Posted by Nydia Streets of Streets Law in Florida Child Support
Florida administrative child support cases are largely handled by mail, but either the custodial parent or the parent who is to pay support can request a hearing during the process, so long as requested by the deadlines imposed by the process. Failure to request a hearing or otherwise cooperate in the proceeding can result in the entry of a child support order with which a parent may not agree. This was an issue in the case Aguilar v. DOR, 6D2023-2846 (Fla. 6th DCA November 1, 2024).
Posted by Nydia Streets of Streets Law in Florida Alimony
When alimony is terminated by the request of a payor because of changed financial circumstances, a court can still award nominal alimony which provides for the possibility that the payor may be able to pay the alimony in the future. Nominal alimony is a small amount which keeps the alimony obligation active for future modification, but is a low or insignificant amount (ex: $1.00 per month). This was an issue in the case O’Brien v. O’Brien, D2023-2446 (Fla. 4th DCA November 6, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Attorney’s fees can be awarded in a Florida family law case based on financial disparities between the parties. If one party earns a lot more money than the other party, and has the ability to also pay fees for the other party, and the other party has a need for fees to be paid, the higher-earning party may be ordered to pay attorney’s fees. Florida Statute 61.16 allows the court to make this determination. This was an issue in the case Ospina-Shone v. Shone, 3D23-0917 (Fla. 3d DCA November 6, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Support
When a parent is alleged to be underemployed, for purposes of calculating child support, the parent can be imputed to a higher income. Imputation is a two-step analysis which requires the court to make findings about (1) whether the parent's underemployment was voluntary (absent a finding of fact by the court of physical or mental incapacity or other circumstances over which the parent has no control), and (2) if so, the calculation of imputed income (which involves analysis of the employment potential and probable earnings level of the parent shall be determined based upon his or her recent work history, occupational qualifications, and prevailing earnings level in the community if such information is available. A.A. v. M.A., 2D2023-0676 (Fla. 2d DCA November 1, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Florida due process rules require that both sides of a case be given a full and fair opportunity to be heard. So a court cannot usually make a decision in the case if only one party has presented his or her evidence and arguments. This was an issue in the case Domnin v. Domnina, 4D2023-0376 (Fla. 4th DCA October 30, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can I seal my Florida family law case? Florida Rule of General Practice and Judicial Administration 2.420 sets forth the conditions under which court records are determined to be confidential and therefore unviewable by the public. Florida court proceedings are generally presumed to be public records with few exceptions. Disclosure of records in a sealed Florida litigation case was an issue in the case Crouch v. Brumer, et. al., 3D24-0287 (Fla. 3d DCA October 30, 2024).
Posted by Nydia Streets of Streets Law in Florida Paternity
Florida Statute 742.10 provides the circumstances under which paternity can be established:
Except as provided in chapters 39 and 63, this chapter provides the primary jurisdiction and procedures for the determination of paternity for children born out of wedlock. If the establishment of paternity has been raised and determined within an adjudicatory hearing brought under the statutes governing inheritance, or dependency under workers’ compensation or similar compensation programs; if an affidavit acknowledging paternity or a stipulation of paternity is executed by both parties and filed with the clerk of the court; if an affidavit, a notarized voluntary acknowledgment of paternity, or a voluntary acknowledgment of paternity that is witnessed by two individuals and signed under penalty of perjury as provided for in s. 382.013 or s. 382.016 is executed by both parties; or if paternity is adjudicated by the Department of Revenue as provided in s. 409.256, such adjudication, affidavit, or acknowledgment constitutes the establishment of paternity for purposes of this chapter. If an adjudicatory proceeding was not held, a notarized voluntary acknowledgment of paternity or voluntary acknowledgment of paternity, which is witnessed by two individuals and signed under penalty of perjury as specified by s. 92.525(2), creates a rebuttable presumption, as defined by s. 90.304, of paternity and is subject to the right of any signatory to rescind the acknowledgment within 60 days after the date the acknowledgment was signed or the date of an administrative or judicial proceeding relating to the child, including a proceeding to establish a support order, in which the signatory is a party, whichever is earlier. Both parents must provide their social security numbers on any acknowledgment of paternity, consent affidavit, or stipulation of paternity.
