Miami family law attorney blog
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Divorce
Posted by Nydia Streets of Streets Law in Florida Divorce
What income is considered in deciding how much to award in Florida alimony or child support? Florida Statute Chp. 61.30 lists payments that are considered income for purposes of calculating support. Included in that list are in-kind payments from an employer which reduce a party’s living expenses. This was a topic in the case Ortega v. Wood, 1D20-1534 (Fla. 1st DCA April 9, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
An unequal equitable distribution scheme in Florida must be supported by findings listed in Florida Statute 61.075. These factors include, but are not limited to: the economic circumstances of the parties; the duration of the marriage; any interruption of personal careers or educational opportunities of either party; and the contribution of one spouse to the personal career or educational opportunity of the other spouse. A court usually commits reversible error if there is an unequal distribution of marital assets and debts without findings in the final judgment that justify it. This was an issue in the case Fernandez-Tretiakova v. Fernandez, 4D19-3217 (Fla. 4th DCA March 17, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
Are personal injury settlement funds or awards considered marital property subject to division in a Florida divorce? The answer depends on how the funds are classified. If, for example, a portion or all of the funds are for a spouse’s pain and suffering, this would be considered that spouse’s separate property, not subject to division in a divorce. If, however, the funds are to compensate a spouse for lost wages, medical expenses, lost earning capacity, etc., those funds are generally considered marital property if the expenses and wages were or could have been incurred/due during the marriage. This was an issue in the case Roth v. Roth, 2D19-2559 (Fla.2d DCA March 3, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
Parties to a Florida family law case are usually required to file financial affidavits if there are financial issues involved. The affidavit is signed under the penalties of perjury, meaning if a party knowingly provides false information on the affidavit, he or she may be subject to criminal penalties. Additionally, a court can re-open a case if it is alleged a party filed a fraudulent financial affidavit or gave false testimony. This was an issue in the case Barrett v. Barrett, 5D20-946 (Fla. 5th DCA March 12, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
The cutoff date for classification of an asset as marital or non-marital is the date of filing a petition for dissolution of marriage or the date specified by a separation agreement. How does this rule apply to contributions to a marital retirement account made after the filing of a petition for divorce? This was an issue in the case Murphy v. Murphy, 2D18-4635 (Fla. 2d DCA March 12, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
The ability to request attorney’s fees extends beyond the trial level in a Florida family law case into the appellate level. A party can request both temporary and permanent attorney’s fees in a Florida appellate case, and requesting or failing to request one does not foreclose the other. This was an issue in the case Palmateer v. Palmateer, 2D19-4330 (Fla. 2d DCA March 10, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
It is the general rule of Florida family law that support obligations can be enforced via the court’s contempt powers, while equitable distribution obligations cannot be enforced by contempt. So it is important that a marital settlement agreement or final judgment unambiguously specifies the nature of payments being made. This was an issue in the case Suarez v. Suarez, 3D20-611 (Fla. 3d DCA March 3, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
Sometimes parties do not want to wait until a final judgment is entered to divide assets. This may be because a spouse wishes to liquidate assets for expenses. When this is a case, a party has to file a motion for an interim partial distribution. There must be a showing of good cause to support such a request. This was an issue in the case Calvarese v. Calvarese, 4D20-1662 (Fla. 4th DCA March 3, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
How does a Florida divorce court determine the value of a business owned by the spouses? How about goodwill in the business? Goodwill refers to the value of the business attributable to the efforts and reputation of a spouse - that is, how much of the business’ value and revenue is due to a spouse’s interactions with customers or reputation in an industry? These were issues in the case King v. King, 1D19-3280 (Fla. 1st DCA March 4, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
Even after a Florida marital settlement agreement is entered, parties can be back in court for enforcement issues or clarification of terms of the agreement. When a party does not follow the agreement, that party may be subject to contempt of court or enforcement remedies. In the case Schuenzel v. Schuenzel, 3D19-2377 (Fla. 3d DCA February 17, 2021), former spouses were back in court on the issue of the former wife’s failure to pay certain expenses toward the marital home.
