Miami family law attorney blog
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Divorce
Posted by Nydia Streets of Streets Law in Florida Divorce
When a party seeks to impute income to the other party in a Florida divorce, the court must consider relevant factors such as the party’s work history and realistic earning capacity. In the case Tutt v. Hudson, 2D19-1437 (Fla. 2d DCA June 24, 2020), the former husband appealed an order which imputed income of $500.00 per day to him.
Posted by Nydia Streets of Streets Law in Florida Divorce
Is a spouse responsible for debts incurred by the other spouse in a Florida divorce? Generally, debts incurred during the marriage are considered marital debts for which both spouses are responsible, even if the debt is only in one spouse’s name. There are exceptions to this rule, however, as illustrated in the case Dampier v. Dampier, 1D19-3016 (Fla. 1st DCA June 24, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
Property acquired by either spouse before a marriage or after a petition for divorce has been filed is presumed to be that spouse’s non-marital property. This is because it falls outside of the definition of marital property which is defined as that acquired during the marriage. The same goes for liabilities. We see this in the case Jackson v. Blazer, 2D17-4686 (Fla. 2d DCA June 3, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
Retroactive child support must be addressed by a Florida family court when it is requested by either parent. Since Florida law considers child support to be a right that belongs to a child, parents are usually not allowed to waive child support payments. This issue was explored in the case Johnson v. Johnson, 1D19-430 (Fla. 1st DCA June 15, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
When it comes to filing a motion for contempt in a Florida divorce, it is important to understand what matters are enforceable by contempt. Equitable division matters are typically not enforceable by contempt under Florida law, however, support issues may be pursued via a contempt motion. In the case Vinson v. Vinson, 1D18-2602 (Fla. 1st DCA May 18, 2020), the former husband appealed an order of contempt against him that was based on a since-reversed order clarifying the nature of payments to be made under a final judgment of divorce.
Posted by Nydia Streets of Streets Law in Florida Divorce
Temporary alimony awards are made in a Florida divorce to give immediate relief to a spouse needing financial support. If a party had to wait until the final hearing or trial in the divorce case, it may take several months or years to get to that hearing, and in the meantime, the party is without sufficient funds to maintain good financial standing. An award of temporary alimony was appealed in the case Jones v. Jones, 5D19-3463 (Fla. 5th DCA May 22, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
Can a party receive credit toward paying joint expenses during a Florida divorce? This was an issue in the case Ianni v. Ianni, 5D18-3082 (Fla. 5th DCA May 8, 2020) in which the former husband appealed a final judgment of divorce.
Posted by Nydia Streets of Streets Law in Florida Divorce
In a recent case in which the former husband appealed a Florida final judgment of divorce, the court analyzed equitable distribution, alimony and life insurance issues. The case is Van Maerssen v. Gerdt, 4D19-133 (Fla. 4th DCA May 6, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
What is considered non-marital or separate property in a Florida divorce? Generally assets acquired before marriage, acquired with non-marital funds, or acquired by gift or inheritance are separate assets belonging to the spouse who owns them. It is possible for a court to mistakenly identify separate or non-marital assets as marital, as happened in the case Street v. Street, 2D18-283 (Fla. 2d DCA May 1, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
In a Florida divorce case, the court seeks to award each spouse his or her fair share of the marital estate through a process known as equitable division. It is important to remember that equitable does not always mean equal. In the case Jones v. Jones, 5D19-879 (Fla. 5th DCA May 1, 2020), the former wife appealed the court’s equitable distribution ruling, imputation of income to her, and the denial of her claim for attorneys’ fees and costs.
Posted by Nydia Streets of Streets Law in Florida Divorce
For a Florida court to have the power to divorce a couple, one or both of the spouses must have resided in Florida for the six months immediately preceding the filing for dissolution. When parties split time between residences in Florida and other states or countries, this can make it difficult to ascertain the true residence of the parties. This issue arose in the case Mejia v. Mejia, 4D19-3847 (Fla. 4th DCA April 29, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
It is possible for mistakes to be made in a Florida final judgment of divorce. This is why parties have the right to revisit the judgment through the appellate process. In Diaz-Silveira v. Diaz-Silveira, 3D18-919 (Fla. 3d DCA April 29, 2020), the trial court’s final order was appealed regarding equitable distribution and attorneys’ fees.
Posted by Nydia Streets of Streets Law in Florida Divorce
When a party is owed an equalizing payment under a Florida divorce decree, can that party seek attorneys’ fees and costs under Chp. 61 of the Florida Statutes? According to a recent appellate case, the answer is no: Kolartz v. Kolartz, 1D18-4818 (Fla. 1st DCA April 27, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
A party who is owed payments under a Florida divorce agreement may be able to enforce those payments against the other spouse’s estate if the spouse passes away. This issue arose in the case Allen v. Estate of Allen, 4D19-2195 (Fla. 4th DCA April 22, 2020) in which the former wife sued the former husband’s estate to recover equitable distribution payments due to her under a marital settlement agreement.
Posted by Nydia Streets of Streets Law in Florida Divorce
A Florida divorce judgment is usually non-modifiable as it relates to equitable distribution. In Rhoulhac v. Francois, 4D19-1832 (Fla. 4th DCA April 22, 2020), the former wife filed a petition to recover her interest in the marital home, and the trial court dismissed her petition with prejudice, so she appealed.
Posted by Nydia Streets of Streets Law in Florida Divorce
Can discovery be limited in a Florida divorce? For the most part, when a party seeks discovery from the other party, there must be a showing that the discovery is relevant to the pending issues in the case. Discovery includes documents such as financial records, text messages and more. In the case Fagen v. Merrill, 2D19-2948 (Fla. 2d DCA April 17, 2020), the former husband appealed an order requiring him to produce certain financial records.
Posted by Nydia Streets of Streets Law in Florida Divorce
What does the six-month residency requirement for a Florida divorce mean? In order for a Florida court to have jurisdiction to enter a final judgment of divorce, one or both parties must have resided in Florida for at least the immediately preceding six months prior to the date of filing the petition for divorce. The definition of residency was in dispute in the case Lauterbach v. Lauterbach, 2D19-524 (Fla. 2d DCA April 15, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
A self-employed party in a Florida divorce will need to show evidence of income and business expenses when it comes to determining alimony and child support. In the case Carter v. Carter, 4D19-351 (Fla. 4th DCA April 15, 2020), the former husband appealed a final judgment which imputed income to him for purposes of determining his support obligations.
Posted by Nydia Streets of Streets Law in Florida Divorce
What is the purpose of a motion for rehearing in a Florida divorce case? In many instances, it is necessary to file a motion for rehearing in order to preserve appellate rights. By asking for a rehearing, a party is alerting the court that there are mistakes in the final judgment. Without giving the court the chance to fix those mistakes, the appellate court may not have jurisdiction to address any discrepancies in your final judgment. This was the issue in the case Russell v. Russell, 1D19-364 (Fla. 1st DCA April 9, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
If you believe there is an error in your Florida final judgment of divorce, what can be done? The answer depends on the specific facts of your case. One recent appellate case deals with this issue: Eaton v. Eaton, 1D19-0192 (Fla. 1st DCA March 23, 2020).
