Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What is needed to extend a Florida domestic violence injunction? Once an injunction is entered, it is set to expire by a certain date. Victims of domestic violence may be fearful that an injunction will expire, and thus may wish to postpone the expiration date. This was an issue in the case Kaye v. Wilson, 2D22-2009 (Fla. 2d DCA June 23, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
When parties are married and then separate for several years before they file for divorce, during their period of separation, they may each be incurring debts which will be jointly owed. This is why it may be important to have a valid separation agreement, prenuptial agreement or post-nuptial agreement. The division of assets and debts after a six-year separation was an issue in the case Gayer v. Gayer, 6D23-17 (Fla. 6th DCA June 16, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Make-up timesharing can be awarded to a parent who successfully proves that the other parent wrongfully withheld time-sharing. This is authorized by the Florida Statutes in addition to other remedies. This was an issue in the case Eadie v. Gillis, 5D22-2732 (Fla. 5th DCA June 16, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Injunctive relief in a Florida family law case is most commonly granted in domestic violence cases. However, injunctive relief is also applicable to other matters. It is appropriate to ask for injunctive relief when a party wants someone else to stop doing something that will cause irreparable harm. An example of this type of injunctive relief and the requirements for it is examined in the case Pyrinova v. Doyle, 4D22-3307 (Fla. 4th DCA June 21, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When parties are ordered to submit their proposed final judgments to the court to sign, the court must still use independent judgment in deciding which order to sign. When a court adopts an order verbatim, it may indicate independent judgment did not occur. This was an issue in the case King v. King, 4D22-1493 (Fla. 4th DCA June 21, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
When it comes to imputing income to a parent who is alleged to be voluntarily unemployed or underemployed for purposes of calculating child support, the burden of proof is important. The parent alleging underemployment has the burden of proving it. This was an issue in the case Allison v. Allison, 2D21-3677 (Fla. 2d DCA June 21, 2023).
Posted by Nydia Streets of Streets Law in Florida Alimony
Is permanent alimony appropriate in a moderate term marriage in Florida? There is no presumption for or against permanent alimony currently as it relates to a moderate term marriage. It is worth noting that alimony laws may be changed by the legislature soon. Under current statutes, moderate term marriages are between 7 and 17 years, and permanent alimony can be awarded if appropriate based on clear and convincing evidence. This was an issue in the case Beauchamp v. Beauchamp, 6D23-478 (Fla. 6th DCA June 9, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Relocation cases are difficult to decide sometimes because moving a child from a primary residence can be disruptive. According to the Florida Statutes, “A presumption in favor of or against a request to relocate with the child does not arise if a parent or other person seeks to relocate and the move will materially affect the current schedule of contact, access, and time-sharing with the nonrelocating parent or other person.” Fla. Stat. 61.13001(7). Relocation was an issue in the case Pun v. Pun, 1D21-3575 (Fla. 1st DCA June 14, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
How is a pension divided in a Florida divorce case? The marital portion is that which was earned during the marriage. Usually a special order, such as a qualified domestic relations order is needed in addition to the final judgment of divorce to accomplish division of the pension. Distribution of a pension was an issue in the case Franxman v. Franxman, 1D21-3321 (Fla. 1st DCA June 14, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
Can my spouse be ordered to pay my attorney’s fees in a Florida divorce case? A court can order payment of attorney’s fees where there is a disparity in income combined with need and ability to pay. This is to even the playing field, so-to-speak, when it comes to divorce litigation. This was an issue in the case Gables v. Gables, 1D15-4951 (Fla. 1st DCA June 7, 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
Does a Florida trial court have to expressly reserve jurisdiction in its order to enforce its order? Usually, Florida family law judgments contain a provision that states the court reserves jurisdiction to enforce its order. If this provision is missing from the order, a party might argue the court loses jurisdiction to enforce in the future. This was an issue in the case Wisheart v. Wisheart, 5D22-3024 (Fla. 5th DCA June 2, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a marital settlement agreement provides that any modifications must be in writing and signed by the parties, this provision will usually be upheld despite any oral agreements subsequently reached by the parties. This was an issue in the case Duchateau v. Duchateau, 5D22-2609 (Fla. 5th DCA June 2, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a party disputes that an asset acquired during the marriage is marital or jointly-owned property, it is that party’s burden to prove the non-marital nature of the asset. Assets acquired during the marriage are otherwise presumed to be marital despite whose name is titled on the asset. This was an issue in the case Douglas v. Douglas, 4D22-1144 (Fla. 4th DCA June 7, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
Child support is calculated based on the Florida child support guidelines. This involves using the parents’ net incomes and considering factors such as the amount of time-sharing exercised by both parents, medical insurance, and daycare costs. An administrative child support order was at issue in the case Boggs v. DOR, 6D23-886 (Fla. 6th DCA May 26, 2023).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
If a party does not agree with a trial court’s findings in a Florida domestic violence case, can that party appeal? It depends on what issues are raised in an appeal. The fact that a party simply disagrees with a court’s credibility findings may not be enough. This was an issue in the case Pipher v. Pipher, 6D23-374 (Fla. 6th DCA May 26, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a hearing is held before a general magistrate in a Florida family law case, a recommended order is entered. If a party disagrees with the recommended order, that party may file a motion to vacate the recommended orders within a certain timeframe. This was an issue in the case Valcarcel v. Valcarcel, 4D22-3257 (Fla. 4th DCA May 31, 2023).
Posted by Nydia Streets of Streets Law in Florida Alimony
Do I qualify for an abatement of alimony? This is a question many may have when they run into financial difficulties due to loss of income or other issues. An abatement means a pause on the obligation. While the money will still eventually be owed, a party does not have to worry about being held in contempt during the period of abatement. This was an issue in the case Vuchinich v. Vuchinich, 2D20-3719 (Fla. 2d DCA May 26, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parenting plan is modified, there has to be a finding of a substantial, material and unanticipated change in circumstances. A finding must also be made that modification is in the best interest of the children. This was an issue in the case Davis v. Davis, 6D23-458 (Fla. 6th DCA May 19, 2023).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
In a domestic violence case, the court can consider a history of domestic violence in considering whether present allegations warrant the entry of an injunction. However, this is not without limits - a party defending against a domestic violence claim has to be put on notice via allegations contained in the petition that he or she will need to defend against specific claims. This was an issue in the case Blanco v. Santana, 6D23-305 (Fla. 6th DCA May 19, 2023).
