Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Divorce
When a Florida divorce case is pending, one spouse might remain in the jointly-owned marital home while the other spouse lives elsewhere. How does the court decide who is responsible for the mortgage or how a spouse is compensated for being excluded from occupying the residence? This is an issue briefly discussed in the case Charbonneau v. Charbonneau, 3D22-1507 (Fla. 3d DCA May 1, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Alimony and equitable distribution may be part of a Florida divorce case. Florida Statute Chp. 61.08 governs alimony awards, while Florida Statute Chp. 61.075 governs equitable distribution. Consideration of factors in these statutes is required when deciding these issues, Alimony and equitable distribution were issues in the case Duhamel v. Duhamel, 2D2022-4145 (Fla. 2d DCA April 26, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
A judge is required maintain impartiality in a Florida family law case. This includes giving advice to one side or the other about how to proceed in the case. This was an issue in Torres v. Orlick, 6D24-469 (Fla. 6th DCA April 19, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When parties enter a parenting plan in Florida, and it is ratified by a court order, there are limited situations in which that parenting plan can be cancelled. This was an issue in the case Chan v. Addison, 6D23-2856 (Fla. 6th DCA April 19, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
The petition and the answer in a Florida family law case are some of the most important documents filed. Why? Because they frame the issues in the case and put everyone on notice about what is at stake. Florida law generally requires that both parties put all relief they are seeking in their petition or answer. Failure to do so may result in the court not being able to consider matters not raised in the pleadings. This was an issue in the case Sieberg-Shabbick v. Shabbick, 3D22-1694 (Fla. 3d DCA April 24, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Temporary support orders are entered in Florida family law cases to grant relief regarding alimony and child support before a trial is held. Trial can take several months or even years to reach, so temporary relief is a remedy that is vital for some parties. This was an issue in the case Johnson v. Johnson, 5D22-2800 (Fla. 5th DCA April 12, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
In order for a party to be held in contempt in a Florida family law case, the terms of an order that is alleged to have been violated must be clear and unambiguous. A party cannot be held in contempt of terms of an order that do not exist. This was an issue in the case Prieto v. Rossi, 4D2022-3045 (Fla. 4th DCA April, 17, 2024) in which an attorney representing a party to a divorce was held in contempt of terms of a marital settlement agreement.
Posted by Nydia Streets of Streets Law in Florida Divorce
Once a marital settlement agreement is entered and ratified by a final judgment in a Florida divorce, there are limited circumstances under which the agreement can be set aside. The standard is different from an agreement that is entered outside of litigation, such as a prenuptial or postnuptial agreement. A challenge to a marital settlement agreement entered over a decade prior was an issue in the case O’Hair v. O’Hair, 6D23-2424 (Fla. 6th DCA April 4, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
How much notice must be given to a defaulted party for a final hearing in a Florida family law case? The rules of procedure give specific guidance on this, and this was an issue in the case Korman v. Shapiro, 3D21-2182 (Fla. 3d DCA April 10, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
An emergency suspension of timesharing in a Florida child custody case may occur in certain cases. But regard must be given to due process considerations. Emergency suspension of time-sharing was an issue in the case Ramirez v. Marzano, 4D2023-1170 (Fla. 4th DCA April 3, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is a 57.105 motion in a Florida family law case? This is a motion which asks the court for sanctions against a party and/or the party’s attorney for raising unsupported claims in a proceeding. 57.105 refers to the Florida Statute section which authorizes this fee. That section of the statute requires that specific steps be taken before this motion can be filed. This was an issue in the case Fantauzzi v. Fleck, 2D23-1390 (Fla. 2d DCA April 3, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Can someone named as a creditor in a Florida marital settlement agreement sue as a third-party beneficiary to the agreement? For example, if an agreement states one spouse will pay a debt owed to a family member, can the family member sue the spouse for non-payment of the debt? This was an issue in the case Helmick v. Taylor, 2D22-3658 (Fla. 2d DCA April 3, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When an order is reversed on appeal, a party cannot be held in contempt of that order later. This was an issue in the case Rich v. Rich, 2D20-707 (Fla. 2d DCA April 3, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Temporary relocation in Florida is governed by Florida Statute Chp. 61.13001. A temporary relocation can be granted pending a final hearing if the court finds it is in the best interest of a child to relocate and it is likely that permanent relocation will be granted. There are strict requirements for seeking and considering relocation. This was an issue in the case Vanderhoof v. Armstrong, 5D23-1486 (Fla. 5th DCA March 22, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
What justifies unequal division of assets and debts in a Florida divorce? The person seeking an unequal division has a high burden to meet. When parties live separate financial lives throughout their marriage, this may point to the parties’ intent to keep assets and debts separate. This was an issue in the case Price-Lawrence v. Lawrence, 2D22-2605 (Fla. 2d DCA March 27, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Support
Child support guidelines worksheets are important to a final judgment. This is because they serve as a reference point when a party wants to modify child support in the future. Failure to attach or file guidelines may require reversal of a final judgment. This was one issue in the case Knight v. Knight, 1D2022-2040 (Fla. 1st DCA March 27, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Under Florida law, a parent who is incarcerated or will be for a substantial period of time may be at risk of losing parental rights to a child. Is house arrest considered incarceration for this purpose? This was an issue in the case K.M. v. K.B., 4D2023-2158 (Fla. 4th DCA March 13, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Must a final judgment of divorce in Florida specifically reserve jurisdiction on an issue in order for it to be considered later? Depending on prior orders entered in the case, the final judgment may not need such specificity. This was an issue in the case Shah v. Siddiqui, 4D2023-1125 (Fla. 4th DCA March 13, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party asks for help paying attorney’s fees and costs in a Florida family law case, can the costs include the fees of an expert required to testify about the reasonableness of the fees? This was an issue in the case Echeverria v. Trombino, 4D2023-0739 (Fla. 4th DCA March 20, 2024).
Posted by Nydia Streets of Streets Law in Florida Paternity
If DNA testing shows a male is not related to a child, does this mean the male is not the legal father of the child? If the male is listed on the birth certificate, he is the legal father until otherwise determined. Biological connection is not the determining factor in establishing legal parenting rights over a child. This was an issue in the case N.D. v. J.B., 2D23-686 (Fla. 2d DCA March 15, 2024).
