Posted by Nydia Streets of Streets Law in Florida Alimony
What analysis is used to determine if alimony should be paid in a Florida divorce? According to Shouman v. Salama, 6D2023-2585 (Fla. 6th DCA March 10, 2025), there is “a two-step process for determining whether to award alimony in a divorce. In the first step, the court must ‘make a specific factual determination as to whether either party has an actual need for alimony or maintenance and whether either party has the ability to pay alimony or maintenance.’ § 61.08, Fla. Stat. [. . .] Once the first step is completed, and provided the trial court finds that there is a need for alimony and an ability to pay by the other party, then the statute instructs the trial court to proceed to the second step. In the second step, the trial court is tasked with ‘determining the proper type and amount of alimony or maintenance’ which requires consideration of ‘all relevant factors’ including, but not limited to, those set forth in section 61.08(2)(a)–(j), Florida Statutes.”
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What are grounds for disqualifying a Florida family law judge? The fact that a litigant is unhappy with a judge’s ruling is usually not enough to disqualify a judge. This was an issue in the case Cimbler v. Greemberg, 3D25-0137 (Fla. 3d DCA March 12, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can a Florida family law court impose sanctions for non-compliance with discovery. Yes, but the power to do so is not unlimited. This was an issue in the case Prichard v. Galicia, 3D24-2174 (Fla. 3d DCA March 12, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
In Florida family law cases, parties can request to set aside a judgment for specified reasons under Florida Family Law Rule of Procedure 12.540. If such a motion is filed, an evidentiary hearing is usually required. This was an issue in the case Ravelo v. Payret. 3D23-1840 (Fla. 3d DCA March 12, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
How are contingent liabilities treated in a Florida divorce? These liabilities are potential debts that will become owed if certain events happen. For example, a party might be involved in a lawsuit and if they lose the lawsuit, they might owe money to the opposing party in the law suit. Contingent assets and debts must be listed on a financial affidavit in a Florida divorce case. A contingent debt was an issue in the case Alvarez v. Stochetti, 3D23-1277 (Fla. 3d DCA March 12, 2025).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Florida Rule of Family Law Procedure 12.407 prohibits a child who is a witness or related to a family law case from being compelled to attend and testify at a hearing without prior order of the court based on good cause shown. This rule is designed to safeguard children from the effects of a court proceeding. Does this rule expand the due process rights of the parents involved in the proceeding? This was an issue in the case Schmigel v. Schmigel, 1D2024-1572 (Fla. 1st DCA March 12, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
Must a court recognize and enforce a divorce decree from another country in a Florida divorce case? The answer depends on the circumstances surrounding the entry of the foreign divorce decree. For example, if the decree was entered without a party having notice and opportunity to be heard, a Florida court may decline to enforce the judgment. This was an issue in the case Carrasco v. Jimenez, 4D2023-0461 (Fla. 4th DCA March 5, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can a court temporarily suspend a parent’s time-sharing without the other parent filing a petition for modification of time-sharing or the parenting plan? This was an issue in the case Mishkin v. Mishkin, 3D24-1516 (Fla. 3d DCA March 5, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
We see repeatedly in Florida family law cases the consequences of not having a transcript of your trial prepared - even if you have a case that could be successful on appeal, the lack of a transcript could derail your chances of success. Lack of a transcript was an issue in the case Fernandez v. Gonzalez, 3D24-1153 (Fla. 3d DCA March 5, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Support
Can you object to having a hearing officer preside over your Florida child support case and instead request that a judge hear the case? This was an issue in Smith v. Smith, 3D24-0687 (Fla. 3d DCA March 5, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
Failure to rebut evidence at a Florida divorce trial may result in the court awarding relief requested by the other party. Rebutting evidence means presenting your own evidence that contradicts or disproves what the other party is claiming. This was an issue in the case Verdasco v. Vazquez, 3D24-0019 (Fla. 3d DCA March 5, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party requests that a petition be dismissed in a Florida family law case, what standard does the court use to evaluate that request? Generally, the trial court must take the allegations in the petition as true and determine whether those allegations lead to relief that the court can grant. This was an issue in the case Restrepo v. Aquino, 3D23-2175 (Fla. 3d DCA March 5, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
What is an attorney’s charging lien in a Florida divorce case? This is a lien for unpaid legal fees placed by the attorney on proceeds that the attorney’s client is expected to be awarded in the case. If the lien is approved by the judge, and a party is awarded, for example, a lump sum of cash in equitable distribution, the lien would operate to award that cash to the attorney for unpaid fees. This was an issue in the case Cirillo v. Cirillo, 2D2023-2400 (Fla. 2d DCA March 5, 2025).
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).
