Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Child Custody
When one parent’s time-sharing or contact with their children is suspended, a court may hold a hearing to determine if the suspension should be extended or cancelled. This was an issue in the case Sala v. Wood, 3D24-1851 (Fla. 3d DCA February 26, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Support
The standard of review for a child support award in a Florida family law case is abuse of discretion. This means the appellate court will review the trial court record to determine if the trial court abused its discretion in how it calculated child support. This was an issue in the case Phara v. Robert, 3D24-1237 (Fla. 3d DCA February 26, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Support
When a party fails to provide a transcript of his or her Florida family law hearing that was the basis of an appeal, the appellate court may not be able to grant relief. This is because the transcript is needed to review what happened at the trial or hearing. The appellate court is restricted to reviewing obvious errors in the order being appealed. This was an issue in the case Aguirre v. Andrukiebich, 3D24-0614 (Fla. 3d DCA February 26. 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is the difference between civil contempt and criminal contempt in a Florida family law case? The key difference turns on the goal of the contempt - if it is to persuade a person to take action, it is civil contempt.; if it is to punish a person for wrongdoing, it is criminal contempt. Each type carries different procedures. This was an issue in the case Portee-Jones v. Portee, 1D2023-0049 (Fla. 1st DCA February 26. 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
If a parent wants to modify a parenting plan to request sole parental authority, the other parent must be put on notice through proper pleadings. Absent notice and an opportunity to be heard, a parenting plan generally cannot be modified. This was an issue in the case Greenwood v. Greenwood, 3D24-1611 (Fla. 3d DCA February 19, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A Florida parenting plan must meet certain requirements specified in Florida Statute 61.13. For example, the parenting plan must contain a time-sharing schedule. This was an issue in the case Kiswani v. Hafza, 5D2023-2175 (Fla. 5th DCA February 14, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Support
Retroactive child support in Florida may be awarded to compensate a parent who was not receiving adequate support from the other parent before a case was initiated. Under Florida law, the court may award retroactive support dating back up to two years prior to the date of filing the petition for support. Such support was an issue in the case Ramirez v. Gregory, 5D2022-2659 (Fla. 5th DCA February 14, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
Can a text message between spouses establish the value of an asset for purposes of equitable distribution in a Florida divorce? Depending on the context of the message, it may. But settlement negotiations are not admissible in court proceedings, generally. This was an issue in the case Nunes v. Krup, 4D2024-0874 (Fla. 4th DCA February 19, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a court decides there should be an unequal distribution of marital assets and debts in a Florida divorce, what factors go into making this decision? Florida Statute 61.075 lists factors a court must consider, which include the length of the marriage and the contribution of each spouse to the property in question. This was an issue in the case Reed v. Reed, 4D2023-2584 (Fla. 4th DCA February 19, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Support
When a parent is ordered to pay child support for multiple children in different cases, the Florida Statutes allow essentially for a credit to be given to that parent in calculating child support. For example, if a parent pays $500 per month for one child by court order, and is subsequently sued for child support for another child, the $500 paid for the first child will be deducted from the parent’s gross income when child support is calculated for the other child. Does this include retroactive child support that is paid? This was an issue in the case Williams v. DOR, 1D2023-3086 (Fla. 1st DCA February 12, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
If a spouse moves out of the marital home before a petition for divorce is filed in Florida, does that spouse abandon his or her interest in the home? The short answer is no, but depending on how much time passes between the time the spouse moved out and the date a divorce petition is filed, plus that spouse’s contributions to the home after moving out, the other spouse may be entitled to more equity in the home than the spouse who moved out. This was an issue in the case Silva v. Claffey ,4D2024-0269 (Fla. 4th DCA February 5, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a child custody case has been filed in two different states concerning the same child, we look to the Uniform Child Custody Jurisdiction and Enforcement Act to guide us on how to proceed. Most times, the courts of each state are required to communicate with each other and include the parties in the communication. This was an issue in the case Justice v. Guerrero-Justice, 3D24-1248 (Fla. 3d DCA February 5, 2025).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a party admits to physical violence against another person, is a court required to enter a domestic violence injunction? This is how the wife in the case De Jager v. De Jager, 3D23-1599 (Fla. 3d DCA January 29, 2025) construed the trial court’s rationale when it entered an injunction against her in favor of her husband.
Posted by Nydia Streets of Streets Law in Florida Paternity
In 2023, the Florida Statutes were amended as it relates to non-married father’s rights. Previously, a child born outside of wedlock was considered to be in the full custody of the child’s mother until a court order was entered stating otherwise. The law was amended to state that if a father is on the birth certificate for the child, both parents have custodial rights. This was an issue in the case Schauer v. Mitchell, 1D2024-0499 (Fla. 1st DCA January 23, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
What happens when a spouse destroys collectibles or other personal property of the other spouse? This was an issue in the case Michener v. Michener, 3D24-0431 (Fla. 3d DCA January 22, 2025) in which the former wife was accused of destroying or disposing of “a portion of the former husband’s extensive nonmarital memorabilia collection, which included various books, Star Wars toys, celebrity and family photographs, a sketch of Cal Ripken, Jr., a vintage poster, a handmade football, and an engraved watch.”
Posted by Nydia Streets of Streets Law in Florida Child Support
When child support arrears are owed in Florida, the party who owes the arrears may be subject to having his or her money garnished. This includes inheritances. A party who owes arrears who willfully divests himself or herself of the ability to pay the arrears may be subject to the contempt powers of the court. Child support arrears was an issue in the case The Recovery Agents, LLC v. Tutko, 2D2024-0476 (Fla. 2d DCA January 22, 2025).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Stalking injunctions in Florida are reserved for victims who can show evidence of substantial emotional distress as a result of the repeated harassment of another person. This was an issue in the case Abercrombie v. Nenneman, 2D2023-2110 (Fla. 2d DCA January 22, 2025).
Posted by Nydia Streets of Streets Law in Florida Alimony
When permanent alimony was cancelled by the Florida legislature in 2023, the new statute provided that it applied to actions filed or pending on or after July 1, 2023. In a recent appellate case, a question arose as to the meaning of “pending” when the appeal of a final judgment awarding alimony was still pending after July 1, 2023. The case is Woodward v. Woodward, 2D2023-0529 (Fla. 2d DCA January 22, 2025).
Posted by Nydia Streets of Streets Law in Holidays
"I believe that unarmed truth and unconditional love will have the final word in reality. This is why right, temporarily defeated, is stronger than evil triumphant." - Dr. Martin Luther King, Jr.
Posted by Nydia Streets of Streets Law in Name Change
Even when parents agree to change a minor child’s name in Florida, a court must make a finding that the change is in the best interest of the child. Changing a minor’s name was an issue in the case In Re: Name Change of M.T.F., 4D2024-0808 (Fla. 4th DCA January 15, 2025).
