Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Divorce
The enhancement in value of non-marital property during a marriage may be a marital asset subject to equitable distribution in a Florida divorce. How do we determine if the increase in value of property is marital or non-marital? This was an issue in the case Strickland v. Strickland, 1D21-3894 (Fla. 1st DCA October 11, 2023).
Posted by Nydia Streets of Streets Law in Florida Prenuptial Agreements
How does a Florida prenuptial agreement affect a spouse’s estate after the spouse’s death? Florida prenuptial agreements often contain clauses which control how each spouse’s property and estate is divided at death. One issue is whether or not a spouse may serve as a personal representative of the other spouse’s estate. This was highlighted in the case Sant Angelo, et. al. v. Sant Angelo, 6D23-658 (Fla. 6th DCA September 22, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What makes a Florida family law order appealable? The Florida Rules of Appellate Procedure specify what types of orders are appealable. Orders generally fall into two categories for purposes of appeal: final and non-final. A final order means judicial labor is concluded and nothing remains to be done. A non-final order is the opposite. This was an issue in the case Obermark v. Obermark, 5D22-2479 (Fla. 5th DCA September 22, 2023).
Posted by Nydia Streets of Streets Law in Florida Alimony
Modification of alimony in Florida requires a showing of a substantial change in circumstances which was not contemplated at the time the support amount was established. The burden of proof on the party asking to modify alimony is considerable. So what is an example of a change in circumstances that qualifies? Today we discuss the case Allaire v. Allaire, 2D22-2804 (Fla. 2d DCA September 15, 2023).
Posted by Nydia Streets of Streets Law in South Florida Family Events
Find out what’s happening in your neighborhood in this Halloween edition of our South Florida family fun guide!**
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a default is entered against a party in a Florida family law case, this might mean the party against whom the default has been entered will not be able to challenge certain findings made against him or her. A default has the effect of making it so that the party against whom default has been entered admits all of the well-pled allegations of the opposing party’s petition. So, for example, if a husband states in his petition that the wife has the ability to pay alimony, if a default is entered against the wife, she admits that she has the ability to pay alimony. Entry of a default was an issue in the case City of Miami v. Marcos, 3D22-1444 (Fla. 3d DCA September 13, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What kind of schedule will the judge order for time-sharing in a Florida child custody case? The primary consideration when creating a time-sharing schedule is the best interest of the child. There is a presumption that equal time-sharing is in the best interest of a child. There are different versions of an equal time-sharing schedule, and if this is being considered in your case, you should consider how each version may affect your child. This was an issue in the case Stuart v. Lapete, 1D23-0213 (Fla. 1st DCA September 13, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When attorney’s fees are requested in a Florida family law case under Florida Statute 61.16, the primary consideration is need and ability to pay. According to that statute “The court may from time to time, after considering the financial resources of both parties, order a party to pay a reasonable amount for attorney’s fees, suit money, and the cost to the other party of maintaining or defending any proceeding under this chapter, including enforcement and modification proceedings and appeals.” This was an issue in the case Ali v. Khan, 6D23-1199 (Fla. 6th DCA September 1, 2023).
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).
