Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Prenuptial Agreements
One key characteristic of a Florida prenuptial agreement is that it can resolve disputes in advance. For example, this agreement can decide how a home is divided between the parties at divorce. Enforcement of a prenuptial agreement was an issue in the case Dalmazzo v. Dalmazzo, 3D22-2072 (Fla. 3d DCA January 31, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Who pays the guardian ad litem’s fees in a Florida child custody case? A court may apportion responsibility for the guardian’s fees based on the financial standing of each party. Payment of these fees was an issue in the case Levy v. Levy, 3D22-1399 (Fla. 3d DCA January 31, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is a dismissal with prejudice in a Florida family law case? This means the case is dismissed and cannot be filed again. So the claims are forever barred. This is one of the harshest penalties in litigation, so it must be used sparingly and with specific considerations. This was an issue in the case Chesterson Capital, LLC v. Yancy, 2D22-3628 (Fla. 2d DCA January 19, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Support
In a Florida administrative child support proceeding, the parties usually submit evidence of income by mail and proceedings are handled without a court hearing. What happens if the evidence submitted is ignored? This was an issue in Perez v. DOR, 3D23-1820 (Fla. 3d DCA January 24, 2024).
Posted by Nydia Streets of Streets Law in Florida Alimony
When nominal alimony is awarded in a Florida divorce, the alimony recipient may wonder when it is time to petition for an increase in alimony. This was an issue in the case Cipollina v. Cipollina, 2D22-28 (Fla. 2d DCA January 19, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can a guardian ad litem in a Florida child custody case determine what the parenting plan will be? Guardians ad litem play an important role in helping a court understand what issues are present between parties and the best interest of a child. But the court cannot delegate its decision-making to the guardian. This was an issue in Merlihan v. Skinner, 4D2022-2079 (Fla. 4th DCA March 13, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Both parties to a Florida family law proceeding should have the same opportunity to present their cases. When one party is given the right to present evidence, but the other is not, this may result in a due process violation. This was an issue in the case Pino v. Pino, 4D2022-3258 (Fla. 4th DCA March 6, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What happens when you appeal a Florida family law case that was resolved in your favor? This was an issue in the case Kilcrease v. Brown, 1D2022-3620 (Fla. 1st DCA March 6, 2024)
Posted by Nydia Streets of Streets Law in Florida Divorce
When parties are planning to divorce in Florida, they may wonder what rights they have to withdraw money from joint bank accounts. Parties may be concerned that a court can “punish” them for removing funds from an account or that if they do not remove the funds, the other spouse will remove them. How a court treated a spouse’s withdrawal of funds was an issue in Haslauer v. Haslauer, 1D2022-0191 (Fla. 1st DCA March 6, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Florida law generally recognizes the right of parents to raise their children without interference from third parties. This is why grandparent visitation rights in Florida are limited. Florida Statute Chp. 752 discusses limited circumstances in which a grandparent may seek visitation with children. Another route by which a grandparent may maintain visitation with a child in Florida is via enforcement of a court order entered in another state that has broader grandparent visitation rights. This was an issue Mattingly v. Hatfield, 1D2022-0039 (Fla. 1st DCA February 28, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
What findings are required in a Florida divorce judgment concerning equitable distribution? According to Florida Statute Chp. 61.075,
In any contested dissolution action wherein a stipulation and agreement has not been entered and filed, any distribution of marital assets or marital liabilities shall be supported by factual findings in the judgment or order based on competent substantial evidence with reference to the factors enumerated in subsection (1). The distribution of all marital assets and marital liabilities, whether equal or unequal, shall include specific written findings of fact as to the following:
(a) Clear identification of nonmarital assets and ownership interests;
(b) Identification of marital assets, including the individual valuation of significant assets, and designation of which spouse shall be entitled to each asset;
(c) Identification of the marital liabilities and designation of which spouse shall be responsible for each liability;
(d) Any other findings necessary to advise the parties or the reviewing court of the trial court’s rationale for the distribution of marital assets and allocation of liabilities.
