Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is summary judgment in a Florida family law case? This is a judgment entered by the court when there is no issue of material fact. In other words, when the court finds that there is no genuine dispute regarding an issue in the case, the court will skip conducting a trial on the issue. The court will instead just enter a judgment on the issue. In a way, this is an expedited way of getting a final judgment. One example would be if the parties agree in a paternity case that the father is the biological and legal father of a child. Since the parties agree, there is no need to have a trial on this issue, so the court can enter summary judgment declaring the father to be the father. Can summary judgment be entered on appeal? This was an issue in the case Saenz v. Sanchez, 3D24-0862 (Fla. 3d DCA May 29, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Parties usually have 30 days to file a notice of appealing a Florida family law judgment. If a Florida family law final judgment is entered, and then an amended final judgment is later entered, does the time run from the original judgment or the amended judgment? This was an issue in the case A.B. v. DCF, 3D23-1790 (Fla. 3d DCA May 29, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What are the standards of proof or evidence in a Florida family law case? Some common standards are “clear and convincing” or “competent, substantial evidence”. One of these standards was defined in the case Harte-Weiner-Toledo v. Toledo, 3D23-0810 (Fla. 3d DCA May 29, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Imputing income to a party in a Florida divorce case requires specific findings to be made. Without these findings, a final judgment of divorce may be susceptible to reversal on appeal. This was an issue in the case Athea v. Athea, 3D22-519 (Fla. 3d DCA May 29, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Gross income cannot be used to determine a Florida alimony award. The court must look to the parties’ net incomes in assessing need and ability to pay alimony. This was an issue in the case Lopez v. Lopez, 4D2023-0726 (Fla. 4th DCA May 22, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
In a Florida divorce, equitable distribution is determined under Florida Statute 61.075. This statute provides guidelines for the classification of marital and non-marital assets and debts, among other guidance. Equitable distribution was an issue in the case MacPherson v. MacPherson, 6D23-373 (Fla. 6th DCA May 10, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What reasons can an attorney use to withdraw from representing a party in a Florida family law case? Bases for withdrawal are listed in Rule 4-1.16 of the Rules Regulating the Florida Bar. Usually, good cause must be shown, and this includes a failure of the client to pay for the lawyer’s services. Withdrawal of a lawyer was an issue in the case Elsawaf v. Eslawaf, 5D2023-0748 (Fla. 5th DCA May 10, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
A Florida divorce case can be dismissed if neither party takes action to move the case forward. If there has been no activity in the case for 10 months, the court or a party may issue a notice that the case will be dismissed for lack of prosecution if nothing is done to progress the case within the 60 days following service of the notice. This was an issue in the case Reed v. Reed, 4D2023-1898 (Fla. 4th DCA May 15, 2024).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Can old incidents support a Florida domestic violence injunction? If alleged incidents of violence are too remote in time, a Florida domestic violence injunction might not be entered. This was an issue in the case Padilla v. Pickett, 4D2023-0939 (Fla. 4th DCA May 15, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
If a spouse forges the other spouse’s signature on a tax return, can the spouse whose signature is forged avoid liability for back taxes owed on the forged return? This was an issue in the case Deasy v. Deasy, 4D2023-0317 (Fla. 4th DCA May 15, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Florida Rule of General Practice and Judicial Administration 2.330(e) sets forth the grounds for a motion to disqualify a judge in a Florida family law case. The rule states:
A motion to disqualify shall set forth all specific and material facts upon which the judge’s impartiality might reasonably be questioned, including but not limited to the following circumstances:
(1) the party reasonably fears that he or she will not receive a fair trial or hearing because of specifically described prejudice or bias of the judge; or
(2) the judge, the judge’s spouse or domestic partner, or a person within the third degree of relationship to either of them, or the spouse of domestic partner of such a person:
(A) has more than a de minimis economic interest in the subject matter in controversy or is a party to the proceeding, or an officer, director, or trustee of a party;
(B) is acting as a lawyer in the proceeding;
(C) has more than a de minimis interest that could be substantially affected by the proceeding; or
(D) is likely to be a material witness or expert in the proceeding.
(3) The judge served as a lawyer or was the lower court judge in the matter in controversy, or a lawyer with whom the judge previously practiced law served during such association as a lawyer concerning the matter; or
(4) The judge has prior personal knowledge of or bias regarding disputed evidentiary facts concerning the proceeding.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Parties in Florida family law cases can subpoena information from third parties who are not part of the case. For example, a party might send a subpoena to a bank to get information about the other party’s finances. Does the party subpoenaing information have to pay the third party for sending the documents? This was an issue in the case Youth and Family Alternatives, Inc. v. D.T., 2D2022-4168 (Fla. 2d DCA May 10, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Prior Florida case law has held that a parent achieving sobriety may not be enough to constitute a change in circumstances that permits modification of a parenting plan that restricts the parent’s time-sharing based on substance abuse. However, a recent case clarifies this standard.
Posted by Nydia Streets of Streets Law in Holidays
"How important it is for us to recognize and celebrate our heroes and she-roes." –Maya Angelou
Posted by Nydia Streets of Streets Law in Florida Child Support
Failure to attach child support guidelines to or to reference them in a Florida family law judgment may render the judgment voidable. This is because the guidelines are necessary for future reference in case the parties need to modify the child support amount, or someone challenges a judgment. This was an issue in the case Stellato v. Stellato, 4D2022-3080 (Fla. 4th DCA May 8, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Many Florida family law agreements such as prenuptial agreements, parenting plans, and marital settlement agreements contain clauses that have both parties waiving payment of attorney’s fees by the other party. Are these waivers enforceable? Some are not, and this was an issue in the case Bauman v. Agudelo, 3D23-1954 (Fla. 3d DCA May 8, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
When marital funds are used to pay down the mortgage on premarital real property, those funds may entitle the non-owning spouse to a credit in equitable distribution even if the property did not appreciate in value during the marriage. This was an issue in the case Escalona Socarras v. Bazan Vassallo, 3D23-1012 (Fla. 3d DCA May 1, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a Florida divorce case is pending, one spouse might remain in the jointly-owned marital home while the other spouse lives elsewhere. How does the court decide who is responsible for the mortgage or how a spouse is compensated for being excluded from occupying the residence? This is an issue briefly discussed in the case Charbonneau v. Charbonneau, 3D22-1507 (Fla. 3d DCA May 1, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Alimony and equitable distribution may be part of a Florida divorce case. Florida Statute Chp. 61.08 governs alimony awards, while Florida Statute Chp. 61.075 governs equitable distribution. Consideration of factors in these statutes is required when deciding these issues, Alimony and equitable distribution were issues in the case Duhamel v. Duhamel, 2D2022-4145 (Fla. 2d DCA April 26, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
A judge is required maintain impartiality in a Florida family law case. This includes giving advice to one side or the other about how to proceed in the case. This was an issue in Torres v. Orlick, 6D24-469 (Fla. 6th DCA April 19, 2024).
