Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Child Support
Who can appeal a final administrative child support order in Florida? Fla. Stat. § 409.2563(10)(a) and Fla. Stat.; § 120.68 are instructive. This was an issue in the case Thomas v. DOR, 6D2026-0473 (Fla. 6th DCA May 1, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Attorney’s fees in a Florida divorce are awarded based on need and ability to pay. The award must be supported by competent, substantial evidence. If it is not, can a party raise this issue for the first time on appeal? This was an issue in the case Garmon v. Garmon, 6D2024-1564 (Fla. 6th DCA May 1, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a motion to vacate a recommended order of a general magistrate is filed in a Florida family law case, what are the rules concerning the transcript of the hearing being reviewed? This was an issue in the case Rodriguez v. Rodriguez, 5D2025-0040 (Fla. 5th DCA May 1, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can a party be sanctioned for requesting a last-minute continuance of a Florida family law hearing? This was an issue in the case Shitiat v. Giacomarra, 4D2025-1432 (Fla. 4th DCA May 6, 2026).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
According to Florida law, “Stalking” occurs when a person “willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person.” § 784.048(2), Fla. Stat. (2024). “Harass” is defined by the statutes as engaging in a course of conduct directed at a specific person that: 1. Causes substantial emotional distress; and 2. Serves no legitimate purpose. This was an issue in the case Carvajal v. Ferretti, 4D2024-3293 (Fla. 4th DCA April 29, 2026).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a guardian ad litem is appointed in a Florida family law case, how does the court decide who pays for the guardian’s services? This was an issue in the case MacDonald v. MacDonald, 4D2025-3043 (Fla. 4th DCA April 29, 2026).
Posted by Nydia Streets of Streets Law in Florida Divorce
How are family photos and videos handled in a Florida divorce? When one party controls these items, it can be difficult for the other party to obtain them. This was an issue in the case Carter v. Carter, 4D2025-1183 (Fla. 4th DCA April 29, 2026).
Posted by Nydia Streets of Streets Law in Florida Divorce
What is commingling in a Florida divorce? This means non-marital funds were mixed with marital funds. In this case, a party might argue all of the funds are marital. But this argument can be rebutted. This was an issue in the case Winegar v. Winegar, 4D2024-2076 (Fla. 4th DCA April 29, 2026).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a Florida domestic violence injunction is denied, and party may decide to appeal. A record or transcript of the proceedings is usually required for the appeal. This was an issue in the case Miller v. Miller, 6D2025-2649 (Fla. 6th DCA April 24, 2026).
Posted by Nydia Streets of Streets Law in Florida Prenuptial Agreements
Is a Florida prenuptial agreement only for wealthy people? This is a common misconception. On the contrary, prenuptial agreements serve a greater purpose than just protecting substantial assets.
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a petition for relocation is pending, a temporary relocation may be sought by motion. Generally, the matter noticed for hearing, is the only matter that can be heard, absent the consent of both parties. This was an issue in the case Fitzgerald v. Dostie, 6D2024-1990 (Fla. 6th DCA April 16, 2026).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What qualifies as a valid relocation agreement under Florida child custody laws? This was an issue in the case Neira v. Acosta, 3D25-1642 (Fla. 3d DCA April 8, 2026).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Whether a Florida stalking injunction petition states a cause of action is a question of law subject to de novo review on appeal. This was an issue in the case Odom v. Cole, 1D2025-2646 (Fla. 1st DCA April 8, 2026).
Posted by Nydia Streets of Streets Law in Florida Divorce
Many Florida marital settlement agreements contain a prevailing party clause. This clause generally states that if there is litigation to enforce the agreement, the prevailing party will be awarded attorney’s fees and costs. This was an issue in the case Weber v. Weber, 6D2024-2778 (Fla. 6th DCA March 27, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Under Florida Statute Chp. 57.105, a party can seek attorney’s fees from the other party in a Florida family law case for raising unsupported claims in the case. This requires a specific procedure, and the language of the statute must be adhered-to. This was an issue in the case Rose v. Rose, 6D2023-4209 (Fla. 6th DCA March 25, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
The Florida Family Law Rules of Procedure allow a court to enter a default final judgment against a party who fails to timely respond to a petition. A default means the petitioner’s well-pled allegations are taken as true. A party against whom a default has been entered can file a motion to set it aside. This was an issue in the case Toledo v. Torres, 3D25-0552 (Fla. 3d DCA April 1, 2026).
Posted by Nydia Streets of Streets Law in Florida Child Support
When the Department of Revenue issues certifications for denial/revocation of a passport and/or a federal tax return offset, the certification must be based on a valid judgment for child support. This was an issue in the case Morancy v. DOR, 4D2025-0239 (Fla. 4th DCA March 25, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
An attorney’s charging lien can be enforced in a Florida family law case under specific circumstances. As cited in a recent Florida family law appellate case: “‘In order to give timely notice of a charging lien an attorney should either file a notice of lien or otherwise pursue the lien in the original action.’ [internal citation omitted]. However, merely filing ‘a notice of intent to claim a charging lien in the pending original action by the attorney does not establish the attorney’s lien against the judgment nor give adequate constructive notice of the attorney’s charging lien to parties dealing with the client with respect to the judgment.’ [internal citation omitted].” John F. Schutz, P.L. v. Ally Financial Inc., 4D2024-2838 (Fla. 4th DCA March 25, 2026).
Posted by Nydia Streets of Streets Law in Florida Prenuptial Agreements
What is a patent ambiguity in a Florida prenuptial agreement? According to a recent Florida appellate case, this is an a clause in a contract which is “readily discernible on the face of the instrument, arising from language that is ‘defective, obscure, or insensible.’” Martinez v. Bustamante, 3D25-0286 (Fla. 3d DCA March 25, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When an issue is appealed in a Florida family case, lack of a transcript is usually fatal to the appeal. Does it matter if a legal, versus a factual, issue is being appealed? This was discussed in the case Harris v. Lagana, 6D2025-0548 (Fla. 6th DCA March 13, 2026).
