Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Attorney’s fees can be awarded to a spouse in a Florida divorce case based on the relative financial status of the spouses. The spouse who is the higher earner may be ordered to pay attorney’s fees for the lower-earning spouse. This was an issue in the case Feliz v. Negron-Chavez, 2D2023-1241 (Fla. 2d DCA August 9, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Can a final judgment of divorce in Florida reserve jurisdiction on further equitable distribution on some future date? This was an issue in the case Saxon v. Saxon, 2D2023-0117 (Fla. 2d DCA August 7, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
A spouse who pays all of the expenses on a marital home may feel he or she is entitled to all equity in the home. However, this may not be the case because of Florida equitable distribution laws. The case Bellegarde v. Bellegarde, 4D2023-3133 (Fla. 4th DCA August 7, 2024) sheds light on this issue.
Posted by Nydia Streets of Streets Law in Florida Divorce
Can a spouse remove funds from a joint bank account once spouses separate? This is a common issue where one spouse is afraid the other spouse will empty an account and leave nothing in the account. This was an issue in the case Molina v. Molina, 4D2023-2629 (Fla. 4th DCA August 7, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
If a party to a divorce is being assisted by a relative in paying for living expenses and/or attorney’s fees, does this mean that party would not be entitled to an award of temporary alimony and/or attorney’s fees? This was an issue in the case Zalkin v. Zalkin, 4D2023-2245 (Fla. 4th DCA August 7, 2024).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
In Florida, “[t]o establish a showing of ‘stalking’ under the statutes, a petitioner must show evidence of ‘repeated acts’ of ‘following, harassment, or cyberstalking.’” Hoover v. Peak, 1D2023-2529 (Fla. 1st DCA August 7, 2024) (internal citations omitted). This recent appellate case analyzes a stalking injunction entered against a father who was attending his daughter’s school orientation.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Inconsistencies in a Florida family law final judgment can leave the parties in a place of uncertainty. This is why it may be important to address inconsistencies through appropriate filings with the court, especially as it relates to the best interest of children. This was an issue in the case Dowers v. Johnson, 4D2024-0493 (Fla. 4th DCA July 31, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can a parent be held in contempt for attending a child’s extracurricular activities on days that the parent does not have time-sharing? The answer depends on what the parenting plan says. Most parenting plans do not prohibit a parent from doing this. This was an issue in the case Izard v. Bois, 4D2023-2502 (Fla. 4th DCA July 31, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Inconsistencies in a Florida family law order are subject to reversal by an appellate court. In the case Landero v. Landero, 2d2023-2014 (Fla. 2d DCA July 19, 2024), there were errors concerning the child support calculation and the time-sharing schedule.
Posted by Nydia Streets of Streets Law in Florida Same-Sex Family Law
Same-sex couples might decide to use assisted reproductive technology to have children. Florida law is unfortunately not clear on the rights of both parents in this situation, even when the parents are married. A recent appellate case certifies conflict with another case concerning the legal status of those who use artificial insemination or similar methods to bear children: Rivera v. Salas, 2D2022-4066 (Fla. 2d DCA July 19, 2024).
Posted by Nydia Streets of Streets Law in Florida Paternity
Once paternity of a child is established, there are limited circumstances under which paternity can be disestablished. Florida generally recognizes out-of-state orders establishing paternity. Disestablishment of paternity was an issue in the case Gragg-Rivera v. Gragg, 5D2023-1566 (Fla. 5th DCA July 12, 2024).
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).
