Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Name Change
Even when parents agree to change a minor child’s name in Florida, a court must make a finding that the change is in the best interest of the child. Changing a minor’s name was an issue in the case In Re: Name Change of M.T.F., 4D2024-0808 (Fla. 4th DCA January 15, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Support
According to Florida law, “A petition for modification of child support need only allege a substantial change in either the child’s needs or one of the parent’s income.” Vincent v. Vincent, 715 So. 2d 1147, 1148 (Fla. 4th DCA 1998). This was an issue in the case Ali v. Sanchez, 4D2024-0114 (Fla. 4th DCA January 15, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When can a lawyer be disqualified from representing a spouse in a Florida divorce case? Disqualification of a lawyer is an extraordinary remedy,. This was an issue in the case Phinney v. Phinney, 3D24-1314 (Fla. 3d DCA January 15, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
If a Florida marital settlement agreement obligates a spouse to hold funds in trust for the parties’ child, does the child have a right to enforce the agreement? This was an issue in the case Clark v. Clark, 3D24-0046 (Fla. 3d DCA January 15, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
A rehabilitative alimony award requires a specific and defined rehabilitative plan to be stated in an order. Such a plan is aimed at “(1) [t]he redevelopment of previous skills or credentials; or (2) [t]he acquisition of education, training, or work experience necessary to develop appropriate employment skills or credentials.” § 61.08(6)(a)(1)-(2), Fla. Stat. (2023). The law requires that an order for this type of alimony address “the objective of rehabilitation, the costs of the plan, and the projected period necessary for [completion][.]” Allison v. Allison, 692 So. 2d 1013, 1013 (Fla. 4th DCA 1997). This was an issue in the case Smith v. Chevillet, 4D2023-2589 (Fla. 4th DCA January 8, 2025).
Posted by Nydia Streets of Streets Law in Florida Annulment
Florida does not have specific statutes that address annulment, and this area of law is based on common law. A plethora of appellate opinions give guidance on how to determine if a marriage can be annulled. Generally, impediments to marriage fall into two categories under Florida law - consent (invalidity or lack of consent) and capacity (to consent). Annulment was an issue in the case Rojas v. Londono, 3D24-0455 (Fla. 3d DCA January 8, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Support
When calculating retroactive child support, if there is evidence of the parties’ actual incomes for the retroactive period, the court usually must use the actual income rather than the parties’ current incomes. This is because it may be unfair to apply current incomes if one parent’s income was much lower or much higher during the retroactive period. This was an issue in the case Rouson v. DOR, 2D2024-0107 (Fla. 2d DCA January 3, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
A home that is owned by one spouse prior to marriage is that spouse’s separate, non-marital property. But if a mortgage was paid on the home during the marriage with marital funds, the non-owning spouse is likely owed a credit in equitable distribution for the payment of those funds. This was an issue in the case Kerrigan v. Page, 2D2023-2186 (Fla. 2d DCA December 27, 2024).
Posted by Nydia Streets of Streets Law in Florida Paternity
If a man listed on a birth certificate in Florida, and later DNA testing confirms he is not the biological father, is he automatically removed from the birth certificate? The short answer is no, because biology alone does not determine legal paternity in Florida. This was an issue in the case Bronner v. Longden, 4D2024-0638 (Fla. 4th DCA December 18, 2024).
Posted by Nydia Streets of Streets Law in Holidays
A very happy new year to you and yours! We wish you a healthy, loving, and prosperous new year. Enjoy!
Posted by Nydia Streets of Streets Law in Florida Child Custody
What is the effect of a default in a Florida child custody case? Despite a default, a court must find that parenting plan is in the best interest of a child. Rather than relying on a technicality such as a default, the court must still determine that, for example, a change in time-sharing is in the best interest of a child. This was an issue in the case Oria v. Velastegui, 3D24-1169 (Fla. 3d DCA December 18, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
In a recent appellate case, an interesting issue arose in which the former husband sold his interest in the marital home (which was in foreclosure at the time) to a company owned by his mother and then deposited the sale proceeds into the court registry in an attempt to redeem the property. On appeal was the court’s ruling that the sale proceeds were subject to distribution in the divorce, and the court denied the former husband’s mother’s company’s motion to intervene and stay disbursement of those funds. The case is Meruelo v. Meruelo, 3D23-0617 (Fla. 3d DCA December 18, 2024).
Posted by Nydia Streets of Streets Law in Holidays
Happy Kwanzaa! Today we reflect on the seven principles of this holiday.
Posted by Nydia Streets of Streets Law in Holidays
It’s the most wonderful time of the year! Merry Christmas and Happy Hannukah to you and yours. May this day bring you the love of family and the gift of gratitude.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Issues that are ruled on at a hearing in a Florida family law hearing must be requested in the pleadings filed by the parties or tried by consent. To determine whether an issue was tried by consent, the following factors are considered: “(1) ‘whether there was 'a fair opportunity to defend' the issue’ and (2) ‘whether the defending party 'could have offered additional evidence' if the issue had been included in the operative pleading or motion." Campana v. Trabold, 2D2024-0216 (Fla. 2d DCA December 18, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
How is a pension divided in a Florida divorce? It may seem difficult to divide a pension when a spouse is not yet retired, and therefore the amount to which the spouse is entitled is not yet known. However there are generally two methods in Florida for distributing a future pension benefit in a Florida divorce: “The first is to order an ‘immediate offset,’ in which the court distributes the portion of the pension's present value that was earned during the marriage. [internal citation omitted]. This marital interest is calculated by multiplying the present value of the pension by a ‘coverture fraction’ in which the denominator is the total time the employee has participated in the retirement plan and the numerator is the time the employee has been married during that participation. Id. [. . .] The other, simpler option is a ‘deferred distribution.’ Under this approach, the court must have evidence of the amount of the employee's benefit assuming ‘he retired on the date of the final hearing without any early retirement penalty.’ Id. ‘The court then multiplies this dollar amount by the percentage to which the other spouse is entitled.’ Id. This results in a fixed dollar amount that is to be deducted and paid to the other spouse each time the pension holder receives a pension benefit.” Pension valuation and distribution was discussed in the case Cancel v. Cancel, 2D2023-0471 (Fla. 2d DCA December 18, 2024).
Posted by Nydia Streets of Streets Law in Florida Prenuptial Agreements
When a spouse files a motion to set aside a prenuptial agreement, this may mean a divorce case is paused on certain issues until the court makes a decision as to the validity of the agreement. This was an issue in the case Smith-Fullerton v. Fullerton, 5D2024-0855 (Fla. 5th DCA December 6, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Loans from family members to one spouse or both may be a common occurrence. How are these loans treated in equitable distribution during a Florida divorce? This was an issue in the case McHugh v. McHugh, 5D2023-3130 (Fla. 5th DCA December 6, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Sometimes an automatic assumption in a Florida family law case is that if one party earns significantly more income than the other party or otherwise has a surplus of funds after monthly expenses, that party should be ordered to pay the attorney’s fees of the other party. But this is just one part of the analysis, as illustrated in the case Thomas-Jones v. Jones, 5D2023-1080 (Fla. 5th DCA December 6, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Support
Is a Florida family law court required to assign the tax dependency exemption between the parents? If the parents present enough evidence for the court to make this determination, the court can assign the exemption. However in the absence of assignment, the default rule is that the exemption is awarded to the parent who has majority time-sharing. This was an issue in the case Leonard v. Gordon, 4D2024-1309 (Fla. 4th DCA December 11, 2024).
