Posted by Nydia Streets of Streets Law in Florida Divorce
In Florida, an alimony award is based on need and ability to pay - the need of the spouse asking for alimony and the ability of the other spouse to pay it. There is no calculator for alimony like there is for child support in Florida. According to the Florida Statutes, “The award of alimony may not leave the payor with significantly less net income than the net income of the recipient unless there are written findings of exceptional circumstances.” Fla. Stat. 61.08(9). This was an issue in the case Tucker v. Tucker, 4D22-1891 (Fla. 4th DCA April 19, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
Can a spouse’s separate property become marital or jointly-owned property during the marriage? Florida law recognizes a concept known as donative intent which means a spouse shows intent to gift separate property to the other spouse. This was an issue in the case Bernstein v. Bernstein, 4D21-2480 (Fla. 4th DCA April 19, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Florida child custody orders are modifiable under certain circumstances. Sometimes emergencies arise which affect the best interest of the children involved in the case. This must be weighed with due process rights of both parents. This was an issue in the case Saenz v. Sanchez, 3D22-1476 (Fla. 3d DCA April 19, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
How long does a party have to challenge a final judgment based on a fraudulent financial affidavit? According to the Family Law Rules of Procedure, there is no time limit. A recent case, however, questions whether or not this rule allows a party to challenge a final judgment more than 10 years later and certifies this question to the Florida Supreme Court. The case is Mason v. Mason, 1D22-1871 (Fla. 1st DCA April 12, 2023).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence Injunctions
How many incidents of stalking must be proven to support a Florida stalking injunction? In the recent case of Klein v. Manville, 6D23-50 (Fla. 6th DCA April 6, 2023), the parties disagreed about the number and types of incidents that needed to be proven.
Posted by Nydia Streets of Streets Law in Florida Alimony
If a spouse claims he or she is disabled and unable to work either part-time or full-time, what type of evidence should be presented to support this claim? One form of evidence might be the testimony of a treating physician. This was an issue in the case Holland v. Holland, 5D23-36 (Fla. 5th DCA April 6, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
After a family law hearing, a judge may ask one or both sides to submit a proposed final judgment. When a judge signs a final judgment without making any changes, this may be an issue for appeal because there is an argument that the judge did not perform independent analysis. This was an issue in the case King v. Farah & Farah, P.A., 5D23-20 (Fla. 5th DCA April 12, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can an order of contempt be appealed in a Florida family law case? If the contempt order is entered pre-judgment, it is considered a non-final order which may only be appealed if it falls within the categories designated by the rules of appellate procedure as appealable non-final orders. The Fourth District Court of Appeal recently entered an opinion which recedes from prior case law on the issue of appealing non-final contempt orders. The opinion is Decius v. Decius, 4D22-3254 (Fla. 4th DCA April 12, 2023).
Posted by Nydia Streets of Streets Law in Holidays
“How important it is for us to recognize and celebrate our heroes and she-roes.” - Maya Angelou
Posted by Nydia Streets of Streets Law in South Florida Family Events
This weekend, celebrate the memory of those who served with our weekend family fun guide.**
Posted by Nydia Streets of Streets Law in Florida Divorce
If it is not possible to comply with the terms of a Florida final judgment of divorce, what can be done? For example, if an order requires a party to transfer assets which are subject to federal law, and the order contradicts how federal law requires a transfer to occur, what is a party to do to avoid contempt? This was an issue in the case Leger v. Leger, 4D22-1669 (Fla. 4th DCA April 12, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
Generally, the clear and unambiguous terms of a Florida marital settlement agreement will be enforced despite unfair terms. Courts are not free to re-write an agreement reached by the parties. In this way, marital settlement agreements are enforced much like other types of contracts in Florida. This was an issue in the case Rosen v. Rosen, 4D22-922 (Fla. 4th DCA April 12, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
The Florida child support guidelines are a starting point for the court to decide child support. Florida Statute Chp. 61.30 states how child support is calculated and what needs to be considered. This includes deductions from gross income that must be made in determining each parent’s net income. This was an issue in the case Velasco v. Solley, 4D22-2494 (Fla. 4th DCA April 5, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
What is a joint pretrial statement in a Florida family law case? This is a document jointly filed by the parties which contains their agreement regarding certain issues in the case, such as facts which are not in dispute and a listing of the issues for the court to decide at trial. A joint pretrial statement is binding on the court and the parties, so when action is taken that is contradictory to the statement, error might occur. This was an issue in the case Waite v. Milo-Waite, 4D22-423 (Fla. 4th DCA April 5, 2023).
Posted by Nydia Streets of Streets Law in South Florida Family Events
This weekend brings cooking, movies and fitness to family fun - check out our event guide!**
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
Need ideas for celebrating mom this weekend? We have you covered with our family fun guide.
