Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Even when attorney’s fees are awarded as a sanction for contempt in a Florida family law case, the court must usually make findings as to need and ability to pay. This was an issue in the case Crane v. Crane, 3D24-2262 (Fla. 3d DCA January 14, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
While an appeal of a Florida family law case may have strong merit, it may not matter if the appeal is not timely filed. This was an issue in the case Jad v. Abinuman, 5D2024-2775 (Fla. 5th DCA January 2, 2026).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a former spouse and the current spouse of a parent do not get along, this can affect child custody provisions of a final judgment. In a recent case, there was friction between the former spouse and parent of a child, and the current spouse of the child’s mother. The case is Miller v. Veleff, 4D2024-1579 (Fla. 4th DCA January 7, 2026).
Posted by Nydia Streets of Streets Law in Florida Child Support
Is an award of retroactive child support in Florida discretionary? According to a recent case, while it is discretionary, “appellate courts routinely find it error to not award it.” See Dart v. Dart, 4D2024-1525 (Fla. 4th DCA January 7, 2026).
Posted by Nydia Streets of Streets Law in Florida Divorce
Is bonus income included in a party’s income for purposes of calculating alimony and/or child support in Florida? The answer depends on if the bonus is regular and continuous. This was an issue in the case Morgan v. Morgan, 2D2024-2115 (Fla. 2d DCA January 7, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can a party’s phone be subpoenaed in a Florida family law case? This was an issue in the case De Armas v. De Armas, 3D25-1993 (Fla. 3d DCA December 31, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Before a party can appeal a Florida family law case, he or she usually must give the trial court an opportunity to correct any claimed errors before appealing. This is typically done via a motion for rehearing. This was an issue in the case Leman v. Tal, 3D24-2238 (Fla. 3d DCA December 31, 2025).
Posted by Nydia Streets of Streets Law in Holidays
“The time is always right to do what is right.” - The Reverend Dr. Martin Luther King, Jr.
Posted by Nydia Streets of Streets Law in Florida Child Support
How does a Florida family court judge decide who pays for a child’s extracurricular activities in a Florida child support case? There are multiple ways extracurricular expenses can be handled in a Florida parenting plan. This was an issue in the case Webking v. Webking, 1D2023-0771 (Fla. 1st DCA December 31, 2025).
Posted by Nydia Streets of Streets Law in Florida Paternity
A recent Florida Supreme Court case may affect same-sex couples, or individuals who choose to have a child via artificial insemination. When an at-home insemination kit is used versus artificial insemination by use of a laboratory, does the male whose sperm is used relinquish all parental rights to the child who is conceived as a result? This was a question answered by the Florida Supreme Court in Brito v. Salas, SC2024-1184 (Fla. December 30, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Modification of a Florida parenting plan requires the court to consider statutory factors and make findings regarding them in the final judgment. This was an issue in the case Edwards v. Williams, 6D2023-3077 (Fla. 6th DCA December 23, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Once a Florida parenting plan is established, a court cannot modify it without a party pleading a substantial change in circumstances. This was an issue in the case Bazinet v. Pinkerton, 5D2025-0058 (Fla. 5th DCA December 19, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
What is considered dissipation of marital assets? When an account is used while a divorce case is pending, this may be mistaken as dissipation. This was an issue in the case Walsh v. Walsh, 5D2024-1053 (Fla. 5th DCA December 19, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Emergency suspension of a parent’s time-sharing in a Florida child custody case is a drastic measure which must follow certain procedural safeguards. This was an issue in the case Capps v. Capps, 4D2025-3371 (Fla. 4th DCA December 17, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Review of a general magistrate’s findings in a Florida family law case is limited to “determining whether the general magistrate’s factual findings are supported by competent, substantial evidence and whether the magistrate applied the correct standards.” See Cohen v. Alkobi, 4D2025-1056 (Fla. 4th DCA December 17, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a Florida family law judge adopts a final judgment, verbatim, which was prepared by one party’s lawyer, is this a reason to have the final judgment set aside? This was an issue in the case Broche v. Broche, 3D25-1052 (Fla. 3d DCA December 17, 2025).
Posted by Nydia Streets of Streets Law in Holidays
Happy New Year! Here is to a healthy, wealthy, love-filled and good-dreams-coming-true year ahead for you and yours - cheers!
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is the “substantial truth doctrine” in Florida family law? This was explained in the brief appellate opinion issued in the case Blair v. Baller Alert, Inc. 3D25-0941 (Fla. 3d DCA December 17, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What does it mean when a default is entered against a party in a Florida family law case? This means the party admits the well-pled allegations of the petitioner’s complaint in the case, and because of these admissions, the court may be able to enter judgment against the defaulted party without a trial or hearing. A default can be set aside, and this was an issue in the case Highsmith v. Britten, 2D2025-0679 (Fla. 2d DCA December 17, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When an attorney seeks to enforce a charging lien in a Florida family law case, four elements must exist: (1) a valid contract, express or implied, between attorney and client; (2) their shared understanding that payment depends on recovery; (3) the client’s attempt to avoid payment or a dispute over the amount owed; and (4) timely notice of the lien. See Baldwin v. Beam, 5D2024-2423 (Fla. 5th DCA December 5, 2025).
