Posted by Nydia Streets of Streets Law in Florida Divorce
Can I cash out my retirement account during my Florida divorce? Sometimes, parties deplete their savings, including retirement accounts, while a divorce case is pending. This is because unexpected and major expenses may arise such as attorney’s fees and increased living expenses. A party might fear that if he or she uses the money in retirement accounts, those amounts will be counted against him/her in equitable distribution, or the court may otherwise “punish” the party for doing so. This was an issue in the case Petrinic v. Petrinic, et. al., 4D21-1319 (Fla. 4th DCA June 22, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
Under Florida Rule of Family Law Procedure 12.540(b), a party can ask the court to set aside a court order based on: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial or rehearing; (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) that the judgment is void; or (5) that the judgment has been satisfied, released, or discharged, or a prior judgment on which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application. This rule states “The motion must be filed within a reasonable time, and for reasons (1), (2), and (3) not more than 1 year after the judgment, order, or proceeding was entered or taken; except that there will be no time limit for motions based on fraudulent financial affidavits in marital or paternity cases.” The timing of a hearing on this type of motion was an issue in the case Brooks v. Brooks, 3D21-1693 (Fla. 3d DCA June 8, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
What is a directed verdict in a Florida family law case? This is when the court declines to allow a party to present evidence and testimony about his or her case, and instead rules based on what has been presented by way of evidence from one side and perhaps argument from both sides. When is it proper for a court to grant a directed verdict? This was an issue in the case Olguin v. Torrecilla, 2D20-3509 (Fla. 2d DCA May 25, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
Will I be required to pay a Florida family law judgment in one lump sum? This is a question often asked by a party ordered to pay child support arrears, retroactive support or attorney’s fees. Whether or not a party has to pay a lump sum depends on the funds available to that party. This was an issue in the case Nizahon v. Nizahon, 4D21-1765 (Fla. 4th DCA May 25, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
How much in temporary attorney’s fees will a court require a party to pay in a Florida divorce? Determination of attorney’s fees is on a case-by-case basis, and the court must primarily analyze a party’s need for fees and the other party’s ability to pay fees. This was an issue in the case Hasson v. Hasson, 4D21-1282 (Fla. 4th DCA May 25, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
What will happen in my Florida divorce case? This is a question many wonder as they face the dissolution of their marriage. It may bring worry, anxiety and fear as you approach the unknown. But learning about what you can expect in a Florida divorce can help ease these feelings. One way to learn about what to expect is by reviewing Florida family law appellate cases. A recent case discusses equitable distribution and alimony requirements in a Florida divorce case: Smith v. Smith, 1D20-2419 (Fla. 1st DCA May 18, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
One party can be ordered to pay the other party’s attorney’s fees and costs for failure to comply with a Florida divorce judgment. Before a court can award fees and costs, it has to make certain findings such as the reasonableness of the amount of fees requested. This was an issue in the case Merriman v. Adler, 5D21-2372 (Fla. 5th DCA May 13, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
Are gifts given to a spouse during the marriage considered marital assets? Generally gifts are the separate property of the recipient spouse, excluding interspousal gifts (gifts given by spouses to each other during the marriage). The classification of a gift was an issue in the case Twigg v. Twigg, 2D21-543 (Fla. 2d DCA May 6, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
When calculating Florida child support and alimony obligations, careful review of a party’s income and allowable deductions is important to ensure that a party is not overpaying or underpaying support. When a party is self-employed or has a complicated compensation scenario, it may be necessary to enlist an accountant to help with calculations and determination of income. The calculation of modified support was an issue in the case Graham v. Graham, 5D21-1389 (Fla. 5th DCA April 22, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
