Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Divorce
Can a Florida divorce order a trust to be dissolved in order to effectuate equitable distribution? Sometimes, spouses place assets in trust for estate planning purposes. But if a divorce happens, the assets in the trust may be marital assets subject to a claim from both spouses. This was an issue in the case Hyatt v. Zimmerman, 4D22-896 (Fla. 4th DCA July 19, 2023).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Can a domestic violence injunction be denied on the basis that a criminal case is pending and therefore the criminal court is in a better position to address the issues raised in the petition? The Florida Statutes mandate that a hearing must be held when a properly filed domestic violence petition is pending. This was an issue in the case Doe v. Days, 1D22-3652 (Fla. 1st DCA July 19, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
If a party appeals a Florida family law order, but the case is later resolved by agreement before the appellate court has ruled, the party has a duty to inform the appellate court. This is likely so that judicial labor is not wasted. This was an issue in the case Carter v. Meadows, 1D22-1952 (Fla. 1st DCA July 19, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Relocation and modification of a Florida parenting plan are two distinct requests for relief. When relocation is sought, it is important that the issue of modification also be properly presented to the court. This was an issue in the case Ayala v. Vega, 4D22-1779 (Fla. 4th DCA July 12, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
Child support guidelines are an important part of a Florida paternity, child custody or support case. They provide the basis for the court to make its support determination, including the net incomes of the parents, any expenses related to health insurance and daycare, and more. The inclusion of correct guidelines was an issue in the case Harvey v. Hill, 1D22-2290 (Fla. 1st DCA July 5, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Florida law has changed as it relates to paternity beginning July 1, 2023. Now, unwed fathers have greater standing when it comes to asserting parental rights. Before, the mother of a child born out of wedlock was considered the natural guardian of the child and therefore entitled to full custody and control of the child until a court order was entered otherwise. Recent legislation changed this. The case Miller v. Gordon, 1D22-888 (Fla. 1st DCA July 5, 2023) was decided based on now inapplicable law, but it still makes an important distinction when it comes to determining a temporary parenting plan.
Posted by Nydia Streets of Streets Law in Florida Divorce
What type of temporary relief can a court award in a pending Florida divorce case? Some examples include alimony, child support and even early equitable distribution. A judge has broad discretionary authority when it comes to temporary relief, but this is not without limits. This was an issue in the case Williams v. Williams, 1D21-2454 (Fla. 1st DCA July 5, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
What is active appreciation, and how does it affect equitable distribution in a Florida divorce case? Active appreciation is an increase in value of an asset due to the efforts of a spouse. An example of this would be a stock account - while the stock account may be non-marital, if a spouse actively trades on the account or makes more than ministerial effort to increase the value of the account, the increase in value of the account might be considered active appreciation which is subject to distribution between divorcing spouses. This was an issue in the case Naranjo v. Ochoa, 4D21-3084 (Fla. 4th DCA July 5, 2023).
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).
