Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a Florida family law case is decided on appeal, the appellate court usually remands the case to the trial court with instructions on how to proceed in the case. The trial court is bound by those instructions. What can a party to the case do if the trial court fails to follow the instructions? This was an issue in the case Temple v. Melchione, 6D23-2180 (Fla. 6th DCA July 28, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
If a spouse re-marries, is the new spouse’s financial status relevant to a petition for modification of Florida child support? Since the new spouse has no legal duty to provide support to step-children, the new spouse’s financial information is normally irrelevant to a child support calculation. This was an issue in the case Gay v. Mann, 5D23-68 (Fla. 5th DCA July 28, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
If non-marital property is sold during the marriage, and the proceeds are used to buy other property, does the newly-bought property become marital as well? The answer depends on if the funds were commingled with marital funds and/or the spouse to whom the property originally belonged gifted the property to the other spouse. This was an issue in the case Rivera v. Rivera, 3D22-1914 (Fla. 3d DCA August 2, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
What date is used to value assets in a Florida divorce? According to the Florida Statutes, “The date for determining value of assets and the amount of liabilities identified or classified as marital is the date or dates as the judge determines is just and equitable under the circumstances. Different assets may be valued as of different dates, as, in the judge’s discretion, the circumstances require.” Fla. Stat. 61.075(7). This was an issue in the case Prince v. Honore, 4D22-1766 (Fla. 4th DCA August 9, 2023).
Posted by Nydia Streets of Streets Law in Florida Alimony
Florida alimony laws changed as of July 1, 2023. Most notably, permanent alimony is abolished and there are more defined guidelines as to how much alimony to award and for how long it is paid. Despite these changes, a requirement that remains is that the court makes findings concerning the alimony award. This was an issue in the case Weaver v. Weaver, 4D21-1996 (Fla. 4th DCA August 9, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What type of notice should be given to a party regarding a trial date in a Florida family law case? This question may be especially important if the party’s lawyer has withdrawn before a trial date. This was an issue in the case Chamberlain v. Degner, 1D22-3537 (Fla. 1st DCA August 2, 2023).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Can a Florida stalking injunction be used to stop discourteous neighbors from taking action which disturbs other neighbors? Unless the action fits the statutory definition of stalking, a domestic violence injunction petition is not the way to address these matters. This was an issue in the case Brennan v. Syfrett, 1D22-1286 (Fla. 1st DCA August 2, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party misses a trial in a Florida family law case, what relief can be granted if the failure to attend trial was the result of excusable neglect? This was an issue in the case Stephens v. Stephens, 1D22-733 (Fla. 1st DCA August 2, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a former spouse fails to pay an equalizing payment ordered or agreed-upon as part of equitable distribution, interest may be added to the principal amount owed. Does this interest accrue from the date of the judgment or the date the payment is due? What is the percentage rate of the interest to be paid? These were issues in the case Robertson v. Robertson, 4D22-1769 (Fla. 4th DCA August 2, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What does it mean when an issue is “tried by consent” in a Florida family law case? This means that although an issue was not brought up in a motion or pleading, the parties agreed for it to be determined at a hearing because they did not object when the issue was discussed at the hearing. Trial by consent was one matter covered in the case Nasef v. Eddy, 4D22-3046 (Fla. 4th DCA July 26, 2023).
Posted by Nydia Streets of Streets Law in Florida Alimony
Permanent alimony no longer exists in Florida, but the primary consideration of need and ability to pay remain the same. The spouse who is asking for alimony to be paid must show a need for it, and there must be a finding that the other spouse has the ability to pay alimony. This was an issue in the case Crouse v. Crouse, 4D22-2070 (Fla. 4th DCA July 26, 2023).
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).
