Gale H. Moore, Attorney at Law

Minor Child Passport Application Requirements

2011-07-18T08:29:00.001-07:00

Under the two parent consent law, as amended in 2008, and as implemented by the United States Department of State, both parents are required to consent to the passport application for a minor U.S. citizen under the age of 16. In the alternative, the applying parent must document his or her sole authority to obtain a passport by producing one of the following: (a) evidence of sole custody, (b) a court order allowing the parent to travel with the child, or (c) notarized written consent of the other parent or written statement explaining why the non-applying parent’s consent cannot be obtained. The minor child must appear in person when applying for the passport. This law in practice is designed to decrease the likelihood that a U.S. passport would be used to facilitate an international parental child abduction.

Will the Court Credit a Spouse for Money Borrowed During the Divorce Proceeding?

2011-02-28T07:14:00.000-08:00

The answer is maybe and maybe. Our district court looked at this issue is the case of Stock v. Stock, 693 So.2d 1080, 1086 (Fla. 2d DCA 1997) and found that "the reimbursement or credit for a party's payment of marital property-related expenses during separation is a matter of judicial discretion in light of all relevant circumstances." The First District Court of Appeal recently relied on this holding in Fashingbauer v. Fashingbauer, 19 So. 3d 401 (Fla. 1st DCA 2009). The issue depends on the answer to (1) what the money was borrowed for and (2) the Judge's discretion depending on the unique facts of that specific case. Marital and family law is, by its nature, very fact intensive which is why case law can serve as a guide but cannot always answer the specific question in your case.

Are too many children prosecuted as adults?

2010-12-13T12:28:00.000-08:00

Currently local prosecutors have discretion as to whether or not to prosecute a child charged with a crime as an adult in certain instances. The Florida Bar's Legal Needs of Children Committee recently issued its report and recommended that Judges make all transfer decisions rather than the current practice. This report comes after a noticeable increase in the number of children prosecuted in adult court. The other issue noted in their report was whether or not coercive pleas are taken. The example observed is that a child may given the choice between pleading guilty and serving 9-18 months in juvenile detention or be prosecuted as an adult facing a life sentence and wait about 18 months in jail for trial in the interim. While being tough on crime is clearly a popular sentiment the question remains whether it is helpful or appropriate to push so many juveniles into the adult system. Unfortunately in our office we often see children acting out and sometimes getting into trouble with the law when the parents are in high conflict. Reducing that conflict so that parents are able to effectively co-parent not only benefits the parents but also the children and our society.

Changes made to Income Deduction Orders

2010-09-24T09:53:00.000-07:00

The statutory changes recently enacted by the Florida Legislature require certain additional findings to be set forth in Income Deduction Orders (IDOs). IDOs are the Orders that require employers to withhold income from an employee's pay when that employee owes a child support and/or alimony obligation. Back in 1998 IDOs were statutorily required in all cases involving child support. The new changes in the law require that the end date for child support be set forth specifically in the IDO. The changes also require that in cases where there is more than 1 child the IDO set forth the specific date when child support shall be reduced due to an older child being an adult; the new reduced amount of support must be listed also. Today the Florida Supreme Court issued a proposed form to help us all comply with the new statute.

Major Changes Made to Alimony and Child Support Statutes

2010-06-22T13:20:00.000-07:00

This past session the Florida Legislature passed major legislation that makes substantive changes to Florida's alimony and child support laws. Governor Crist has signed the bill which becomes effective later this year. An overview of the changes are as follows:

(1) Creates a new type of alimony called "durational alimony;"
(2) Changes the threshold for triggering substantial time-sharing (which generally greatly reduces child support paid);
(3) Mandates certain findings of fact related to unallocated child support for multiple children;
(4) Establishes very specific requirements to impute income to a parent;
(5) Addresses poverty guidelines;
(6) Makes changes in the adoption laws; and,
(7) Addresses assignment of time-sharing by military personnel.

Are Private Disability Insurance Policy Payments Marital Property?

