Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Child Support
In a Florida child support case, the court may assign the tax dependency exemption to one parent or the other. The court can also order that the dependency exemption be alternated between the parties, with one claiming the exemption one year, and the other claiming the exemption the next year. Modification of the tax dependency exemption was an issue in the case Dorsett v. Ferguson, 2D2024-0917 (Fla. 2d DCA April 23, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
Can I appeal a partial final judgment in a Florida divorce case? This was an issue in the case Petrandis v. Petrandis, 1D2024-1487 (Fla. 1st DCA April 23, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Under Florida Family Law Rule of Procedure 12.540, a party can move to vacate an order under certain circumstances. Depending on the circumstance, there are different deadlines for moving to vacate the order under that rule. This was an issue in the case Tucker v. Tucker, 5D2024-2111 (Fla. 5th DCA April 11, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party is accused of indirect criminal contempt in a Florida family law case, the case takes on criminal procedure elements that must be satisfied in order for the court to enter a judgment of contempt. Can prosecution costs be assessed against the accused if he or she is found to be in contempt? This was an issue in the case Robilotta v. Karkhoff, 4D2023-3049 (Fla. 4th DCA April 16, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Time and time again, we see appellate courts decline to grant relief in an appeal because a party did not provide a transcript of the hearing from the trial court below. The transcript provides a record for the appellate court to review what happened on the trial level. This was an issue in the case Scott v. Broughton, 3D24-1635 (Fla. 3d DCA April 16, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
The importance of having a court reporter at a Florida family law hearing was highlighted again in a recent appellate case: Shaw v. Shaw, 3D24-1393 (Fla. 3d DCA April 16, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
Florida Statute 61.075 requires that the court make findings related to equitable distribution in a Florida divorce. Without these findings, a Florida divorce judgment may be subject to appeal. This was an issue in the case Salazar v. Franco, 3D24-1051 (Fla. 3rd DCA April 16, 2025).
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).
