Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Divorce
When determining either party’s ability to pay attorney’s fees in a Florida divorce case, the court looks to assets and income available to both parties. When one party has disproportionately more financial resources than the other party, that party may be required to pay attorney’s fees for the other party. This was an issue in the case Ramakrishnan v. Ramakrishnan, 5D2024-2510 (Fla. 5th DCA April 25, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Support
In an administrative child support proceeding, income can be attributed to a parent by subpoenaing bank records. This occurred in the case Antoine v. DOR, 4D2024-0360 (Fla. 4th DCA April 30, 2025), but the father alleged he was not the owner of the bank account funds.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What does it mean when a case is dismissed with prejudice in a Florida family law proceeding? This means the matter that is dismissed cannot be refiled and is forever barred. If a case is dismissed without prejudice, it means the matter can be re-filed at a later date and/or when circumstances change. Dismissal with prejudice is usually a drastic measure and is used only under stringent standards. This was an issue in the case Cabrera v. Miranda, 3D24-1993 (Fla. 3d DCA April 30, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a domestic violence injunction is entered against a party in Florida, and it is appealed, the appellate court evaluates the case under an abuse of discretion standard and determines whether the injunction is supported by competent, substantial evidence. This was an issue in the case Lau v. Gonzalez, 3D24-1491 (Fla. 3d DCA April 30, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When an appeal is taken in a Florida paternity case, can the parties seek appellate-level fees? Chapter 742 of the Florida Statutes (the chapter that provides the framework for paternity cases) 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.” § 742.045, Fla. Stat. (2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When supervised visits are ordered in a Florida child custody case, how does the court determine who should pay these costs? That was an issue in the case Perez-Palma v. Rodriguez, 3D24-0251 (Fla. 3d DCA April 30, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
How does an award of temporary sole parental responsibility affect school designation? The school boundary designation in a parenting plan may conflict with an award of temporary sole parental responsibility, but the primary focus is the best interest of a child. This was an issue in the case Healy v. Healy, 4D2024-1087 (Fla. 4th DCA April 23, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a child is wrongfully removed from Florida or the United States, the Uniform Child Custody Jurisdiction and Enforcement Act, and/or the Hague Convention may be implicated. When there are competing orders in different jurisdictions, a party may seek an antisuit injunction which means they are asking the Florida court to prevent a foreign court from exercising jurisdiction in the case. This was an issue in the case Niemeyer v. Niemeyer, 3D24-1692 (Fla. 3d DCA April 23, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
If a Florida marital settlement agreement is silent as to reimbursement for carrying costs on a marital property, does this mean the reimbursement is waived? This was an issue in the case Levinas v. Levinas, 3D24-1233 (Fla. 3d DCA April 23, 2025).
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.’”