2010-04-12T07:59:00.000-07:00

Our Second District Court of Appeals looked at that issue in the Gibbons case decided last month. See Gibbons v. Gibbons, 10 So. 3d 127, (Fla. 2d DCA 2010). In that case the Husband who had been an attorney became disabled prior to the filing of the divorce action. As a result of his disability he received payments from 3 disability insurance policies he purchased and paid for during the marriage. One of the policies ended payments when he reached the age of 65 while the other 2 policies did not. The 2 other policies continued payment with no set end date as long as the Husband remained disabled. The Wife argued at trial that since the Husband would be receiving payment from the 2 policies after he reached the age of 65 the payments were akin to retirement payments and therefore subject to equitable distribution. The lower agreed with her and awarded her 1/2 the value of the 2 policies in question.

The appellate court disagreed and reversed the trial court's decision. The appellate court held that there was no evidence that the payments made to the Husband after age 65 contained a retirement component and were subject to the condition that he remained disabled; therefore the payments was the Husband's separate income and not subject to division.

Proposed Budget Cuts for Clerk of Court

2010-04-06T09:05:00.000-07:00

I recently received a notice from Ken Burke, the Clerk of Court for Pinellas County, advising of a bill pending in the Florida Legislature to dramatically cut funding to the Clerks' offices. Though I do not remember the precise amount of the budget cut Mr. Burke did advise that last year due to budget cuts the Clerk's office laid off approximately 28 people and if this bill passes the cuts this year will have to be twice as much. I recognize the financial constraints we are all under these days including our government. Cuts seem to be the foregone conclusion. Though it is clearly sad for the employees who may get a pink slip the public using the civil court system will also suffer a great deal with delays and inefficiencies due to the lay offs. If there is less money the Clerk will have to re-prioritize where employees work. There are mandates that ensure the criminal court system will be funded first. Therefore the primary place the pain of the budget cuts will be felt is on the civil side. It will likely mean significant delays in information processing.

Is He/She Going to Have to Keep Paying for Private School Tuition?

2010-02-23T10:19:00.000-08:00

Florida's Fourth District Court of Appeals took up this issue last month in the case of Gelman v. Gelman. In this case the parties agreed to a timesharing plan and the Court incorporated that agreement in the final judgment. The Father was ordered to pay child support and a lump sum payment to the Mother instead of alimony and equitable distribution. The Father was also ordered by the Court to pay the children's private school tuition. The Father appealed and argued that the Mother never pled for school tuition. The Mother stated that the agreed upon plan specifically mentioned the private school tuition and that plan was incorporated into the Court's final judgment.

The higher Court reversed the lower Court's ruling and found that the Mother had not specifically pled for it and that there was no evidence to show that the Father had agreed to pay it. Additionally the appellate Court held that the trial Court had not properly analyzed the requirement before imposing a financial responsibility for private school tuition. The Court cited Wilson v. Wilson, 559 So.2d 698 (Fla. 1st DCA 1990) which held that to order private school tuition (1) the parent must have the financial ability to pay it, (2) the expenses must have been in accordance with the family's customary standard of living, and (3) private school must be in the children's best interests.

Can Having a Boyfriend Reduce Former Wife's Alimony Award?

2010-02-09T07:30:00.000-08:00

Alimony is based on one party's need for support and the other party's financial ability to meet that need. Florida's Fourth District Court of Appeals examined the issue of whether having a boyfriend would reduce the former Wife's alimony award late last year in the case of French v. French, 4 so.3d 5 (Fla. 4th DCA 2009). The Court ruled in that case that the boyfriend relationship that was, in fact, a financially supportive relationship for the former Wife. As such it took the financial place of a remarriage. Therefore that relationship inherently affected (reduced) the former Wife's need for alimony. The result suggests that once the Court finds that a "supportive relationship" exists then by necessity the Court shall either reduce or end alimony because the recipient's needs have changed.

Can DOR Be Prohibited From Intercepting a Tax Refund to Pay Past Due Child Support?

2010-01-25T06:42:00.000-08:00

Florida's First District Court of Appeals looked at this issue in the case of DOR v. Baker decided on December 31, 2009. In that case the Father owed over $26,000.00 in past due support. Nonetheless he had convinced the lower court to prohibit the Department of Revenue (DOR) from intercepting all but $1,000.00 of his federal income tax refund. He had also prevailed in his request to claim the dependency exemption over the Department's objection. The higher court reversed the lower court stating that the Father had not (1) properly presented his claim, (2) had not properly noticed the Department, (3) had not used up all potential administrative remedies and (4) that his request was premature. Moreover the appellate court found that in all events the Father was still not entitled to the relief given him because the trial court could not lawfully place any restrictions on the power delegated by federal law to DOR relating to interception and retention of tax refunds.

