streets of Streets Law in Florida Paternity
Does being on a birth certificate give a father any parenting rights in Florida? According to Florida Statutes, the mother of a child born outside of wedlock is considered the natural guardian of the child and is entitled to full care, custody and control of the child until a court order is entered stating otherwise. See Fla. Stat. 744.301(1). This was an issue in the case Moritz v. Stonecipher, 4D22-2999 (Fla. 4th DCA March 15, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a case is referred to a general magistrate versus a hearing officer in a Florida family law case, different procedures may apply when it comes to appealing the report or recommended order that results. This was an issue in the case Oliva v. Oliva, 3D22-745 (Fla. 3d DCA March 15, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What is shared parental responsibility in Florida? This refers to the right of each parent to make major decisions regarding their children, including what school they attend, what doctor they see, etc. When there is shared parental responsibility, it means both parents must agree on these issues before they are decided. This is different from sole or ultimate decision-making authority, which means one parent makes the decisions without regard to the other parent’s input or opinion. This was an issue in the case Rankin v. Lounsbury, 3D21-2472 (Fla. 3d DCA March 15, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is discovery in a Florida family law case? This refers to a process in which each party can request documents or other evidence to prove his or her side of the case. For example, in discovery, a party might request the other party’s bank statements, paystubs and tax returns to determine income for purposes of calculating alimony or child support. Is there a limit on discovery? This was an issue in the case Flynn v. Flynn, 2D22-1172 (Fla. 2d DCA March 10, 2023).
Posted by Nydia Streets of Streets Law in South Florida Family Events
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Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can a judge be disqualified from a Florida family law case for holding an evidentiary hearing without notice to one party? Depending on the circumstances, this may be enough to create a well-founded fear that a party will not receive a fair trial before the judge. This was an issue in the case Erren v. Marin, 4D22-2515 (Fla. 4th DCA March 8, 2023).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What happens if I do not appear at a domestic violence hearing in Florida? Depending on the circumstances, if the person who does not appear is the accused, he or she may have a domestic violence injunction entered against him or her. If the person who does not appear is the victim, the petition might be dismissed. There are circumstances, however, in which adverse action against the person who does not appear is improper. This was an issue in the case Spencer v. Kelner, 4D22-2276 (Fla. 4th DCA March 8, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
Filing your petition for divorce in Florida is the first step to getting the court to decide the issues in your case. Because the law requires that you give notice to the court and the opposing party about the issues that need to be decided, the wording of your petition is important. When you get to trial, it is also important that you let the court know about everything you are asking for, or you could be deemed to have waived your requests. This was an issue in the case Stephanos v. Stephanos, 4D21-2782 (Fla. 4th DCA March 8, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can a party’s failure to pay ordered attorney’s fees in a Florida family law case be addressed by a motion for contempt? This was an issue in the case Martinez v. Martinez, 3D22-177 (Fla. 3d DCA March 8, 2023).
Posted by Nydia Streets of Streets Law in South Florida Family Events
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