Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Child Support
What can be done if a parent disagrees with a Florida administrative child support order? Depending on what stage the proceeding is in, there may be a few options. This was an issue in the case Fernandez v. DOR, 3D24-158 (Fla. 3d DCA September 18, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What does dismissal without prejudice mean in a Florida family law case? This refers to the right of a litigant to re-file a case. For example, if a motion to dismiss is granted “without prejudice” it means the person who filed the dismissed petition can re-file it in the future. This may be appropriate where, for example, a petition is defective and needs to be corrected before the court can move forward on the petition. This was an issue in the case Pacin v. Granja, 3D23-2295 (Fla. 3d DCA September 18, 2024).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Appealing a Florida family law judgment requires more than just disliking the trial court’s decision - there has to be a legal basis for the appeal, such as the trial court failing to follow the law. As discussed in Zayon v. Valme, 3D23-1559 (Fla. 3d DCA September 18, 2024), an appellate court is reluctant to disturb a trial court’s ruling.
Posted by Nydia Streets of Streets Law in Florida Divorce
In a Florida divorce case, there can be multiple issues regarding equitable distribution, including the chosen valuation date, dissipation and more. These were issues in the case Knott v. Knott, 6D2023-2519 (Fla. 6th DCA September 6, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can a party decline to produce certain records in a Florida family law case because of the Fifth Amendment privilege against self-incrimination? This was an issue in the case Fields v. Coletta, 3D24-1177 (Fla. 3d DCA September 11, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Florida appellate courts have issued several opinions which discuss the necessity of including a transcript when appealing a Florida family law case. A transcript of the hearing at which the disputed order was entered needs to be provided so that the appellate court can review the full spectrum of what occurred at the hearing to make the trial court reach its decision. This was an issue in the case Julia v. Ramos-Baez, 6D2023-1858 (Fla. 6th DCA August 23, 2024).
Posted by Nydia Streets of Streets Law in Florida Alimony
According to Florida Statute Chp. 61.08, “The court may award a combination of forms of alimony or forms of payment, including lump sum payments, to provide greater economic assistance in order to allow the obligee to achieve self-support.” A lump sum alimony payment may be desirable for both the payor and payee where it gets rid of the need for ongoing accounting of monthly payments. Lump sum alimony was an issue in the case Gutierrez v. Gutierrez, 3D23-1434 (Fla. 3d DCA August 28, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Florida’s constitution protects a homestead in that most creditors are not permitted to levy upon the homestead if a debt is owed. How does this homestead protection affect division of a marital home in a Florida divorce case? This was an issue in the case Toussaint v. Toussaint, 3D23-0812 (Fla. 3d DCA August 28, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
When imputing income to a parent who is underemployed or unemployed, what factors must a Florida child support court consider? This was an issue in the case Campbell v. Jara, 2D2023-1795 (Fla. 2d DCA August 23, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Support
Responding to a Florida administrative child support proceeding is important to preserve your rights. Administrative proceedings are handled without a hearing and usually notice of the proceeding is sent by mail. There are important deadlines to follow to ensure the appropriate child support amount is calculated. This was an issue in the case Chavez v. DOR, 3D24-0265 (Fla. 3d DCA August 21, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Due process in a Florida family law case refers to the right of each party to fully participate in the proceeding with notice and and opportunity to be heard. Due process is an important to ensure each party has a fair and meaningful opportunity to participate in the proceedings. This was an issue in the case Rodriguez v. Rodriguez, 3D23-1817 (Fla. 3d DCA August 21, 2024).
Posted by Nydia Streets of Streets Law in Florida Alimony
Can parties agree outside of court to modify alimony payments? The best practice, to avoid any disputes or confusion later, may be for the parties to modify an alimony obligation through the court and with an court order. However, agreements to modify alimony payments outside of court can be upheld. This was an issue in the case Fernandez v. Kivimaki, 2D2023-1129 (Fla. 2d DCA August 21, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can a Florida court temporarily modify a child custody determination? Depending on the circumstances, a temporary order may be entered to protect a child. But if there is no emergency, a court may not be able to modify a child custody determination without a properly filed petition for modification. This was an issue in the case Radko v. Levi, 4D2024-0162 (Fla. 4th DCA September 4, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can a court award shared parental responsibility and ultimate decision-making authority at the same time? Shared parental responsibility means both parents must confer and jointly make decisions regarding their child. Ultimate decision-making authority means that although the parties must confer, only one parent ultimately makes the decision if they disagree. This was an issue in the case Johnson v. Johnson, 4D2023-3111 (Fla. 4th DCA September 4, 2024).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What is an involuntary dismissal in a Florida family law case? This is what happens when the court dismisses a petition, rather than the party him or her self voluntarily dismissing or withdrawing the case. For example, a party can seek an involuntary dismissal by arguing to the court that the other party has not shown that he or she would ultimately prevail if there was a full trial. This was an issue in the case Schulmann v. Schulmann, 4D2023-1206 (Fla. 4th DCA September 4, 2024).
Posted by Nydia Streets of Streets Law in Florida Alimony
When a modification of Florida alimony is sought, there are different considerations from those applied when alimony is originally ordered. Establishment of alimony is governed by Florida Statute 61.08 which modification of alimony is governed by Florida Statute 61.14. This was an issue in the case Beans v. Beans, 1D2021-3358 (Fla. 1st DCA September 18, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Normally, parents in Florida are not required to fund college education. A divorce judgment or child support order cannot, therefore, force a parent to promise to pay college tuition or expenses for a child. But parties are allowed to agree to do this. Enforcement of payments to a college savings plan was an issue in the case Shernoff v. Shernoff, 4D2023-1704 (Fla. 4th DCA August 28, 2024).
Posted by Nydia Streets of Streets Law in Florida Alimony
When a party wants to enforce an alimony judgment that was entered in another state, does Florida law apply to the matter or the law of the state where the alimony was established? In the case Lavinder v. Bryson, 1D2023-2022 (Fla. 1st DCA August 21, 2024), the trial court applied Alabama law in resolving a dispute between former spouses over alimony payments.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When considering appealing a Florida family law order, knowing the deadlines for appeal and filing of various motions is important. Failure to follow these strict deadlines may result in the dismissal of an appeal, even one that may have merit. This was an issue in the case Jamison v. Knox, 5D2024-0934 (Fla. 5th DCA August 9, 2024).
Posted by Nydia Streets of Streets Law in Florida Adoption
Generally, adoption records in Florida are sealed, meaning they cannot be viewed by the public. A petition can be filed to release information from the file, but certain requirements and steps must be filed. This was an issue in the case Janik v. In re: The Adoption of M.D.J., etc., 3D23-1680 (Fla. 3d DCA August 14, 2024.