Alimony and child support can be awarded on a temporary basis while a Florida family law case is pending. It is important that an order awarding temporary support specifies how much of the payment is for alimony and how much of it is for child support. This was an issue in the case Shaw v. Shaw, 4D21-2556 (Fla. 4th DCA April 6, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
Can a spouse use funds in a joint account while a divorce is pending in Florida? Once a divorce case is filed, many courts in Florida have what is known as a status quo order. This order directs the parties not to disturb the status quo so that, for example, a spouse’s health insurance is not cancelled from one day to the next. This status quo rule may apply to funds in accounts. The use of cash is an issue discussed in the case Briggs v. Briggs, 1D21-1592 (Fla. 1st DCA April 20, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
What is considered a marital asset or debt in Florida? Generally any assets or debts acquired from the date of marriage until the date of filing for divorce are considered marital and jointly-owned or owed. A tax refund that was given to the former husband after the filing of the petition for divorce was disputed as marital property in the case Padmore v. Padmore, 2D20-3312 (Fla. 2d DCA March 23, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
Sometimes, a party may be required to pay interest to another party in a Florida divorce case if a payment is overdue. The rate of interest depends on if the parties had a contract specifying the rate. How is the interest calculated? This was an issue in the case Langsetmo v. Metza, 4D21-717 (Fla. 4th DCA March 9, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
The terms of a Florida marital settlement agreement will be enforced under contract law. The unambiguous terms of a contract are enforceable as written, therefore it is important that the right words are used to convey the intent of the parties. A court cannot rewrite the terms of a valid and enforceable marital settlement agreement. This was an issue in the case Orth v. Orth, 3D21-458 (Fla. 3d DCA March 30, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
The story of a Florida family law case is just one aspect of it. It is also important that whether a party has a lawyer or not, he or she follows the procedural rules in place to ensure that the court is able to hear his or her story. This was an issue in the case Preudhomme v. Bailey, et. al., 4D20-2370 (Fla. 4th DCA February 23, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
How long does a party have to enforce a Florida divorce agreement or judgment? There is a time limit, called a statute of limitations. According to the Florida Statutes, “[a]n action on a judgment or decree of a court of record in this state” must be commenced “[w]ithin twenty years.” 1 § 95.11(1), Fla. Stat. (2020). Waiting too long to take action may result in a party not being able to obtain the relief he or she received from the court. This was an issue in the case Rai v. Rai, 5D21-751 (Fla. 5th DCA February 11, 2022).
Posted by Nydia Streets of Streets Law in Florida Florida Divorce
What is a constructive trust in a Florida divorce? This is a remedy available to a party who claims ownership to property which is titled in someone else’s name. For example, a court may impose a constructive trust in favor of a spouse when a marital home is titled in the name of someone other than the spouses, such as in-laws or other relatives. This was an issue in the case Silvas v. Silvas, 4D21-373 (Fla. 4th DCA February 16, 2022).
Posted by Nydia Streets of Streets Law in Florida Florida Divorce
When a party’s attorney withdraws from representation before trial, is this a basis for the court to grant a continuance of the trial? The answer depends on many factors, but generally, a court has discretion in determining if a continuance should be granted. This was one issue in the case Belanger v. Belanger, 4D21-1243 (Fla. 4th DCA February 16, 2022).
Posted by Nydia Streets of Streets Law in Florida Florida Divorce
When a party to a Florida divorce is accused of vexatious litigation, it means they are being accused of taking positions that are unreasonable and/or not supported by the law. If a court finds that a party was vexatious, that party can be ordered to pay the other party’s attorney’s fees and costs. This was an issue in the case Alvarez v. Salazar, 4D20-1363 (Fla. 4th DCA February 9, 2022).
Posted by Nydia Streets of Streets Law in Florida Florida Divorce
In a Florida divorce case, equitable distribution is usually something that needs to be decided, no matter how long the parties were married. Equitable distribution concerns the division of assets and debts that were acquired from the date of marriage until the date of filing for divorce. It also concerns assets and debts owned or owed separately by each spouse. This was one of the issues in the case Lifaite v. Charles, 4D21-1038 (Fla. 4th DCA February 9, 2022).
