Posted by Nydia Streets of Streets Law in Florida Child SupportCan retroactive child support be awarded for a child who has reached the age of majority? A recent case analyzes this issue, taking into account the language of the Florida Statutes. The case is Dept. of Revenue v. E.P., 2D22-4083 (Fla. 2d DCA November
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Florida domestic violence injunction: insufficient notice of hearing
Posted by Nydia Streets of Streets Law in Florida Domestic ViolenceHow much notice is sufficient for a domestic violence injunction hearing? Due process requires that each party be given fair and adequate notice to be heard before adverse action is taken against them. This was an issue in the case Garrison v. Williamson, 5D22-2695…
Florida domestic violence injunction: Proving substantial emotional distress in a stalking case
Posted by Nydia Streets of Streets Law in Florida Domestic ViolenceAs it relates to stalking in Florida, section 784.048(1)(a) of the Florida Statutes defines the term “harass” as “to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.” What…
Temporary time-sharing order versus a permanent parenting plan
Posted by Nydia Streets of Streets Law in Florida Child CustodyDoes the same standard apply to a temporary custody order as it does to a final custody order when it comes to modifying the order? Judges usually have wider discretion with temporary relief orders because the orders are temporary and issues can be corrected…
The importance of having a transcript of your Florida family law hearing
Posted by Nydia Streets of Streets Law in Florida Family Law ProcedureHow important is it to have a transcript of your Florida family law hearing? If you want to appeal the court’s decision, a transcript is usually required. Without it, the appellate court may decline to review the merits of your case. This was…
Trial of issues by consent in a Florida child custody case
Posted by Nydia Streets of Streets Law in Florida Child CustodyDue process usually requires that all parties be on notice as to what will be considered at trial. Notice is typically given via the pleadings. If a party tries to request something at a hearing or trial that was not included in their pleadings,…
Enforcing a Florida prenuptial agreement
Posted by Nydia Streets of Streets Law in Florida Prenuptial AgreementsWhen it is time to enforce a prenuptial agreement, the court will rely on the clear and unambiguous terms of the agreement in determining what is owed to either party. If the parties agree to resolve their disputes via arbitration in their prenuptial agreement,…
Offsetting Florida alimony arrears with Florida child support arrears
Posted by Nydia Streets of Streets Law in Florida AlimonyTerminating alimony in Florida usually requires the filing of a petition for modification or termination. Many times, a hearing is not held for several months or more than a year after the date the petition is filed. If the court decides alimony should be modified…
Florida child custody: summary judgment on petition for modification of parenting plan
Posted by Nydia Streets of Streets Law in Florida Child CustodyModification of a Florida parenting plan requires the parent seeking modification to show “(1) circumstances have substantially and materially changed since the original time-sharing determination, (2) the change was not reasonably contemplated by the parties, and (3) the child’s best interests justify changing the…
Transferring Florida child custody jurisdiction to another state
Posted by Nydia Streets of Streets Law in Florida Child CustodyWhen a parent moves out-of-state with a child after Florida has made an initial child custody determination, can the other state assume jurisdiction over the child for purposes of entering further orders concerning child custody? The answer depends on factors listed in chapter 61.515…