Posted by Nydia Streets of Streets Law in Florida Domestic Violence
To obtain an injunction for protection against sexual violence in Florida, the statutes require specific steps to be taken by the petitioner. Those steps include reporting the sexual violence to a law enforcement agency and cooperating in any criminal proceeding against the respondent, “regardless of whether criminal charges based on the sexual violence have been filed, reduced, or dismissed by the state attorney”. § 784.046(2)(c), Fla. Stat. This was an issue in the case Kuschnitzky v. Marasco, 1D2022-1751 (Fla. 1st DCA November 29, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
An administrative child support order entered in Florida may be modified or superseded by a circuit court order. This means that if a parent involved in an administrative proceeding files a petition to supersede or modify the administrative order, the circuit court can order provisions that prospectively modify the order. However, can the circuit court order cancel the provisions of the administrative order? This was an issue in the case State of Florida v. Delva, 3D23-1036 (Fla. 3d DCA November 29, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can attorney’s fees be awarded in a Florida paternity case? Florida law does allow for attorney’s fees and costs to be paid in most family law cases, including paternity cases, based on the relative financial circumstances of the parties. A party who earns substantially more income than the other party might be ordered to pay the other party’s reasonable attorney’s fees and costs. This was an issue in the case Alarcon v. Dagen, 3D22-2027 (Fla. 3d DCA November 1, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Terminating a parent’s rights in Florida requires that the court make findings with clear and convincing evidence that “(1) [at least one statutory ground exists] for terminating parental rights set forth in Fla. Stat. Chp. 39.806(1); (2) termination is in the manifest best interest of the child; and (3) termination is the least restrictive means to protect the child from serious harm.” Molina v. Fuenmayor, 3D22-1756 (Fla. 3d DCA November 1, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
Can retroactive child support be awarded for a child who has reached the age of majority? A recent case analyzes this issue, taking into account the language of the Florida Statutes. The case is Dept. of Revenue v. E.P., 2D22-4083 (Fla. 2d DCA November 1, 2023).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
How much notice is sufficient for a domestic violence injunction hearing? Due process requires that each party be given fair and adequate notice to be heard before adverse action is taken against them. This was an issue in the case Garrison v. Williamson, 5D22-2695 (Fla. 5th DCA October 20, 2023).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
As it relates to stalking in Florida, section 784.048(1)(a) of the Florida Statutes defines the term "harass" as "to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose." What is considered substantial emotional distress? This was an issue in the case Potts v. Lewis, 2D22-1678 (Fla. 2d DCA October 25, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Does the same standard apply to a temporary custody order as it does to a final custody order when it comes to modifying the order? Judges usually have wider discretion with temporary relief orders because the orders are temporary and issues can be corrected in a final order. This was an issue in the case Saenz v. Sanchez, 3D23-1018 (Fla. 3d DCA November 15, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
How important is it to have a transcript of your Florida family law hearing? If you want to appeal the court’s decision, a transcript is usually required. Without it, the appellate court may decline to review the merits of your case. This was an issue in the case Scognamillo v. Scognamillo, 3D22-2054 (Fla. 3d DCA November 15, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Due process usually requires that all parties be on notice as to what will be considered at trial. Notice is typically given via the pleadings. If a party tries to request something at a hearing or trial that was not included in their pleadings, the other party can object. If the other party does not object, the issue may be tried by consent. This was discussed in the case Alarcon v. Dagen, 3D22-140 (Fla. 3d DCA November 8, 2023).
Posted by Nydia Streets of Streets Law in Holidays
Happy Thanksgiving to you and your family! Thank you so much for all of your support and for reading our blog. We hope you have a wonderful day filled with love, gratitude, and blessings.
Posted by Nydia Streets of Streets Law in Florida Prenuptial Agreements
When it is time to enforce a prenuptial agreement, the court will rely on the clear and unambiguous terms of the agreement in determining what is owed to either party. If the parties agree to resolve their disputes via arbitration in their prenuptial agreement, this may complicate how a divorce is finalized. This was an issue in the case Darling-Ill v. Ill, 4D2022-2433 (Fla. 4th DCA November 1, 2023).
Posted by Nydia Streets of Streets Law in Florida Alimony
Terminating alimony in Florida usually requires the filing of a petition for modification or termination. Many times, a hearing is not held for several months or more than a year after the date the petition is filed. If the court decides alimony should be modified or terminated, it will consider retroactive termination. Does the fact that the other parent owes child support arrears affect any alimony amount owed? These were issues in the case Suarez v. Suarez, 4D2022-0359 (Fla. 4th DCA November 1, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Modification of a Florida parenting plan requires the parent seeking modification to show “(1) circumstances have substantially and materially changed since the original time-sharing determination, (2) the change was not reasonably contemplated by the parties, and (3) the child’s best interests justify changing the time-sharing plan.” Lyles v. Guffey, 305 So. 3d 839, 840 (Fla. 1st DCA 2020) (citing Garcia v. Guiles, 254 So. 3d 637, 640 (Fla. 1st DCA 2018)). Modification of a parenting plan was an issue in the case Heath v. Lee, 1D2022-2963 (Fla. 1st DCA October 25, 2023).
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).
