Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a child accuses someone of sexual abuse, an injunction for protection against sexual violence may be entered in Florida. However, there are strict evidentiary requirements for such an injunction to be entered, and this was an issue in the case Castro v. Gutierrez, 3D23-2256 (Fla. 3d DCA April 16. 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
If a party to a Florida family law case wants to challenge a general magistrate’s findings and recommendations, he or she is required to file a motion to vacate the general magistrate’s recommended order. This motion to vacate essentially operates as a motion for rehearing, according to the case Taylor v. Taylor, 2D2024-1640 (Fla. 2d DCA April 11, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Is contempt an available remedy for failure to pay an equitable distribution judgment in a Florida divorce? Generally, support awards (alimony, child support) can be enforced by contempt, but equitable distribution awards are excluded. This was an issue in the case Said v. Said, 2D2024-1449 (Fla. 2d DCA April 16, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Sometimes after a Florida family law hearing, the court requests that each side submit a proposed order for consideration. According to Washington v. Persolve Recoveries, LLC, 2D2024-0311 (Fla. 2d DCA April 11, 2025) “Florida law does not prohibit the verbatim adoption of a party's proposed order or judgment. Bishop v. Bishop, 47 So. 3d 326, 328 (Fla. 2d DCA 2010); M.D. v. Dep't of Child. & Fam. Servs., 924 So. 2d 827, 830 (Fla. 2d DCA 2005). Reversal is required, however, when the order does not reflect ‘a thoughtful and independent analysis of the facts, issues, and law by the trial judge.’”
Posted by Nydia Streets of Streets Law in Florida Child Support
Sometimes, the wording of a Florida marital settlement agreement can be ambiguous or open to different interpretations. When this happens, the court may be tasked with deciding what the parties meant by specific phrases in the agreement. This was an issue in the case Stamler v. Stamler, 2D2023-2339 (Fla. 2d DCA April 11, 2025).
Posted by Nydia Streets of Streets Law in Florida Paternity
A DNA test can prove that a man is not the biological father of a child, but this will not necessarily cancel his status as the legal father of the child. Biological connection alone is not the determining factor of whether a man is declared the legal father of a child in Florida. This was an issue in the case Bauer v. Carlson, et. al., 5D2024-0447 (Fla. 5th DCA April 4, 2025).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What is considered appropriate punishment of a child versus abuse? Corporal punishment is allowed in Florida, but there are limits. One way abuse by a parent might be addressed is through a Florida domestic violence injunction. This was an issue in the case Bechert v. Bechert, 4D2024-0951 (April 9, 2025).
Posted by Nydia Streets of Streets Law in Florida Alimony
In the case Stockdale v. Stockdale, 1D2024-1371 (Fla. 1st DCA April 9, 2025), a question arose as to whether a case was considered “pending” under the reformed alimony statute since it was still being appealed after the July 1, 2023 changes to the alimony statutes took effect in Florida. The answer to the question could mean a reversal of an award of permanent alimony, since that was abolished by the statute changes.
Posted by Nydia Streets of Streets Law in Florida Divorce
When one spouse is ordered to pay alimony to the other spouse in a Florida divorce case, is this payment considered in calculating child support? Usually, the monthly payment made by the paying spouse is deducted from that spouse’s income and added to the other spouse’s income in calculating child support. This was an issue in the case Eberhart v. Eberhart, 5D2024-1384 (Fla. 5th DCA March 28, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Support
Child support in Florida is calculated using the net incomes of the parents, rather than gross income. This is because net income is the income truly available to a parent for payment of support. Use of gross income was an issue in the case Hunter v. Hunter, 5D2023-1818 (Fla. 5th DCA March 28, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What is the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) in a Florida child custody case? This is a set of rules contained in Chapter 61 of the Florida Statutes which provides the framework for a Florida court exercising jurisdiction over a child custody matter. Other states that have also adopted the UCCJEA agree to follow the same rules in enforcing child custody disputes that involve multiple states. These rules were an issue in the case Lindstrom v. Lindstrom, 3D23-2035 (Fla. 3d DCA April 2, 2025).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Is a Florida family court required to allow a party to appear by phone at a hearing? The decision to allow telephonic or other electronic appearance in a Florida family law case is within the trial court’s discretion. This was an issue in the case Sanzaro v. Crowe, 6D2023-1796 (Fla. 6th DCA March 21, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can a partition of property be ordered in a Florida paternity case? It was in the recent appellate case Diaz v. Nolan, 5D2024-1065 (Fla. 5th DCA March 21, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Is the right to proceed pro se, or self-represented in a Florida family law case absolute? Florida case law indicates it is not because pro se litigants who excessively or vexatiously litigate can be sanctioned and/or prohibited from filing anything further without a lawyer. This was an issue in the case Abboud v. Abboud, 5D2024-0799 (Fla. 5th DCA March 21, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
Are parties entitled to credits for mortgage payments on a marital home during separation? Florida Statutes do provide a way to claim credits in certain circumstances. This was an issue in the case Frazier v. Dodd, 5D2022-2478 (Fla. 5th DCA March 21, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
A change in the alimony statutes in Florida in 2023 eliminated permanent alimony. For that reason, cases which were appealed before the change but were still pending after, had permanent alimony reversed in the appeal. This was an issue in the case Edman v. Edman, 4D2024-0077 (Fla. 4th DCA March 26, 2025).
Posted by Nydia Streets of Streets Law in Florida Alimony
Florida family law courts have broad discretion in fashioning temporary relief remedies. However, that power is not unlimited. This was an issue in the case Strolla v. Strolla, 4D2024-2294 (Fla. 4th DCA March 19, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
Can a court disregard a settlement agreement entered between the parties and require a different result? The answer depends on what is at issue in the agreement. In the case Nicholas v. Nicholas, 4D2024-0214 (Fla. 4th DCA March 19, 2025), the court added a provision regarding additional attorney’s fees and costs even though the parties had already agreed on how to pay attorney’s fees and costs.
Posted by Nydia Streets of Streets Law in Florida Divorce
What date does a Florida family court use to value assets in a divorce? Since divorce cases can span years, the value of an asset at the time of filing for divorce may be different from the value at the time of the trial. According to the Florida Statutes, “The date for determining value of assets and the amount of liabilities identified or classified as marital is the date or dates as the judge determines is just and equitable under the circumstances. Different assets may be valued as of different dates, as, in the judge’s discretion, the circumstances require.” Fla. Stat. 61.075(7).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a Florida family law case is appealed, the trial court may be limited in entering further orders on the issue being appealed because the appellate court assumes exclusive jurisdiction over the issue until an appellate opinion is issued. This was discussed in the case Stivelman v. Stivelman, 3D23-1811 (Fla. 3d DCA March 19, 2025).
