Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Alimony
Can parties agree outside of court to modify alimony payments? The best practice, to avoid any disputes or confusion later, may be for the parties to modify an alimony obligation through the court and with an court order. However, agreements to modify alimony payments outside of court can be upheld. This was an issue in the case Fernandez v. Kivimaki, 2D2023-1129 (Fla. 2d DCA August 21, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can a Florida court temporarily modify a child custody determination? Depending on the circumstances, a temporary order may be entered to protect a child. But if there is no emergency, a court may not be able to modify a child custody determination without a properly filed petition for modification. This was an issue in the case Radko v. Levi, 4D2024-0162 (Fla. 4th DCA September 4, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can a court award shared parental responsibility and ultimate decision-making authority at the same time? Shared parental responsibility means both parents must confer and jointly make decisions regarding their child. Ultimate decision-making authority means that although the parties must confer, only one parent ultimately makes the decision if they disagree. This was an issue in the case Johnson v. Johnson, 4D2023-3111 (Fla. 4th DCA September 4, 2024).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What is an involuntary dismissal in a Florida family law case? This is what happens when the court dismisses a petition, rather than the party him or her self voluntarily dismissing or withdrawing the case. For example, a party can seek an involuntary dismissal by arguing to the court that the other party has not shown that he or she would ultimately prevail if there was a full trial. This was an issue in the case Schulmann v. Schulmann, 4D2023-1206 (Fla. 4th DCA September 4, 2024).
Posted by Nydia Streets of Streets Law in Florida Alimony
When a modification of Florida alimony is sought, there are different considerations from those applied when alimony is originally ordered. Establishment of alimony is governed by Florida Statute 61.08 which modification of alimony is governed by Florida Statute 61.14. This was an issue in the case Beans v. Beans, 1D2021-3358 (Fla. 1st DCA September 18, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Normally, parents in Florida are not required to fund college education. A divorce judgment or child support order cannot, therefore, force a parent to promise to pay college tuition or expenses for a child. But parties are allowed to agree to do this. Enforcement of payments to a college savings plan was an issue in the case Shernoff v. Shernoff, 4D2023-1704 (Fla. 4th DCA August 28, 2024).
Posted by Nydia Streets of Streets Law in Florida Alimony
When a party wants to enforce an alimony judgment that was entered in another state, does Florida law apply to the matter or the law of the state where the alimony was established? In the case Lavinder v. Bryson, 1D2023-2022 (Fla. 1st DCA August 21, 2024), the trial court applied Alabama law in resolving a dispute between former spouses over alimony payments.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When considering appealing a Florida family law order, knowing the deadlines for appeal and filing of various motions is important. Failure to follow these strict deadlines may result in the dismissal of an appeal, even one that may have merit. This was an issue in the case Jamison v. Knox, 5D2024-0934 (Fla. 5th DCA August 9, 2024).
Posted by Nydia Streets of Streets Law in Florida Adoption
Generally, adoption records in Florida are sealed, meaning they cannot be viewed by the public. A petition can be filed to release information from the file, but certain requirements and steps must be filed. This was an issue in the case Janik v. In re: The Adoption of M.D.J., etc., 3D23-1680 (Fla. 3d DCA August 14, 2024.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Attorney’s fees can be awarded to a spouse in a Florida divorce case based on the relative financial status of the spouses. The spouse who is the higher earner may be ordered to pay attorney’s fees for the lower-earning spouse. This was an issue in the case Feliz v. Negron-Chavez, 2D2023-1241 (Fla. 2d DCA August 9, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Can a final judgment of divorce in Florida reserve jurisdiction on further equitable distribution on some future date? This was an issue in the case Saxon v. Saxon, 2D2023-0117 (Fla. 2d DCA August 7, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
A spouse who pays all of the expenses on a marital home may feel he or she is entitled to all equity in the home. However, this may not be the case because of Florida equitable distribution laws. The case Bellegarde v. Bellegarde, 4D2023-3133 (Fla. 4th DCA August 7, 2024) sheds light on this issue.
Posted by Nydia Streets of Streets Law in Florida Divorce
Can a spouse remove funds from a joint bank account once spouses separate? This is a common issue where one spouse is afraid the other spouse will empty an account and leave nothing in the account. This was an issue in the case Molina v. Molina, 4D2023-2629 (Fla. 4th DCA August 7, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
If a party to a divorce is being assisted by a relative in paying for living expenses and/or attorney’s fees, does this mean that party would not be entitled to an award of temporary alimony and/or attorney’s fees? This was an issue in the case Zalkin v. Zalkin, 4D2023-2245 (Fla. 4th DCA August 7, 2024).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
In Florida, “[t]o establish a showing of ‘stalking’ under the statutes, a petitioner must show evidence of ‘repeated acts’ of ‘following, harassment, or cyberstalking.’” Hoover v. Peak, 1D2023-2529 (Fla. 1st DCA August 7, 2024) (internal citations omitted). This recent appellate case analyzes a stalking injunction entered against a father who was attending his daughter’s school orientation.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Inconsistencies in a Florida family law final judgment can leave the parties in a place of uncertainty. This is why it may be important to address inconsistencies through appropriate filings with the court, especially as it relates to the best interest of children. This was an issue in the case Dowers v. Johnson, 4D2024-0493 (Fla. 4th DCA July 31, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can a parent be held in contempt for attending a child’s extracurricular activities on days that the parent does not have time-sharing? The answer depends on what the parenting plan says. Most parenting plans do not prohibit a parent from doing this. This was an issue in the case Izard v. Bois, 4D2023-2502 (Fla. 4th DCA July 31, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Inconsistencies in a Florida family law order are subject to reversal by an appellate court. In the case Landero v. Landero, 2d2023-2014 (Fla. 2d DCA July 19, 2024), there were errors concerning the child support calculation and the time-sharing schedule.
Posted by Nydia Streets of Streets Law in Florida Same-Sex Family Law
Same-sex couples might decide to use assisted reproductive technology to have children. Florida law is unfortunately not clear on the rights of both parents in this situation, even when the parents are married. A recent appellate case certifies conflict with another case concerning the legal status of those who use artificial insemination or similar methods to bear children: Rivera v. Salas, 2D2022-4066 (Fla. 2d DCA July 19, 2024).
Posted by Nydia Streets of Streets Law in Florida Paternity
Once paternity of a child is established, there are limited circumstances under which paternity can be disestablished. Florida generally recognizes out-of-state orders establishing paternity. Disestablishment of paternity was an issue in the case Gragg-Rivera v. Gragg, 5D2023-1566 (Fla. 5th DCA July 12, 2024).
