Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Divorce
If one spouse wants to keep the marital home but the other wants to sell it, what happens in a Florida divorce? If there are minor children involved and one spouse will maintain majority time-sharing with the children, this is a factor the court may consider in awarding exclusive use and possession of the home. This was an issue in the case Lowry v. Lowry, 5D22-2707 (Fla. 5th DCA March 1, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can financial help from relatives be considered income in a Florida family law case? If the help is regular and expected to continue, it can be considered income that is imputed to a party for purposes of determining alimony and child support. This was an issue in the case Levy v. Levy, 3D22-1980 (Fla. 3d DCA March 6, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party files a petition and requests attorney’s fees and costs based on the relative financial standing of the parties, is the request for fees dismissed if the petition is ultimately dismissed? This was an issue in the case Pimienta v. Rosenfeld, 3D22-1938 (Fla. 3d DCA February 28, 2024).
Posted by Nydia Streets of Streets Law in Florida Alimony
What happens when a court premises its ruling on a prior order which has been reversed by an appellate court? This was an issue in the case Kritzman v. Kritzman, 3D22-1418 (Fla. 3d DCA February 28, 2024). The parties’ marital settlement agreement obligated the former husband to pay permanent alimony to the former wife amounting to one-third of his annual income. The former wife filed a motion to enforce alleging the former husband had not paid. The former husband was eventually ordered to pay $2,000 per month toward his arrears and an equitable lien was placed on his retirement account to secure the arrearages.
Posted by Nydia Streets of Streets Law in Florida Divorce
Words are important in a Florida marital settlement agreement. It is important to capture the true intent of the parties in the language used because not doing so may have unintended consequences. This was an issue in the case Bartolotta v. Bartolotta, 2D23-645 (Fla. 2d DCA February 28, 2024).
Posted by Nydia Streets of Streets Law in Florida Alimony
What does it mean to suspend or abate a Florida alimony obligation? This means the payor is experiencing temporary hardship that affects his or her ability to pay such as the loss of employment or temporary disability. This issue must be properly brought before the court to be considered. This was an issue in the case Pappas v. Pappas, 2D22-1791 (Fla. 2d DCA February 23, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party in a Florida divorce proceeding takes action to disrupt the proceedings, consequences may include contempt proceedings. Contempt proceedings can lead to incarcerations, fines or other punishments. Careful steps must be followed depending on the type of contempt sought. This was an issue in the case Malek v. Malek, 3D22-1371 (Fla. 3d DCA February 9, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What happens if an attorney misses a scheduled hearing in a Florida family law case? One of the harshest sanctions that can be imposed is dismissal of a case. If the attorney can prove mistake, inadvertence, or excusable neglect, the case should not be dismissed. This was an issue in the case Little v. Turnbow, 5D23-2441 (Fla. 5th DCA February 9, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Records from a foreign bank account may be relevant to a Florida divorce case. Admitting these records into evidence requires that certain steps be taken. This was an issue in the caseVindel v. Stewart, 3D22-757 (Fla. 3d DCA February 7, 2024).
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).
