Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Child Custody
If a parent moves to another state before a petition for divorce is filed in Florida, can the parent be ordered to return under a pick-up order? Relocation is governed by Fla. Stat. Chp. 61.13001, and sets forth the parameters under which a pick-order can be entered. This was an issue in the case Grigsby v. Grigsby, 1D2024-1336 (Fla. 1st DCA December 4, 2024).
Posted by Nydia Streets of Streets Law in Florida Annulment
What is a “void” marriage in Florida? This is a marriage that is considered to have never occurred because a factor made the marriage illegal or incapable of being solemnized. An example is when one spouse is still legally married to another person at the time of marriage to a new spouse. In this case, the second marriage would be considered void and subject annulment. But there are defenses to a claim that a marriage is void, mainly for the purposes of preventing a party from selectively claiming the marriage to be void at divorce in order to avoid the financial and legal responsibilities associated with being married. This was an issue in the case Baxter v. Baxter, 1D2023 (Fla. 1st DCA December 4, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
The Convention on the Civil Aspects of International Child Abduction at the Hague (known as the “Hague Convention”), provides remedies for parents whose children have been wrongfully removed from a country. In order to initiate proceedings under this Convention, certain conditions must be met, including that the parent seeking return of a child has custody rights, and that those rights were actually being exercised at the time of the alleged abduction. The Hague Convention provides certain defenses that the other parent can assert. This was an issue in the case De La Melena v. Panez, 6D2023-3946 (Fla. 6th DCA November 22, 2024).
Posted by Nydia Streets of Streets Law in Holidays
"Gratitude unlocks the fullness of life. It turns what we have into enough, and more. It turns denial into acceptance, chaos to order, confusion to clarity."
- Melody Beattie
Posted by Nydia Streets of Streets Law in Florida Divorce
Debts acquired during a marriage are presumed to be marital debts. The spouse claiming otherwise has the burden to show that the debt is actually non-marital and/or that the other spouse should be solely responsible for the debt. The court must make findings concerning the debt and why it is the sole responsibility of one spouse. This was an issue in the case Lapomarede v. Pierre, 4D2024-0037 (Fla. 4th DCA November 27, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party requests to remove a judge from presiding over a Florida family law case, this is done through a motion for disqualification. The rules governing this type of motion have strict deadlines. This was an issue in the case Pekel v. Leyva,3D24-1799 (Fla. 3d DCA November 27, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
What is the effect of voluntarily dismissing a Florida divorce case? Under the rules of procedure, the person filing a petition for divorce is authorized to voluntarily dismiss it at any time before a hearing on a motion for summary judgment or before submission of the case to the court for a decision. Once a case is voluntarily dismissed, the court loses jurisdiction to make any further rulings in the case and it is considered closed. This was an issue in the case Pettineroli v. Pettineroli, 3D23-1555 (Fla. 3d DCA November 27, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When appealing a Florida family law order, it is important to understand if the order is final or non-final. If it is non-final, it is important to understand if the appellate rules of procedure allow it to be appealed. Understanding these issues can avoid potential waste of money and time in appealing an order that may not be appealed under the rules. This was an issue in the case Gaskins v. Bahour, 2D2023-2617 (Fla. 2d DCA November 27, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Chapter 742 of the Florida Statutes governs paternity cases in Florida. Subsection 742.045 states “The court may from time to time, after considering the financial resources of both parties, order a party to pay a reasonable amount for attorney’s fees, suit money, and the cost to the other party of maintaining or defending any proceeding under this chapter, including enforcement and modification proceedings.” Does this include fees when a paternity case is appealed? This was an issue in the case C.T. v. T.G., 6D2023-1771 (Fla. 6th DCA November 15, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Is a Florida divorce court required to apportion to one spouse investment losses as a debt in equitable distribution? This was an issue among others in the case Ouslander v. Ouslander, 4D2023-2479 (Fla. 4th DCA November 20, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Delay in resolving a Florida divorce case can lead to complications which cost both sides a lot of money and potential “headache”. An appellate case which illustrates this is Kranci v. Kranci, 4D2023-1808 (Fla. 4th DCA November 20, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is a writ of mandamus in a Florida family law case? This is a petition filed with the appellate courts that requests an order directing the trial court to take action. This was an issue in the case Labriola v. Da Silva, 3D24-1726 (Fla. 3d DCA November 20, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Support
Florida Statute Chp. 409.2563 outlines the procedure for a Florida administrative child support proceeding. Participation in this proceeding addresses only child support unless the parents agree otherwise. If a parent disagrees with the proposed child support amount, according to this chapter, “The parent from whom support is being sought may, within 20 days after the date of mailing or other service of the proposed administrative support order, request a hearing by filing a written request for hearing in a form and manner specified by the department.”
Posted by Nydia Streets of Streets Law in Florida Divorce
Having a court reporter present at a trial in your Florida divorce case may be important to your right to appeal. Many appellate cases have been dismissed or not substantively considered due to a lack of a transcript. As stated in Rojas v. Otero, 3D23-1113 (Fla. 3d DCA November 13, 2024): “Consequently, where, as here, there is no transcript from the bench trial below, we are precluded from reviewing factual issues. [. . .] However, even without a trial transcript, reversal is appropriate ‘where an error of law is apparent on the face of the judgment.’”
Posted by Nydia Streets of Streets Law in Holidays
“Honor to the soldier and sailor everywhere, who bravely bears his country’s cause. Honor, also, to the citizen who cares for his brother in the field and serves, as he best can, the same cause.”
‒ Abraham Lincoln
Posted by Nydia Streets of Streets Law in Florida Child Support
Does a Florida court have jurisdiction to modify a foreign child support order? This issue is governed by the Uniform Interstate Family Support Act (UIFSA). It has specific provisions that allow (or do not allow) a Florida court to modify a foreign child support decree. This was an issue in the case Bravo v. Johnson, 1D2024-1057 (Fla. 1st DCA November 13, 2024).
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).