Can I Get Advance Permission from the Court to Relocate?

2010-01-19T06:50:00.000-08:00

That sounds like a good idea for those "forward thinking" people who like to plan well in advance like me but the legal answer seems to be no. The Florida Supreme Court issued a ruling on January 14, 2010 in Arthur v. Arthur, SC08-1675 that runs contrary to this thought process.

In this case the trial court had awarded the mother primary custody of the parties' 16-month-old child. The mother had requested permission to move to Michigan with the child and the trial court agreed with the request, but only when the child turned three, finding that the child needed more time to bond with the Father. The Father appealed and the Second District Court of Appeals affirmed the lower court's order. The Father than appealed to the Florida Supreme Court.

The Florida Supreme Court found that the trial court was required to make findings as to what is in the child's best interests at the time of the trial not based on future possibilities. The Court further held that the lower court was incapable of predicting whether a future relocation, months or years in the future, would be in the child's best interests at that time. The Court instructed the trial court to remove the relocation provision. In their holding the Court indicated that the Mother is able to seek to relocate in the future by filing a modification action, but any modification action would be governed the two-part substantial change test. That test requires the movant must show both that (1) the circumstances have substantially, materially changed since the original custody determination and (2) that the child's best interests justify changing custody. Furthermore, the substantial change must be one that was not reasonably contemplated at the time of the original Court Order.

When might "Nominal Alimony" be awarded?

2010-01-04T07:59:00.000-08:00

This question was answered by Florida's 1st District Court of Appeal in November of last year in the case of Welch v. Welch. This opinion was written to replace and clarify the Court's earlier ruling. The facts of this case are: The parties had a 23-year marriage with the Husband earning $140,000 per year in income and the Wife earning $85,000 per year in income. The Wife had requested permanent periodic alimony but the trial court awarded the Wife nominal alimony of $1.00 per year instead. The Wife appealed the case and argued, in part, that there was insufficient evidence to support the lower court's determination that she earned $85,000. The appellate court upheld the lower court's ruling stating that the lower court had not abused it's discretion. Abuse of discretion is the standard of review. The higher court looked to the statutory definition of income, the evidence before the trial court (including the Wife's 2007 income, a forensic accountant's testimony, evidence of a cost of living increase, etc...) and found that there was substantial evidence in support of the lower court's decision.

2010 Statutory Interest Rate Set

2009-12-30T05:56:00.000-08:00

Florida's Chief Financial Officer, Alex Sink, has announced that effective January 1, 2010, the interest rate for judgments and decrees, pursuant to sec. 55.03, Florida Statutes, shall be six percent (6%), down from the 2009 rate (8%). It's easy to forget what the judgment rates were for years past, but the CFO's website has a listing of historical rates from 1995 forward (from 1981 through 1994, the rate was 12%).

Christmas-time Community Service

2009-12-14T07:56:00.000-08:00

In addition to the usual holiday baking, caroling, and shopping, one of things I enjoy doing most with our children at Christmas time is helping others. The past few years we have volunteered to ring bells for the Salvation Army through the Clearwater Bar Association. I am fully convinced that adding my two sweet cherubs increases the donations significantly, especially when they sing. The other thing we enjoy is strolling around looking at the lights in our neighborhood. Not only are they beautiful but they are used by the community to raise money for the Hospice of the Florida Suncoast, an amazing organization. If you're in Largo drive through anytime after dark until 10 p.m. but be sure to follow the directional arrows so you can get in and out without trouble. Check out Lake Park Lights for directions and Merry Christmas!

Am I entitled to part of my spouse's military retirement benefit?

2009-12-09T09:34:00.001-08:00

The answer to that question depends on specific facts in your case. For example:

How long is the marriage?

How long was your spouse in the military?

Did the time periods overlap?

Is the retirement payment already in pay-out status?

Is any portion retirement payment reduced by a service related disability payment or might he or she take that option in future?

Note: A veteran can receive anywhere between 10 and 100 of his or her retired pay in the form of disability pay. There are a number of ways to address these issues but it must be examined carefully before a Final Judgment is issued.

