Posted by Nydia Streets of Streets Law in Florida Family Law Procedure Can financial help from relatives be considered income in a Florida family law case? If the help is regular and expected to continue, it can be considered income that is imputed to a party for purposes of determining alimony and child support. This was an issue in the case Levy v. Levy, 3D22-1980 (Fla. 3d DCA March 6, 2024). In this post-judgment litigation concerning time-sharing, the parties apparently spent hundreds of thousands of dollars in attorney’s fees and costs. The former wife requested that the former husband pa ..read more

Posted by Nydia Streets of Streets Law in Florida Family Law Procedure When a party files a petition and requests attorney’s fees and costs based on the relative financial standing of the parties, is the request for fees dismissed if the petition is ultimately dismissed? This was an issue in the case Pimienta v. Rosenfeld, 3D22-1938 (Fla. 3d DCA February 28, 2024). The mother filed a petition to modify the parenting plan. The father filed a motion to dismiss the petition which was granted. Although the mother filed motions for attorney’s fees based on the relative financial standing of the par ..read more

Posted by Nydia Streets of Streets Law in Florida Alimony What happens when a court premises its ruling on a prior order which has been reversed by an appellate court? This was an issue in the case Kritzman v. Kritzman, 3D22-1418 (Fla. 3d DCA February 28, 2024). The parties’ marital settlement agreement obligated the former husband to pay permanent alimony to the former wife amounting to one-third of his annual income. The former wife filed a motion to enforce alleging the former husband had not paid. The former husband was eventually ordered to pay $2,000 per month toward his arrears and an e ..read more

Posted by Nydia Streets of Streets Law in Florida Divorce Words are important in a Florida marital settlement agreement. It is important to capture the true intent of the parties in the language used because not doing so may have unintended consequences. This was an issue in the case Bartolotta v. Bartolotta, 2D23-645 (Fla. 2d DCA February 28, 2024). The parties entered a marital settlement agreement which was ratified by final judgment in 2022. Part of the marital settlement agreement stated 5.4 HUSBAND'S RETIREMENTS. Husband's retirement benefits and entitlements through his 457 plan throug ..read more

Posted by Nydia Streets of Streets Law in Florida Alimony What does it mean to suspend or abate a Florida alimony obligation? This means the payor is experiencing temporary hardship that affects his or her ability to pay such as the loss of employment or temporary disability. This issue must be properly brought before the court to be considered. This was an issue in the case Pappas v. Pappas, 2D22-1791 (Fla. 2d DCA February 23, 2024). The former wife was ordered to pay alimony in the parties’ original divorce proceedings. She filed a petition for modification alleging that she was demoted at w ..read more

Posted by Nydia Streets of Streets Law in Florida Family Law Procedure What happens if an attorney misses a scheduled hearing in a Florida family law case? One of the harshest sanctions that can be imposed is dismissal of a case. If the attorney can prove mistake, inadvertence, or excusable neglect, the case should not be dismissed. This was an issue in the case Little v. Turnbow, 5D23-2441 (Fla. 5th DCA February 9, 2024). A case management conference was set in this matter at which the parties and/or their attorneys were apparently ordered to appear. Counsel for the plaintiffs did not appear ..read more

Posted by Nydia Streets of Streets Law in Florida Prenuptial Agreements One key characteristic of a Florida prenuptial agreement is that it can resolve disputes in advance. For example, this agreement can decide how a home is divided between the parties at divorce. Enforcement of a prenuptial agreement was an issue in the case Dalmazzo v. Dalmazzo, 3D22-2072 (Fla. 3d DCA January 31, 2024). In this divorce case, the husband sought to enforce the parties’ prenuptial agreement which in pertinent part allowed him to exercise a buy-out of the marital home. A final judgment of dissolution of marriag ..read more

Posted by Nydia Streets of Streets Law in Florida Child Custody Who pays the guardian ad litem’s fees in a Florida child custody case? A court may apportion responsibility for the guardian’s fees based on the financial standing of each party. Payment of these fees was an issue in the case Levy v. Levy, 3D22-1399 (Fla. 3d DCA January 31, 2024). In this post-judgment child custody case, a guardian ad litem was appointed by the court. The father was initially ordered to pay the guardian’s fee fully with the court reserving jurisdiction to reapportion fees later. The father later filed a motion to ..read more

Posted by Nydia Streets of Streets Law in Florida Family Law Procedure What 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 sparingly and with specific considerations. This was an issue in the case Chesterson Capital, LLC v. Yancy, 2D22-3628 (Fla. 2d DCA January 19, 2024). Although not a family law case, the holding of this case is relevant to a possible occurrence in a family law case. The appellant sought to reverse ..read more

Posted by Nydia Streets of Streets Law in Florida Child Support In 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 January 24, 2024). In this administrative child support case, the mother sought modification of child support based on a change in circumstances. The father submitted proof of his current income, including indication that he was laid off and receiving unemployment f ..read more