Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Child Support
How important is a Florida child support guidelines worksheet? If one is not attached to the final judgment, the judgment is likely to be reversed on appeal. This was an issue in the case Rouson v. DOR, 2D2024-0107 (Fla. 2d DCA October 16, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When one parent makes timesharing difficult for the other parent in a Florida child custody case, this is a factor the court can consider in creating a parenting plan. There are many other factors a court must consider as well with the primary focus being the best interest of the child. This was an issue in the case Giacomaro v. Brossia, 4D2024-0824 (Fla. 4th DCA October 16, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Support
Must a Florida family law court assign the dependency tax exemption to one parent or the other in conjunction with ordering child support and/or time-sharing? This was an issue in the case Frank v. Frank, 4D2023-1167 (Fla. 4th DCA October 2, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
The wording in an order granting a motion to dismiss in a Florida family law case is important, as it can mean the difference between a final judgment and a non-final order. Most orders granting a motion to dismiss contain other language which give a party a certain number of days to file an amended pleading. An order of dismissal was an issue in the case Contreras v. Fernandez, 3D24-0894 (Fla. 3d DCA October 2, 2024).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
One of the important elements in pursuing a stalking injunction in Florida is to show that the complained-of behavior does not serve a legitimate purpose. This means to show that the person accused of stalking has no reason to follow someone or otherwise contact them. This was an issue in the case Smith v. Horta, 3D24-139 (Fla. 3d DCA October 2, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is vexatious litigation in a Florida family law case? “Vexatious” is defined by Black’s Law Dictionary as “lacking a reasonable or probable cause or excuse, and can include conduct that is harassing or annoying.” So when someone accuses a party to a divorce case, for example, of being vexatious, it means a party is accused of filing motions or taking other actions in the case for the purpose of harassment and/or delay. A party who is found by a court to be vexatious can be ordered to pay attorney’s fees to the other party. This was an issue in the case Burr v. Ospino, 3D23-1207 (Fla. 3d DCA October 2, 2024).
Posted by Nydia Streets of Streets Law in Florida Alimony
In 2023, Florida alimony laws were revised, most notably eliminating permanent alimony. There are still some permanent alimony cases which were entered prior to the change in law which continue to be discussed in current appellate cases. One such case is Giegold v. Giegold, 6D2023-2666 (Fla. 6th DCA September 20, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is a bifurcated divorce in Florida? This refers to a divorce case that is handled in two parts - the parties may not be ready to address issues in their case such as equitable distribution, alimony, etc., but they want to be legally single instead of waiting until they are ready to address all of those issues. So if the case is bifurcated, the court might enter a partial final judgment only dissolving the marriage, and then later enter another partial final judgment resolving the remaining issues in the case. This method is discouraged, though, by the Supreme Court of Florida as cited in the case Shlimbaum v. Shlimbaum, 4D2023-1876 (Fla. 4th DCA September 25, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Support
In an administrative child support proceeding, paternity is not disputed. This means if a father who is requested to participate in this type of proceeding alleges he is not the biological father of the child, this issue will not be considered by the administrative judge. This was an issue in the case Love v. DOR, 3D24-341 (Fla. 3d DCA September 18, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Support
What can be done if a parent disagrees with a Florida administrative child support order? Depending on what stage the proceeding is in, there may be a few options. This was an issue in the case Fernandez v. DOR, 3D24-158 (Fla. 3d DCA September 18, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What does dismissal without prejudice mean in a Florida family law case? This refers to the right of a litigant to re-file a case. For example, if a motion to dismiss is granted “without prejudice” it means the person who filed the dismissed petition can re-file it in the future. This may be appropriate where, for example, a petition is defective and needs to be corrected before the court can move forward on the petition. This was an issue in the case Pacin v. Granja, 3D23-2295 (Fla. 3d DCA September 18, 2024).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Appealing a Florida family law judgment requires more than just disliking the trial court’s decision - there has to be a legal basis for the appeal, such as the trial court failing to follow the law. As discussed in Zayon v. Valme, 3D23-1559 (Fla. 3d DCA September 18, 2024), an appellate court is reluctant to disturb a trial court’s ruling.
Posted by Nydia Streets of Streets Law in Florida Divorce
In a Florida divorce case, there can be multiple issues regarding equitable distribution, including the chosen valuation date, dissipation and more. These were issues in the case Knott v. Knott, 6D2023-2519 (Fla. 6th DCA September 6, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can a party decline to produce certain records in a Florida family law case because of the Fifth Amendment privilege against self-incrimination? This was an issue in the case Fields v. Coletta, 3D24-1177 (Fla. 3d DCA September 11, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Florida appellate courts have issued several opinions which discuss the necessity of including a transcript when appealing a Florida family law case. A transcript of the hearing at which the disputed order was entered needs to be provided so that the appellate court can review the full spectrum of what occurred at the hearing to make the trial court reach its decision. This was an issue in the case Julia v. Ramos-Baez, 6D2023-1858 (Fla. 6th DCA August 23, 2024).
Posted by Nydia Streets of Streets Law in Florida Alimony
According to Florida Statute Chp. 61.08, “The court may award a combination of forms of alimony or forms of payment, including lump sum payments, to provide greater economic assistance in order to allow the obligee to achieve self-support.” A lump sum alimony payment may be desirable for both the payor and payee where it gets rid of the need for ongoing accounting of monthly payments. Lump sum alimony was an issue in the case Gutierrez v. Gutierrez, 3D23-1434 (Fla. 3d DCA August 28, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Florida’s constitution protects a homestead in that most creditors are not permitted to levy upon the homestead if a debt is owed. How does this homestead protection affect division of a marital home in a Florida divorce case? This was an issue in the case Toussaint v. Toussaint, 3D23-0812 (Fla. 3d DCA August 28, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
When imputing income to a parent who is underemployed or unemployed, what factors must a Florida child support court consider? This was an issue in the case Campbell v. Jara, 2D2023-1795 (Fla. 2d DCA August 23, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Support
Responding to a Florida administrative child support proceeding is important to preserve your rights. Administrative proceedings are handled without a hearing and usually notice of the proceeding is sent by mail. There are important deadlines to follow to ensure the appropriate child support amount is calculated. This was an issue in the case Chavez v. DOR, 3D24-0265 (Fla. 3d DCA August 21, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Due process in a Florida family law case refers to the right of each party to fully participate in the proceeding with notice and and opportunity to be heard. Due process is an important to ensure each party has a fair and meaningful opportunity to participate in the proceedings. This was an issue in the case Rodriguez v. Rodriguez, 3D23-1817 (Fla. 3d DCA August 21, 2024).
