Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Sometimes, parties may be confused as to what orders are appealable in a Florida family law case. In the matter of Schneider v DeSantis, 1D2025-2609 (Fla. 1st DCA January 28, 2026), the appeal of an order granting a motion to dismiss was at issue.
Posted by Nydia Streets of Streets Law in Florida Divorce
When a spouse pays the mortgage on the marital home after separation, does that spouse receive credit for the mortgage payments? This was an issue in the case Haxel v. Haxel, 5D2024-0846 (Fla. 5th DCA January 16, 2026).
Posted by Nydia Streets of Streets Law in Florida Divorce
How is a spouse’s unused/accumulated leave pay treated in equitable distribution in a Florida divorce? This was an issue in the case Dove v. Freer, 4D2024-2686 (Fla. 4th DCA January 21, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Sanctions may be imposed against a party in a Florida family law case who violates court orders. Before the sanctions are imposed, usually a hearing must be held. This was an issue in the case Delgado v. Miller, 3D25-2209 (Fla. 3d DCA January 21, 2026).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a former spouse challenges a marital settlement agreement based on alleged fraud, can the court require the spouse accused of fraud to produce discovery? This was an issue in the case Paniry v. Paniry, 3D25-2107 (Fla. 3d DCA January 21, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
A clerk can enter a default against a party who fails to timely respond to a Florida family law petition. The party who is affected can request that the default be set aside. The appeal of an order setting aside a clerk’s default was an issue in the case Judd v. Judd, 2D2025-0930 (Fla. 2d DCA January 16, 2026).
Posted by Nydia Streets of Streets Law in Florida Child Support
Denial of a petition for modification of Florida child support without an evidentiary hearing is usually a violation of due process rights. This was an issue in the case Maybell v. Bryant, 2D2025-0917 (Fla. 2d DCA January 16, 2026).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a domestic violence injunction is sought on behalf of a minor child, the court may consider the testimony of the child if it is in the child’s best interest to testify. Such an injunction was an issue in the case Negron v. Bonilla, 6D2024-1213 (Fla. 6th DCA January 9, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party files a motion to disqualify a judge more than once in a case, different standards may apply in determining successive motions. This was an issue in the case Bonczyk v. Wolfe, 3D25-2173 (Fla. 3d DCA January 14, 2026).
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).