Thankfulness

2009-11-30T06:57:00.000-08:00

My absolute favorite holiday is the one we just celebrated - Thanksgiving. My children think I am nuts to choose that one as my favorite. "What about presents at Christmas? Candy at Halloween? Or Valentines in February?" They say. But to me Thanksgiving conjures up memories of being at Kickup, our family farm, outside Atkinson, North Carolina with my Grandmother and Granddaddy Moore, my Aunts and Uncles and all my cousins. We ran in the corn fields, played in the pond, and dressed up in Aunt Trish's old prom dresses. My family has since sold that farm but the memories of those fun times will always be with me. I am thankful to have them.

Pinellas Clerk and Property Apprasier Unity to Provide Better Technology

2009-11-23T09:21:00.000-08:00

Pinellas County's Clerk of the Circuit Court, Ken Burke, and Property Appraiser, Pam Dubov, have each added a new function to their respective websites, making each site a more powerful and useful tool, especially for those in the real estate, title, or insurance industries.

Many people who use the Property Appraiser’s website, www.pcpao.org, need to view a parcel’s deed, but deeds are stored on the Clerk’s website, www.mypinellasclerk.org. To facilitate this need, the Property Appraiser added links that go to the Clerk’s site. These new links can be found near the sales transaction information on the Property Appraisers site. Customers can now follow these links directly to an image of the parcel’s deed. If the deed is not in the system and an electronic image is not available, a message displays alerting the customer. Similarly, on the Clerk’s website, links from the Official Records Search Page will redirect customers to the Property Appraiser information associated with a particular parcel.

Can a "nonsutodial parent" claim the federal income tax exemption for the children?

2009-11-16T06:01:00.000-08:00

The answer has usually been yes, if agreed upon by the parties or ordered by the Court. The answer is still yes but the requirements to be able to do so have changed. On June 19, 2009 the IRS issued Chief Counsel Advice Memorandum No. 200925041 and this changed the requirements needed for a noncustodial parent to claim a child exemption. For tax years after July 2, 2008, attaching a copy of the Final Judgment that transfers the exemption to the noncustodial parent as long as certain conditions are met (such as the parent having been current in child support) is not sufficient and the exemption will be disallowed. IRS form 8332 is now required or, alternatively, "a document that conforms to the substance of Form 8332 and that has as its only purpose the release of a claim to the exemption." For those whose Judgments occurred prior to July 2, 2008, the Judgment itself is good enough only if it allows the noncustodial parent to claim the exemption unconditionally. The best practice should now be that an agreement contain certain language requiring IRS form 8332 be executed for a given year when the conditions for it have been met, together with enforcement language like sanctions and/or fees.

Wrangling Over Control of Court Technology

2009-11-04T07:59:00.000-08:00

Sadly our state courts has failed to keep up with technology as far as electronic access for filing and reviewing documents. Now though this issue is apparent and rules regarding the same have been drafted, the fight for control of the process has slowed us down once again. The elected Clerks of Court and the court system have both staked a claim to control of the Internet "portal." I know they are communicating and trying to come to a resolution. Let's hope the dispute can be resolved more quickly than most as Floridian legal consumers stand to benefit significantly from the technology we now have available.

Are life insurance proceeds recieved after action filed marital?

2009-10-26T08:47:00.000-07:00

Florida's 4th District Court of Appeals looked at this issue in Ross v. Ross decided on October 7, 2009. The parties in this case were married for six (6) years before suit was filed. The Husband and his brother had a lawn business before and during the marriage. Both the Husband and his brother owned "key man" life insurance policies naming the other as beneficiary. After suit was filed but before the divorce case was tried, the brother died and the Husband received over $1 million dollars as beneficiary of his brother's life insurance policy. The Wife argued that the proceeds were marital and subject to equitable distribution. The lower court agreed but the appellate court said no. The court reasoned that since there was no asset prior to suit being filed and the event that caused the expectancy to become an actual interest occurred after suit was filed, the proceeds were non-marital.

Evidence is Key

2009-10-19T06:27:00.001-07:00

The difference between a conversation and a court hearing often revolves around proof. Proof is the ability of one party to show the Court that what they are saying is accurate. Sometimes the only proof is a person's sworn testimony but obviously, documentary proof or evidence, is preferable. A recent appellate decision out of Florida's 1st District Court of Appeals highlights this issue. In Chaney v. Fife, the Appellate Court decided last month that the slew of mistakes made by the trial court required the case be overturned. The underlying case involved issues of paternity, custody and child support. One of the many identified problems was that he trial court did not have any evidence to support its calculations for each party's federal tax liability. And worse, whatever evidence was presented was not written down by the Court it its findings of fact. Preparation and presentation of the underlying proof of the facts is crucial for trial.