Fla. Stat. 61.075(3).
Posted by Nydia Streets of Streets Law in Florida Divorce
Equitable distribution in a Florida divorce can be related to an alimony award. For example, a court might award marital property to one spouse in full as lump sum alimony. The court must also take into account what is awarded in equitable distribution before an alimony amount is awarded. This was an issue in the case Garcia v. Ruiz Moreno, 4D2023-0938 (Fla. 4th DCA February 14, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Usually, when a parent wants to change a Florida parenting plan, the parent must show there has been a substantial and material change in circumstances. When is this showing not required? This was an issue in the case Perseo v. Donofrio, 4D2022-2706 (Fla. 4th DCA February 7, 2024).
Posted by Nydia Streets of Streets Law in Florida Alimony
What is temporary alimony in Florida? This is alimony awarded while a divorce case is pending, meaning before a final judgment of divorce is entered. Sometimes a temporary alimony award is needed to maintain the status quo so that a spouse who needs financial support is not waiting until trial (which could be several months away) before he or she can receive money for living expenses. Temporary support was an issue in the case Adams v. Cunningham, 4D2023-0572 (Fla. 4th DCA January 24, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
If a parent wants to relocate while a Florida child custody case is pending, this usually requires the parent to amend pleadings to assert a claim for relocation. If the parent relocates before the relocation claim is decided, and the court ultimately denies the request for relocation, can the parent pivot to requesting a long-distance parenting plan instead that, for example, gives that parent timesharing during school breaks? This was an issue in the case Ward v. Waters, 3D23-178 (Fla. 3d DCA January 3, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Amounts awarded to an attorney under a charging lien in a Florida divorce case are independent of amounts awarded from one spouse to the other by the court. This distinction was highlighted in the case Morales v. Morales, 3D23-0094 (Fla. 3d DCA January 3, 2024).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
While a stalking injunction in Florida can prohibit a person from contacting or going near another person. it has its limits as far as the First Amendment is concerned. When a stalking injunction limits what a person can post about another person, this may infringe on the poster’s right to free speech. This was an issue in the case Budlove v. Johnson, et. al., 2D22-1549 (Fla, 2d DCA December 29, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
When calculating retroactive support in Florida, if a parent wants to impute income to the other parent, the same rules apply for imputation that apply when calculating ongoing support: The party seeking imputation must show “a. The unemployment or underemployment is voluntary; and b. Identifies the amount and source of the imputed income, through evidence of income from available employment for which the party is suitably qualified by education, experience, current licensure, or geographic location, . .“ § 61.30(2)(b)1., Fla. Stat. (2022).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can a party amend pleadings in a Florida family law case? Sometimes, circumstances change after a petition has been filed, or a party changes his or her mind as to what relief he or she wants to ask for from the court. Florida law favors resolution of cases on the merits so it leans in favor of allowing amendment of pleadings. This was an issue in the case Gerber v. Dubrowksi, 23-71 (Fla. 2d DCA December 27, 2023).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a Florida domestic violence injunction is entered, a court can restrict a party’s access to animals residing with the parties. According to the Florida Statutes, a court can award “to the petitioner the temporary exclusive care, possession, or control of an animal that is owned, possessed, harbored, kept, or held by the petitioner, the respondent, or a minor child residing in the residence or household of the petitioner or respondent. The court may order the respondent to temporarily have no contact with the animal and prohibit the respondent from taking, transferring, encumbering, concealing, harming, or otherwise disposing of the animal. This subparagraph does not apply to an animal owned primarily for a bona fide agricultural purpose, as defined under s. 193.461.” Fla. Stat. 741.30(5)(a)4. This was an issue in the case Kollman v. Caudill, 2D22-3442 (Fla. 2d DCA December 27, 2023).
