Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Divorce
How does a domestic violence conviction affect shared parental responsibility in Florida? According to Florida law, “A conviction of a misdemeanor of the first degree or higher involving domestic violence creates a rebuttable presumption that shared parental responsibility is detrimental to the child.” § 61.13(2)(c)3.a., Fla. Stat. (2024). This was an issue in the case Wallace v. Wallace, 4D2024-0441 (Fla. 4th DCA July 23, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Should you hire a court reporter for your Florida family law hearing? In most cases, it is important to do so, because the court reporter prepares a transcript of what was said at the hearing. Without this transcript, you may not be able to appeal the court’s ruling. This was an issue in the case Lopez v. Fernandez, 3D25-486 (Fla. 3d DCA July 23, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
In a Florida child custody case, the court can enter temporary orders concerning visitation. In the case Aabbott v. Kligman, 3D25-402 (Fla. 3d DCA July 23, 2025), the court awarded the father two supervised overnight visits per week and the mother appealed.
Posted by Nydia Streets of Streets Law in Florida Child Custody
If a parent is ordered to undergo substance abuse monitoring as part of time-sharing with his or her children in a Florida child custody case, who is responsible for the cost of such monitoring? A commonly used tool to monitor a parent’s alcohol consumption is Soberlink, which measures blood alcohol content (BAC). A parent might be required to have his or her BAC measured as a condition of beginning his or her time-sharing. This service costs money and the court has to determine who should pay for it. This was an issue in the case Gorla v. Vig, 3D24-0706 (Fla. 3rd DCA July 23, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Support
When determining income for purposes of a Florida child support calculation, there are special considerations when a parent is a business owner or shareholder of a corporate entity. Depending on the type of entity, there are different ways of viewing income received by the parent. This was an issue in the case J.E.B. v. S.A.B., 6D2023-0839 (Fla. 6th DCA July 11, 2025).
Posted by Nydia Streets of Streets Law in Florida Alimony
When a current or former spouse fails to pay alimony due by court order, the other spouse may file a motion for contempt. Depending on the aim of the motion, there are different remedies available, but the order must comply with specific rules in order to be recognized as valid and enforceable. This was an issue in the case Kelly v. Kelly, 5D2024-3531 (Fla. 5th DCA July 11, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
When parties agree to a child support amount in their Florida marital settlement agreement, can a court reject the amount agreed-to? According to Huff v. Huff, 556 So. 2d 537 (Fla. 4th DCA 1990), “A trial court has the duty to determine the appropriateness of a child support provision within a settlement agreement and can adjust the amount based on the child’s best interest and financial needs.” This was an issue in the case Gilberts v. Manderino-Gilberts, 5D2024-0992 (Fla. 5th DCA July 11, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Support
Once a child is emancipated (turns 18) in Florida, can a parent seek child support for that child? Once the child is emancipated, generally the child can seek support on his or her own under certain circumstances. A parent is limited to seeking retroactive support if no initial child support determination was previously made. This was an issue in the case Morrell v. Alsentzer, 4D2024-1148 (Fla. 4th DCA July 16, 2025).
Posted by Nydia Streets of Streets Law in Florida Paternity
When child support proceeding is filed through the Department of Revenue. and a father wants to challenge paternity, can he respond to the petition by requesting DNA testing? If paternity has already been acknowledged by the father, he is not likely to be successful in challenging paternity in this manner. This was an issue in the case DOR v. Gardner, 5D2025-0244 (Fla. 5th DCA July 3, 2025).
Posted by Nydia Streets of Streets Law in Florida Paternity
In Florida, to disestablish paternity, one requirement is that a male present newly discovered evidence relating to the paternity of a child. If a male had a vasectomy before the child was conceived and was convinced by the mother of the child that vasectomies do not guarantee sterility - does this mean he cannot argue there was “newly discovered evidence” related to the paternity of the child if it is later determined through testing that the male is not the biological father of the child? This was an issue in the case Cuevas v. Cuevas, 5D2024-2832 (Fla. 5th DCA July 3, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
When parties agree to split the net proceeds from the sale of the marital home in a Florida divorce, what is defined as the net proceeds? Many times, the marital settlement agreement will define what the net proceeds are. Even still, many do not include information concerning escrow refund amounts disbursed months after the sale is complete. This was an issue in the case Flaim v. Flaim, 4D2024-2314 (Fla. 4th DCA July 9, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
A general magistrate’s recommended order in a Florida family law case can be reviewed by the judge presiding over the case if a party timely files a motion to vacate the recommended order. What standard does the judge use to determine if the recommended order should be vacated? This was an issue in the case Rodriguez v. Gonzalez, 3D25-0551 (Fla. 3d DCA July 9, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
What are special circumstances that support requiring a spouse to obtain life insurance to secure an alimony obligation? In order for a court to require life insurance in this instance, there must be findings as to availability and cost of insurance, ability to pay, and special circumstances that warrant coverage. This was one issue in the case Zagari v. Zagari, 1D2023-1843 (Fla. 1st DCA July 9, 2025).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a domestic violence injunction is entered in Florida, the order can give the victim exclusive use and possession of a home, despite ownership interest. Can the owner still evict the victim while the injunction is in place? This was an issue in the case Castillo v. Aldahondo, 6D2023-1694 (Fla. 6th DCA June 27, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can sole parental responsibility be awarded to one parent if the other parent does not appear for trial in a Florida child custody case? The answer depends on what was contained in the petition, and whether evidence was presented at the trial to support this award. This was one issue in the case Keck v. Fortier, 5D2024-3056 (Fla. 5th DCA June 27, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When creating a parenting plan in Florida, a trial court is required to make certain findings of fact under Fla. Stat. 61.13. Are these findings also required in ruling on a petition to modify a parenting plan? This was an issue in the case Squires v. Squires, 5D2024-2465 (Fla. 5th DCA June 20, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
A party who is pro se (meaning self-represented) in a Florida family law case is subject to the same rules of procedure as a party represented by a lawyer. Pro se parties who continuously file improper documents in a case may be subject to sanctions from the court, one of which is that a party can be barred from filing further documents with a lawyer representing him or her. This was an issue in the case Makaver v. Pozuelos, 3D25-0158 (Fla. 3d DCA June 25, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A hearing before a general magistrate in a Florida child custody case is usually electronically recorded, and a party wanting a transcript of the hearing is required to have it transcribed by a court reporter. This transcript is needed for an appeal. This was an issue in the case Saenz v. Diaz, 3D24-1744 (Fla. 3d DCA June 25, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Although the Florida Statutes include a presumption that equal time-sharing is in the best interest of a child, this does not mean a court is automatically required to order equal time-sharing in every child custody case. The court must still make findings regarding the best interest of the child. This was an issue in the case Malek v. Malek, 3D24-1247 (Fla. 3d DCA June 25, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
Before a court can take action that affects either party’s rights in a Florida family law case, each party must be provided with due process. This means they had an opportunity to be heard and notice of the court’s planned action. This was an issue in the case Zinnurov v. Shelegina, 6D2024-1089 (Fla. 6th DCA June 13, 2025).
