Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent moves out-of-state with a child after Florida has made an initial child custody determination, can the other state assume jurisdiction over the child for purposes of entering further orders concerning child custody? The answer depends on factors listed in chapter 61.515 of the Florida Statutes. This was an issue in the case Litsch v. Litsch, 5D22-2632 (Fla. 5th DCA October 13, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When an unwed father and mother disagree on child custody, and there is no court order concerning a time-sharing arrangement, who has superior custody rights? Prior to July 1, 2023, the Florida Statutes granted an unwed mother of a child born outside of wedlock superior custody rights. However, a change in the law recognizes the parental rights of a man who has established paternity under Florida law. This was an issue in the case McClam v. Carrier, 4D2023-0787 (Fla. 4th DCA October 18, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Child custody rights can be affected by a Florida domestic violence injunction. When a domestic violence injunction is entered on behalf of a child, the parent against whom the injunction was entered may have limited or no contact with the child. What does it take to dissolve this injunction? This was an issue in the case Sheermohamed v. Tozzi, 4D2022-2792 (Fla. 4th DCA October 18, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
What is a child support guidelines worksheet in Florida? This is a document which shows how child support was calculated in a case, including the parties’ net incomes, daycare expenses, health insurance expenses for the children and time-sharing percentage splits. This worksheet is required to be filed in a Florida family law case involving the establishment or modification of child support. This was an issue in the case Nepola v. Nepola, 4D2021-3316 (Fla. 4th DCA October 18, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When an appeal is filed in a Florida family law case, the trial court may have limited jurisdiction to proceed with making further rulings in the case. How do we determine what matters the trial court can rule on while an appeal is pending? This was an issue in the case Saenz v. Sanchez, 3D23-1402 (Fla. 3d DCA October 18, 2023).
Posted by Nydia Streets of Streets Law in Florida Alimony
When a former spouse who is ordered to pay alimony suspects that the other former spouse is cohabitating, this may be grounds to modify Florida alimony. A four-step analysis is required by the court in determining if alimony should be reduced or terminated on this ground. This was an issue in the case Spector v. Spector, 3D22-1400 (Fla. 3d DCA October 11, 2023).
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).