Posted by Nydia Streets of Streets Law in Florida Divorce
Will my spouse be responsible for paying my attorney’s fees in my Florida divorce? This is a question asked by many as they contemplate filing for a dissolution of marriage. The answer depends on the earning levels of both parties, as well as the behavior of each party during the litigation. This issue was appealed in the case Shaw v. Shaw, 1D20-1600 (Fla. 1st DCA February 18, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a party intentionally wastes marital funds, this is called dissipation. If a court finds that dissipation has occurred, a court should award half of the dissipated funds to the innocent spouse or credit the full value of the dissipated asset to the offending spouse in the equitable distribution scheme. This was an issue in the case Peterson v. Peterson, 2D19-181 (Fla. 2d DCA February 5, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
Miami is a city with international ties, so it is no surprise that many divorce cases here involve other countries. Parties who obtain a divorce decree in another country may argue that a Miami divorce court has no subject matter jurisdiction to decide divorce issues. This was a question in the case Armand v. Amisy, 3D20-605 (Fla. 3d DCA February 10, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
If two spouses own property in Florida along with a third party such a parent of either spouse, how is that property divided in a Florida divorce? The answer to this questions starts with having the appropriate parties named in the divorce case. A third party who claims ownership to any marital property may file a motion to intervene in the case. This was an issue in Bailey v. Bailey, 4D19-3459 (Fla. 4th DCA January 27, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
Equitable Distribution and alimony and two common components of a Florida divorce, especially when the parties have been married for a long time. Alimony must be based on the net incomes of the parties, and factors such as the age and health of the parties, and the lifestyle established during the marriage have to be considered. Distribution of marital assets and debts begins with the premise that division should be equal, but there are factors that call for unequal distribution. These were issues in the case Ritacco v. Ritacco, 4D19-809 (Fla. 4th DCA January 27, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
Sometimes after parties are divorced, they choose to maintain financial ties with each other. While this sometimes works out well for both parties, it may give rise to costly future litigation when it does not work out. Such was the case in Greenshields v. Greenshields, 5D19-758 (Fla. 5th DCA January 22, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
In a Florida divorce case that involved a dispute over responsibility for payment of fines levied against an improperly moored boat, the former spouses also disputed alimony and equitable distribution. This is discussed in the case Frank v. Frank, 3D19-1705 (Fla. 3d DCA January 6, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
In a recent Florida family law appellate case, issues regarding alimony, child support and a parenting plan were appealed, leading to reversal of the trial court’s final judgment of divorce. Notably, the former husband successfully argued that the amount of alimony awarded to him was unsupported, that the child support calculations appeared to be arbitrary, and the agreed-upon parenting plan should have been adopted by the court. Today we review the case Garcia v. Espinosa, 3D20-265 (Fla 3d DCA January 6, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
Before assets and debts can be divided in a Florida divorce, a court must make a determination of what is non-marital versus marital property or debt. The court must also value each asset and debt. Generally, the court starts with the proposition that each party should receive half of the marital estate. However, there are factors for the court to consider in deciding that distribution should be unequal. The case Rennert v. Rennert, 2D18-3906 (Fla. 2d DCA December 16, 2020) is one which reiterates this requirement for equitable distribution and examines the nature of non-marital property which is paid down with marital funds.
Posted by Nydia Streets of Streets Law in Florida Divorce
What happens if a party repeatedly fails to abide by a court order in a Florida divorce case? One of the most drastic sanctions a court can impose is a default or striking of a party’s pleadings. The entry of a default means the well-pled allegations of the petitioner’s complaint are accepted as true. A default can essentially prevent a party from asking for relief from the court and can prevent the assertion of defenses a party might have to accusations from the other party. The standard for entry of a default is examined in the case Aponte v. Wood, 4D19-3370 (Fla. 4th DCA December 16, 2020).
