Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Prenuptial Agreements
A Florida prenuptial agreement can protect current and future assets if worded correctly. If parties entering a marriage want to ensure that their property remains separate, specific language must be included about this. Enforcement of the language of a prenuptial agreement was an issue in the case Johnston v. Johnston, 2D2021-1457 (Fla. 2d DCA July 10, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Once an appeal is filed in a Florida family law case, the trial court is prohibited from taking action on the issue appealed. For example, the trial court generally cannot enter an amended judgment if the original judgment is being appealed. This was an issue in the case Digiorgio v. Digiorgio, 5D2022-2406 (Fla. 5th DCA June 28, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
A marital settlement agreement in Florida will be enforced as written - a court is not free to rewrite the terms of a contract. This is why the wording used in contracts is important. This was an issue in the case Hurley v. Veon, 5D2021-2409 (Fla. 5th DCA June 28, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
In valuing a spouse’s goodwill in a business entity, there are multiple ways to approach the issue. Sometimes, future compensation is a consideration when a corporate interest is sold. This was an issue in the case Conde-Berrocal v. Conde, 5D2023-0449 (Fla. 5th DCA June 21, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
In Florida the personal goodwill of a spouse who runs a business is a non-marital asset which is not subject to equitable distribution. What about the collective personal good will of a multi-owned business? Would the goodwill of other members be considered in determining the value of the business that is to be awarded to a spouse in a divorce? This was an issue in the case Rosenberg v. Rosenberg, 5D2023-1079 (Fla. 5th DCA June 21, 2024).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
How important is it that a domestic violence injunction hearing be recorded? According to 741.30(6)(h), Florida Statutes (2023), “All proceedings under this subsection shall be recorded. Recording may be by electronic means as provided by the Rules of Judicial Administration.” This was an issue in the case Whalen v. Choquehuanca, 3D23-0518 (Fla. 3d June 26, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A temporary change in time-sharing can be ordered if there is an issue affecting the best interest of the children. At hearings regarding child custody issues, both parties must be given the opportunity to present evidence regarding the best interest of the children. This was an issue in the case Whitacre v. Ragan, 2D2023-1906 (Fla. 2d DCA June 21, 2024).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Notice of hearings on domestic violence injunctions in Florida are usually given approximately one to two weeks prior to the hearing date. This leaves little time for parties to rearrange schedules as necessary to appear at a hearing. What happens if a hearing goes forward even though one party files a motion for continuance? This was an issue in the case McPherson v. Samuel, 4D2023-2613 (Fla. 4th DCA July 24, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Support
When parents separate, reshuffling of finances may occur since the parties may live in two separate households. If a parent is using assets to pay living expenses, can this be considered income for purposes of calculating a child support obligation? This was an issue in the case Delosreyes v. Delosreyes, 4D2023-1324 (Fla. 4th DCA July 24, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
If the value of the marital home increases after a final judgment of divorce is entered, can the equitable distribution be reconsidered to grant either party more equity in the home? This was an issue in the case Griffin v. Griffin, 1D2022-3095 (Fla. 1st DCA July 24, 2024).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
If a party urges another party to self-harm, does this entitle the victim to a domestic violence injunction in Florida? In a case in which a husband was accused of urging his wife to harm herself by placing weapons within her reach and suggesting that she use them on herself, this was an issue. The case is Thomas v. Li, 4D2023-1437 (Fla. 4th DCA July 17, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
How does the entry of a default affect a Florida child custody case? A default can be entered when a party fails to respond to a petition on time, and can also be used as a sanction when a party is not following court orders. The usual consequence of a default is that the party against whom it has been entered admits the allegations in the petition. This was an issue in the case Mendez v. Mendez, 4D2024-0113 (Fla. 4th DCA July 10, 2024).
Posted by Nydia Streets of Streets Law in Florida Adoption
When a person seeks to adopt a child in Florida, part of the process involves terminating the rights of the legal parents. What must be shown to terminate the rights of a parent? This was an issue in the case D.C. v. In re: The Matter of the Adoption of N.L.W., 1D2023-1725 (Fla. 1st DCA July 10, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Support
Administrative child support proceedings in Florida have a specific procedure to follow. What happens if either party is not satisfied with the result of the proceeding? The answer depends on which party wants to challenge the result. This was an issue in the case White v. DOR, 1D2023-1210 (Fla. 1st DCA July 3, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Grandparent visitation in Florida is limited because Florida law recognizes the right of parents to raise their children without interference. However, if a grandparent is granted visitation rights in a state that permits such rights, Florida case law has consistently held that it will enforce out-of-state grandparent visitation orders under the Full Faith and Credit Clause of the United States Constitution. This was an issue in the case Mattingly v. Hatfield, 1D2022-0039 (Fla. 1st DCA July 3, 2024) which was reconsidered on rehearing.
Posted by Nydia Streets of Streets Law in Florida Divorce
Making sure you have a transcript of a hearing in your Florida divorce case can help protect you in the event there is an appeal. A transcript is usually required when there is an appeal filed, and failure to provide one may result in dismissal of an appeal. There are situations, however, where a transcript may not be required because an error is apparent on the face of the judgment. This was an issue in the case Jocelyn v. Jocelyn, 5D2023-1586 (Fla. 5th DCA June 14, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
What happens if there is a mistake in your Florida final judgment of divorce? It depends on if the mistake is mutual, meaning both parties agree and understand there was a mistake in the judgment. This was an issue in the case Ware v. Ware, 5D2023-0282 (Fla. 5th DCA June 14, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Florida law has consistently held that a court is not permitted to delegate its decision-making authority to third parties when it comes to child custody issues. This is because the court, and not other professionals, are charged with making decisions that affect the best interest of a child. This was an issue in the case Malley v. Malley, 4D2023-0332 (Fla. 4th DCA June 20, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
If a Florida parenting plan is silent as to the ability of either parent to relocate, can a parent relocate without following Florida law? This was an issue in the case Blatt v. Blatt, 3D23-2228 (Fla. 3d DCA June 12, 2023).
Posted by Nydia Streets of Streets Law in Holidays
We wish you and yours a happy 4th of July filled with fun, love and doing things you all love most.
