Standard for changing a child's name in Florida
Streets Law, LLC Blog
by Nydia Streets
1M ago
Posted by Nydia Streets of Streets Law in Name Change Even when parents agree to change a minor child’s name in Florida, a court must make a finding that the change is in the best interest of the child. Changing a minor’s name was an issue in the case In Re: Name Change of M.T.F., 4D2024-0808 (Fla. 4th DCA January 15, 2025 ..read more
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Requirements for modification of Florida child support
Streets Law, LLC Blog
by Nydia Streets
1M ago
Posted by Nydia Streets of Streets Law in Florida Child Support According to Florida law, “A petition for modification of child support need only allege a substantial change in either the child’s needs or one of the parent’s income.” Vincent v. Vincent, 715 So. 2d 1147, 1148 (Fla. 4th DCA 1998). This was an issue in the case Ali v. Sanchez, 4D2024-0114 (Fla. 4th DCA January 15, 2025 ..read more
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Florida family law: Disqualification of a lawyer is an extraordinary remedy
Streets Law, LLC Blog
by Nydia Streets
1M ago
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure When can a lawyer be disqualified from representing a spouse in a Florida divorce case? Disqualification of a lawyer is an extraordinary remedy,. This was an issue in the case Phinney v. Phinney, 3D24-1314 (Fla. 3d DCA January 15, 2025 ..read more
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Imposition of constructive trust in post-judgment divorce matter
Streets Law, LLC Blog
by Nydia Streets
1M ago
Posted by Nydia Streets of Streets Law in Florida Divorce If a Florida marital settlement agreement obligates a spouse to hold funds in trust for the parties’ child, does the child have a right to enforce the agreement? This was an issue in the case Clark v. Clark, 3D24-0046 (Fla. 3d DCA January 15, 2025 ..read more
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Florida rehabilitative alimony requires specific plan
Streets Law, LLC Blog
by Nydia Streets
1M ago
Posted by Nydia Streets of Streets Law in Florida Divorce A rehabilitative alimony award requires a specific and defined rehabilitative plan to be stated in an order. Such a plan is aimed at “(1) [t]he redevelopment of previous skills or credentials; or (2) [t]he acquisition of education, training, or work experience necessary to develop appropriate employment skills or credentials.” § 61.08(6)(a)(1)-(2), Fla. Stat. (2023). The law requires that an order for this type of alimony address “the objective of rehabilitation, the costs of the plan, and the projected period necessary for [completion ..read more
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Request for Florida annulment denied in recent case
Streets Law, LLC Blog
by Nydia Streets
1M ago
Posted by Nydia Streets of Streets Law in Florida Annulment Florida does not have specific statutes that address annulment, and this area of law is based on common law. A plethora of appellate opinions give guidance on how to determine if a marriage can be annulled. Generally, impediments to marriage fall into two categories under Florida law - consent (invalidity or lack of consent) and capacity (to consent). Annulment was an issue in the case Rojas v. Londono, 3D24-0455 (Fla. 3d DCA January 8, 2025 ..read more
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Using actual income to calculate Florida retroactive child support
Streets Law, LLC Blog
by Nydia Streets
1M ago
Posted by Nydia Streets of Streets Law in Florida Child Support When calculating retroactive child support, if there is evidence of the parties’ actual incomes for the retroactive period, the court usually must use the actual income rather than the parties’ current incomes. This is because it may be unfair to apply current incomes if one parent’s income was much lower or much higher during the retroactive period. This was an issue in the case Rouson v. DOR, 2D2024-0107 (Fla. 2d DCA January 3, 2025 ..read more
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Florida divorce: payment of mortgage during marriage on non-marital home
Streets Law, LLC Blog
by Nydia Streets
1M ago
Posted by Nydia Streets of Streets Law in Florida Divorce A home that is owned by one spouse prior to marriage is that spouse’s separate, non-marital property. But if a mortgage was paid on the home during the marriage with marital funds, the non-owning spouse is likely owed a credit in equitable distribution for the payment of those funds. This was an issue in the case Kerrigan v. Page, 2D2023-2186 (Fla. 2d DCA December 27, 2024 ..read more
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Establishing Florida paternity for a non-biological father
Streets Law, LLC Blog
by Nydia Streets
1M ago
Posted by Nydia Streets of Streets Law in Florida Paternity If a man listed on a birth certificate in Florida, and later DNA testing confirms he is not the biological father, is he automatically removed from the birth certificate? The short answer is no, because biology alone does not determine legal paternity in Florida. This was an issue in the case Bronner v. Longden, 4D2024-0638 (Fla. 4th DCA December 18, 2024 ..read more
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Happy 2025!
Streets Law, LLC Blog
by Nydia Streets
1M ago
Posted by Nydia Streets of Streets Law in Holidays A very happy new year to you and yours! We wish you a healthy, loving, and prosperous new year. Enjoy ..read more
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