Posted by Nydia Streets of Streets Law in Florida Child Support
What is a delayed income withholding order in Florida? Parties can agree that child support may be paid directly from one parent to the other, rather than payments being processed through the state’s Central Depository. They can also agree that a delayed income withholding order is entered that specifies if a parent is ever late on making payment, the income withholding order will go into effect so that direct payments are cancelled and the Central Depository monitors payments. This was an issue in the case M.D. v. T.T., 2D22-2335 (Fla. 2d DCA July 21, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
When is it appropriate to deviate from the Florida child support guidelines? According to the Florida Statutes, a court can award a higher or lower amount of child support than indicated by the Florida child support guidelines, but if the amount exceeds a five percent difference, there must be written findings of why the guideline amount would be inappropriate or unjust under the circumstances. This was an issue in the case T.T.L. v. F.A.L., 2D22-1750 (Fla. 2d DCA July 26, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A parent who is shown to have anger and substance abuse issues may be limited to supervised visits with a child. Can a court order that parent to attend counseling, to refrain from consuming alcohol and/or to join Alcoholics Anonymous (AA)? This was an issue in the case Tucker v. Tucker, 5D23-208 (Fla. 5th DCA July 7, 2023).
Posted by Nydia Streets of Streets Law in Holidays
“There is more to life than making a living. Do not work more than you live.” -Mokokoma Mokhonoana
Posted by Nydia Streets of Streets Law in Florida Divorce
What factors does a court consider in awarding attorney’s fees in a Florida divorce? If the request for fees is based on financial disparity between the parties, the main factors are need and ability to pay. If the request is based on alleged wrongdoing by one party, there must be findings, for example, of unnecessary litigation. This was an issue in the case Ernfridsson v. Ward, 5D22-751 (Fla. 5th DCA July 7, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
A party who hides income or assets to avoid paying support or splitting assets in a Florida divorce may find themselves on the losing end of assets later. For example, someone who purchases property in the name of a third party to avoid legal obligations runs the risk that the property will ultimately belong to the third party despite proof of payment. This was an issue in the case Perry v. Turner, 2D22-119 (Fla. 2d DCA June 30, 2023).
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).
