Posted by Nydia Streets of Streets Law in Florida Family Law ProcedureWhat is a dismissal with prejudice in a Florida family law case? This means the case is dismissed and cannot be filed again. So the claims are forever barred. This is one of the harshest penalties in litigation, so it must be used
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Florida child support: Use of prior income to modify support
Posted by Nydia Streets of Streets Law in Florida Child SupportIn a Florida administrative child support proceeding, the parties usually submit evidence of income by mail and proceedings are handled without a court hearing. What happens if the evidence submitted is ignored? This was an issue in Perez v. DOR, 3D23-1820 (Fla. 3d DCA…
Modifying nominal alimony in Florida
Posted by Nydia Streets of Streets Law in Florida AlimonyWhen nominal alimony is awarded in a Florida divorce, the alimony recipient may wonder when it is time to petition for an increase in alimony. This was an issue in the case Cipollina v. Cipollina, 2D22-28 (Fla. 2d DCA January 19, 2024). The parties’ final…
Florida child custody: Letting a guardian ad litem decide a parenting plan
Posted by Nydia Streets of Streets Law in Florida Child CustodyCan a guardian ad litem in a Florida child custody case determine what the parenting plan will be? Guardians ad litem play an important role in helping a court understand what issues are present between parties and the best interest of a child. But…
Florida family law: When one party is not permitted to present evidence
Posted by Nydia Streets of Streets Law in Florida Family Law ProcedureBoth parties to a Florida family law proceeding should have the same opportunity to present their cases. When one party is given the right to present evidence, but the other is not, this may result in a due process violation. This was an…
Florida family law: appealing a final judgment that granted the relief you wanted
Posted by Nydia Streets of Streets Law in Florida Child CustodyWhat happens when you appeal a Florida family law case that was resolved in your favor? This was an issue in the case Kilcrease v. Brown, 1D2022-3620 (Fla. 1st DCA March 6, 2024)The parties were involved in child custody litigation in Oklahoma. The Oklahoma…
Withdrawing funds from a bank account in anticipation of a Florida divorce
Posted by Nydia Streets of Streets Law in Florida DivorceWhen parties are planning to divorce in Florida, they may wonder what rights they have to withdraw money from joint bank accounts. Parties may be concerned that a court can “punish” them for removing funds from an account or that if they do not remove…
Florida Child Custody: The UCCJEA and grandparent visitation rights
Posted by Nydia Streets of Streets Law in Florida Child CustodyFlorida law generally recognizes the right of parents to raise their children without interference from third parties. This is why grandparent visitation rights in Florida are limited. Florida Statute Chp. 752 discusses limited circumstances in which a grandparent may seek visitation with children. Another…
Florida divorce: required findings for equitable distribution
Posted by Nydia Streets of Streets Law in Florida DivorceWhat findings are required in a Florida divorce judgment concerning equitable distribution? According to Florida Statute Chp. 61.075, In any contested dissolution action wherein a stipulation and agreement has not been entered and filed, any distribution of marital assets or marital liabilities shall be supported…
Florida divorce: the intersection of alimony and equitable distribution
Posted by Nydia Streets of Streets Law in Florida DivorceEquitable distribution in a Florida divorce can be related to an alimony award. For example, a court might award marital property to one spouse in full as lump sum alimony. The court must also take into account what is awarded in equitable distribution before an…