Posted by Nydia Streets of Streets Law in Florida child custody
Are children allowed to testify in a Florida family law case? If a judge deems it to be in the best interest of a child to be heard in court, the judge may allow the children to speak in chambers outside of the presence of the parents or other parties. However, certain parameters must be in place if the judge will rely on this testimony to make a decision in the case. Talarico v. Talarico, 3D20-0560 (Fla. 3d DCA April 22, 2020) goes over those parameters.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
There is little doubt that emotions are intertwined in Florida family law cases. Parties to these cases often feel frustrated and scared in the face of changes that are occurring regarding the most personal aspects of their lives. As a result, outbursts can occur, and somethings those happen during court proceedings. Such was the case in Manzaro v. D’Alessandro, 4D18-2178 (Fla. 4th DCA October 23, 2019).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What happens when a party does not show up to a hearing in a Florida family law case? Sometimes sanctions as severe as the striking of pleadings can occur. This means the claims or defenses asserted by the party in his or her petition or answer can be “erased” and treated as if they do not exist. This sanction is usually a last resort and is supposed to be used sparingly by courts. This happened to the former husband in the case Lattanzio v. Hoffmann, 3D18-934 (Fla. 3d DCA July 31, 2019).
Posted by Nydia Streets of Streets Law in Florida Divorce
Would a spouse be responsible for paying back the other spouse’s student loans in a Florida divorce? Many parties question this, because the thought is that the spouse earning the degree will continue to benefit from it to the exclusion of the other spouse well after the divorce. So why should the the non-degree-earning spouse have to pay for the loans that supported the degree? The recent case Gudur v. Gudur, 2D16-3127 (Fla. 2d DCA June 28, 2019) goes over this issue.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Once again, we see due process in action in Florida family law in the case Walters v. Petgrave, 4D18-446 (Fla. 4th DCA 2018). When the trial court in this case denied the mother the opportunity to present her case and then ruled based on the mother not presenting evidence, she appealed the trial court's final judgment.
Posted by Nydia Streets of Streets Law in Procedure
When presenting your Florida family law case to a court, it is crucial to know what evidence should be presented and how. Failure to present your case appropriately may result in you permanently waiving relief to which you may be entitled.
Posted by Nydia Streets of Streets Law in Child Support
Can a parent in prison be ordered to pay Florida child support? This was a topic discussed in the case Wilkerson v. Wilkerson, 220 So.3d 480 (Fla. 5th DCA 2017). When a parent is incarcerated, a dilemma arises wherein a child needs support, but the imprisoned parent is unable to earn a wage to pay that support.
Posted by Nydia Streets of Streets Law
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Posted by Nydia Streets of Streets Law in Procedure
Florida law discourages misconduct in litigation by allowing a party to seek attorney’s fees from the opposing party who prolongs litigation or otherwise acts unreasonably in a Florida divorce. But what type of misconduct rises to the level of such punishment? We review this question in the appellate case Myrick v. Myrick, 214 So.3d 769 (Fla. 2d DCA 2017) where the former wife was ordered to pay almost $100,000 in attorney’s fees to the former husband.
Posted by Nydia Streets of Streets Law in Divorce
What happens when a spouse's gambling addiction wreaks havoc on the family's finances? We review this issue in the case Viscito v. Viscito, 214 So.3d 736 (Fla. 3d DCA 2017) where the court considered the husband's gambling debts in equitable distribution and alimony determinations.
Posted by Nydia Streets of Streets Law in Child Support
What type of income is credited to a parent in calculating Florida child support? The answer is, pretty much all income. As illustrated in the case Schafstall v. Clifford-Schafstall, 211 So.3d 1108 (Fla. 2017), payments made toward living expenses by a third party on behalf of a parent can be credited to a parent for purposes of calculating child support.
Posted by Nydia Streets of Streets Law in Procedure
What happens if there is a trial in your Miami family law case, and then before the court enters the final judgment setting child support, you lose your job? This happened to one woman in Florida which led to her appealing the trial court's decision to deny her motion to receive new evidence.
Posted by Nydia Streets of Streets Law in Procedure
Knowing family law also means knowing the procedural rules the court has to follow in family law cases. On a basic level, the law requires that all parties be given notice of the proceedings and the right to be heard. In examining the appellate case Pinnock v. Whyte, 209 So.3d 71 (Fla. 3d DCA 2016) we understand where a Miami family court went wrong in failing to give a party the right to be heard.
Posted by Nydia Streets of Streets Law in Child Custody
When a Florida child custody case is contested, the court may decide to rely on a guardian ad litem to get to the bottom of the he-said, she-said that is usually prevalent when parties disagree about the facts. A guardian ad litem is a party who investigates and makes recommendations to the court concerning the best interest of the children involved.
Posted by Nydia Streets of Streets Law in Divorce
Similar to the way a Miami divorce court awards alimony to a spouse who needs it, attorneys’ fees can be awarded to a lesser-earning spouse. This is so that both spouses have equal opportunities to obtain legal help in divorce cases despite a disparity in incomes.
Posted by Nydia Streets of Streets Law in Child Support
As if the threat of jail time, suspension of a driver’s license and suspension of a professional license weren’t enough, a parent who owes Florida child support also faces the possibility of a bad credit score for failure to pay support.
Posted by Nydia Streets of Streets Law in Child Support
When a parent who owes Florida child support won’t pay, what’s the other parent to do? If the parent who owes support has a professional license or certificate, one remedy may be to petition a Miami child support court to suspend that license or certificate.
Posted by Nydia Streets of Streets Law in Child Custody
What if a parent moves far away without the permission of the court or the other parent who has time-sharing rights pursuant to court order? Florida law states a parent cannot relocate more than 50 miles from his/her residence without a court order or the written permission of the other parent when there is a court-ordered visitation schedule in place and/or a case is pending to establish one. Florida child custody laws provide a remedy for the parent whose time-sharing and parental rights are affected.