Posted by Nydia Streets of Streets Law in Florida Alimony
Florida statutes no longer provide for awards of permanent alimony. For cases in which the parties agreed to permanent alimony or the court awarded permanent alimony before the law changed, modification may be warranted when the circumstances of either party changes. In the case Dwight v. Dwight, 5D2023-1347 (Fla. 5th DCA October 18, 2024), modification was at issue due to the payor’s retirement.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Once a Florida family law case is appealed, the trial court may not be able to enter certain orders if they conflict with the jurisdiction of the appellate court. Nonetheless, each order being appealed must be properly brought before the appellate court by following the Florida Rules of Appellate Procedure. This was an issue in the case Dunaj v. Worley, 3D24-0438 (Fla. 3d DCA October 16, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
In a Florida relocation case, a court must consider the factors listed in Fla. Stat. 61.13001 to determine if relocation is in the best interest of a child. Many times, relocation may be very beneficial for a parent, but the court is limited to considering what is best for the child rather than what is best for the parent. Relocation was an issue in the case Cruz v. Morales, 3D23-1560 (Fla. 3d DCA October 16, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A petition for temporary custody by an extended relative in Florida is subject to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The UCCJEA is a set of rules to be followed among states which have adopted the UCCJEA. The aim of the UCCJEA is to prevent competing or conflicting orders on child custody among different states. This was an issue in the case Burgos v. Vargas, et. al., 2D2024-0385 (Fla. 2d DCA October 16, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Support
How important is a Florida child support guidelines worksheet? If one is not attached to the final judgment, the judgment is likely to be reversed on appeal. This was an issue in the case Rouson v. DOR, 2D2024-0107 (Fla. 2d DCA October 16, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When one parent makes timesharing difficult for the other parent in a Florida child custody case, this is a factor the court can consider in creating a parenting plan. There are many other factors a court must consider as well with the primary focus being the best interest of the child. This was an issue in the case Giacomaro v. Brossia, 4D2024-0824 (Fla. 4th DCA October 16, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Support
Must a Florida family law court assign the dependency tax exemption to one parent or the other in conjunction with ordering child support and/or time-sharing? This was an issue in the case Frank v. Frank, 4D2023-1167 (Fla. 4th DCA October 2, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
The wording in an order granting a motion to dismiss in a Florida family law case is important, as it can mean the difference between a final judgment and a non-final order. Most orders granting a motion to dismiss contain other language which give a party a certain number of days to file an amended pleading. An order of dismissal was an issue in the case Contreras v. Fernandez, 3D24-0894 (Fla. 3d DCA October 2, 2024).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
One of the important elements in pursuing a stalking injunction in Florida is to show that the complained-of behavior does not serve a legitimate purpose. This means to show that the person accused of stalking has no reason to follow someone or otherwise contact them. This was an issue in the case Smith v. Horta, 3D24-139 (Fla. 3d DCA October 2, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is vexatious litigation in a Florida family law case? “Vexatious” is defined by Black’s Law Dictionary as “lacking a reasonable or probable cause or excuse, and can include conduct that is harassing or annoying.” So when someone accuses a party to a divorce case, for example, of being vexatious, it means a party is accused of filing motions or taking other actions in the case for the purpose of harassment and/or delay. A party who is found by a court to be vexatious can be ordered to pay attorney’s fees to the other party. This was an issue in the case Burr v. Ospino, 3D23-1207 (Fla. 3d DCA October 2, 2024).
Posted by Nydia Streets of Streets Law in Florida Alimony
In 2023, Florida alimony laws were revised, most notably eliminating permanent alimony. There are still some permanent alimony cases which were entered prior to the change in law which continue to be discussed in current appellate cases. One such case is Giegold v. Giegold, 6D2023-2666 (Fla. 6th DCA September 20, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is a bifurcated divorce in Florida? This refers to a divorce case that is handled in two parts - the parties may not be ready to address issues in their case such as equitable distribution, alimony, etc., but they want to be legally single instead of waiting until they are ready to address all of those issues. So if the case is bifurcated, the court might enter a partial final judgment only dissolving the marriage, and then later enter another partial final judgment resolving the remaining issues in the case. This method is discouraged, though, by the Supreme Court of Florida as cited in the case Shlimbaum v. Shlimbaum, 4D2023-1876 (Fla. 4th DCA September 25, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Support
In an administrative child support proceeding, paternity is not disputed. This means if a father who is requested to participate in this type of proceeding alleges he is not the biological father of the child, this issue will not be considered by the administrative judge. This was an issue in the case Love v. DOR, 3D24-341 (Fla. 3d DCA September 18, 2024).
