Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What can I do if I do not agree with the recommended order of the general magistrate in my family law case? This is a question asked by many who have had their case heard by a magistrate and are wondering what to do if the findings contained in the recommended order are inaccurate. This was an issue in the case Gatchell v. Kryvosheia, 5D22-2010 (Fla. 5th DCA September 1, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Grandparents can seek temporary custody of their grandchildren in Florida under certain conditions. According to the Florida Statutes, the following can seek temporary custody of a child: “(a) Any extended family member who has the signed, notarized consent of the child’s legal parents; or (b) Any extended family member who is caring full time for the child in the role of a substitute parent and with whom the child is presently living.” Fla. Stat. 751.02. This was an issue in the case Green v. Farmer, 4D22-2837 (Fla. 4th DCA August 30, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is the deadline to file a motion requesting reimbursement of costs in a Florida family law case? In a recent appellate case, the decision by the trial court to apply a “reasonable time” standard in deciding if a motion to tax costs was timely was reviewed. The case is Mollerstrom v. Zambrana, 4D22-2670 (Fla. 4th DCA August 30, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can a Florida family law judgment make a payment owed from one party to the other non-dischargeable in bankruptcy? For example, if a court orders that one party pay the other party’s attorney’s fees, can the court order that this payment be non-dischargeable? This was an issue in the case Polo v. Martinez, 3D23-249 (Fla. 3d DCA August 30, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a Florida family law order is appealed, the issue being appealed is generally removed from the jurisdiction of the trial court. This means the trial court cannot make decisions related to the issue until the appellate court rules otherwise. This was an issue in the case Stivelman v. Stivelman, 3D22-2216 (Fla. 3d DCA August 30, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
When a parent requests modification of child support, should the children’s actual needs be considered? If a parent defends against a modification by alleging the children’s financial needs are met and have not increased, this could be considered, but the court must also consider the basis for modification pled by the parent asking for the support amount to be changed. This was an issue in the case Harrington v. Kemp, 2D22-1257 (Fla. 2d DCA August 25, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
When modifying a Florida child support order, there has to be a showing of a substantial change in circumstances. The net incomes of the parents is the focus in determining child support guidelines. This was an issue in the case Dunson v. Dunson, 5D22-2607 (Fla. 5th DCA August 19, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
An administrative child support hearing is governed by Chapter 120 of the Florida Statutes. Specifically, Chapter 120.57 contains procedures related to hearings involving disputed issues of fact. This was an issue in the case Adderly v. DOR, 4D23-1118 (Fla. 4th DCA August 23, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Deadlines for appealing your Florida family law case are generally strict and must be followed to avoid dismissal of your case. This was an issue in the case Vakulovska v. Vakulovskyi, 3D23-1354 (Fla. 3d DCA August 23, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What is a psychological parent in the context of a Florida family law case? This is a person who acts as a parent to a child (the child may even refer to this person as a parent) but the person is not actually a legal parent of the child. This is common in the case of stepparents or other relatives who may step into the role of a parent for a child. Florida generally does not recognize any rights for psychological parents. So if a legal parent objects to the psychological parent being involved in a child’s life, it is very likely that the psychological parent will not be granted any rights to the child. This was an issue in the case Quiceno v. Bedier, 3D23-203 (Fla. 3d DCA August 23, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
How long does a parent have to enforce child support arrears owed? Child support arrears are considered vested property rights which are not subject to modification. But if a parent waits too long to enforce payment of arrears, he or she may run into the defense of laches. This was an issue in the case Holley v. Erwin-Jenkins, 2D22-2561 (Fla. 2d DCA August 23, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Are a judge’s contempt powers limitless in a Florida family law case? The short answer is no. As cited in a recent appellate opinion, “[p]unishment for contempt of court is allowed to be imposed, not to satisfy an offended judge, but to vindicate the authority and dignity of the judicial office; and the penalty should have reference to the nature and enormity of the act complained of and to the wrong done to the court.” Hason v. Hason, 2D22-1396 (Fla. 2d DCA August 18, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a motion to disqualify a judge is filed, the judge reviews the motion and has a deadline by which to rule on the motion before it is automatically granted. If the judge issues a timely order on the motion, the order must meet certain requirements set forth in rules of procedure. This was an issue in the case Jada v. Harrison, 5D23-535 (Fla. 5th DCA August 11, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
Are medical records required to be disclosed to the other party in a Florida divorce case? The answer depends on what is at issue in the case. If a party, for example, claims he or she has medical conditions which prevent employment, the medical records are relevant to prove this, and thus may be discoverable. This was an issue in the case Hakim v. Hakim, 3D23-862 (Fla. 3d DCA August 16, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
Are disability benefits from a federal retirement account a marital asset subject to equitable distribution in a Florida divorce? This was a question in the case Crocker v. Crocker, 5D23-103 (Fla. 5th DCA July 21, 2023).
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).
