Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Child Custody
Shared responsibility is presumed to be in the best interest of a child under Florida law. This presumption can be overcome if a parent can prove that shared parental responsibility is detrimental to a child. This was an issue in the case Mooningham v. Mooningham, 5D22-1800 (Fla. 5th DCA April 28, 2023).
Posted by Nydia Streets of Streets Law in Florida Name Change
When parents agree that a child’s name should be changed, the process can be relatively easy. However, a recent appellate opinion indicates the parents must still show change is in the best interest of the child. A court’s decision to arbitrarily deny a request to change a minor’s name will be reviewed under an abuse of discretion standard - “Discretion … is abused when the judicial action is arbitrary, fanciful, or unreasonable, which is another way of saying that discretion is abused only where no reasonable [person] would take the view adopted by the trial court. If reasonable [persons] could differ as to the propriety of the action taken by the trial court, then it cannot be said that the trial court abused its discretion.” In Re: Name Change of Y.M.X., 4D22-2592 (Fla. 4th DCA May 3, 2023) (internal citations omitted).
Posted by Nydia Streets of Streets Law in Florida Divorce
In what division of the court should a post-judgment family law case be filed? When there are civil remedies available to a party as a result of a contract entered in a divorce, for example, a party might wish to file in the general civil division rather than the family division because there may be certain remedies available. However, if a party files in the wrong division, should the case be dismissed? This was an issue in the case Chickering v. Bawa, 4D22-2180 (Fla. 4th DCA May 3, 2023).
Posted by Nydia Streets of Streets Law in Holidays
“What I love about #Juneteenth is that even in that extended wait, we still find something to celebrate. Even though the story has never been tidy, and Black folks have had to march and fight for every inch of our freedom, our story is nonetheless one of progress.” — Michelle Obama
Posted by Nydia Streets of Streets Law in South Florida Family Events
Celebrate dad with our weekend family fun guide!**
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is a non-final order in a Florida family law case? According to Florida law, "The test for whether an order is final is whether further judicial labor is required or contemplated." Mallory v. Brinckerhoff, 312 So.3d 944 (Fla. 4th DCA 2021). So a non-final order is one which does not end all judicial labor, meaning there is more for the court to do in a case to resolve it. Examples of non-final orders are orders granting temporary alimony, temporary child support and a temporary parenting plan. The finality of an order is important in determining your right to appeal the order. This was an issue in the case Sanz v. Saenz, 3D23-549 (Fla. 3d DCA May 3, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What is a case management conference in a Florida family law case? This is a routine hearing at which the court determines the status of the case and the next steps for moving it forward. Unless all parties have been given proper notice, this type of hearing is not one at which the court can make substantive decisions about a case. This was an issue in the case Fulcher v. Allen, 6D23-957 (Fla. 6th DCA April 21, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
When one spouse is awarded the marital home in a Florida divorce, the court may require that spouse to refinance to remove the other spouse from the note and/or mortgage. How long does the spouse have to refinance? This was an issue in the case Viera v. Viera, 3D21-1459 (Fla. 3d DCA April 26, 2023).
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).