IMMEDIATE INCOME DEDUCTION ORDERS

2009-10-12T06:28:00.000-07:00

Florida law with regard to child support has changed effective October 1, 2009. The statute as amended now allows parties to request that child support not automatically be paid by an
income deduction order (i.e. an order making employers withhold payment of child support and send it to the State Disbursement Unit to be then sent on to the other parent) as long as the Court feels that direct payment is in the child's best interests. However, the amended statute also provides that if there is not an immediate income deduction order and there is a failure to pay on time in the future, any party may subsequently file an affidavit with the State Disbursement Unit (SDU) alleging a default. Fifteen (15) days thereafter the SDU shall notify all parties that future payments shall be paid through the SDU. No other court action is required.

KIDS' ANSWERS TO LIFE'S BIG QUESTIONS

2009-10-05T08:23:00.000-07:00

I've seen this e-mail or one going around like it a few times. It's funny in and of itself and it's also kind of/sort of true.

It also reminds me of a situation relayed to me by my 7 year old daughter recently. She had one boy in her class that she would say is her "boyfriend" but recently he stepped on her fingers so she said she was through with him and now she's pretending a different boy is her boyfriend. Who can blame her?

HOW DO YOU DECIDE WHO TO MARRY?

"You got to find somebody who likes the same stuff. Like, if you like sports, she should like it that you like sports, and she should keep the chips and dip coming." -- Alan, age 10

"No person really decides before they grow up who they're going to marry. God decides it all way before, and you get to find out later who you're stuck with."-- Kristen, age 10

WHAT IS THE RIGHT AGE TO GET MARRIED?

"Twenty-three is the best age because you know the person FOREVER by then." -- Camille, age 10

HOW CAN A STRANGER TELL IF TWO PEOPLE ARE MARRIED?

"You might have to guess, based on whether they seem to be yelling at the same kids." -- Derrick,age 8

WHAT DO YOU THINK YOUR MOM AND DAD HAVE IN COMMON?

"Both don't want any more kids." -- Lori, age 8

Are your medical records still confidential in a divorce case?

2009-09-28T07:42:00.000-07:00

The short answer is maybe not. A California appellate court ruled on this issue last week in Manela v. Superior Court, No. B21447. In that action, the parties were in the middle of a dissolution action that included a dispute over child custody. One party moved to quash subpoenas related to their medical records arguing that they were protected by doctor-patient privilege. The lower court had agreed and had, in fact, quashed the subpoenas. But the appellate court reversed the decision ruling that the constitutional right to privacy regarding medical records is not absolute and the party's privacy interests are outweighed by the state's compelling interest in protecting the child's best interests.

Dependency Case Law Update

2009-09-20T09:27:00.000-07:00

Dependency law is a sub-category of family law. Actually some would say it is a quasi-criminal quasi-civil category on its own. This type of case is where child abuse or neglect is alleged, usually by the State (the Department of Children and Families [DCF]), but not necessarily. Chapter 39 of the Florida Statutes governs these matters.

An interesting new case is this area was published as a result of an appeal this year in the 5th District Court of Appeal. In B.T. v. D.C.F., the child at issue was adjudicated dependent based on a finding that the Father had abandoned him. The Father was incarcerated since before the birth of child and was not scheduled to be released until 2011. At the time of the hearing the child was 5 years old. The Father was the only witness at the hearing. He testified that he regularly received photos and updates about the child from family members, and that his failure to pay child support was due solely to his incarceration. The appellate court upheld the adjudication of dependency but held that the finding of abandonment was not supported by the evidence. The Court stated that the Department of Children & Families had presented no evidence other than incarceration to support a finding of abandonment and that incarceration alone was insufficient to support the finding of abandonment. The Court states in its opinion that "We do not suggest that [the child] was not abandoned by Father; merely that there was a failure of proof of abandonment."

This case is a reminder of the key in preparing proper evidence and testimony even where the end result may seem obvious.

Law Office Location

2009-09-15T05:44:00.000-07:00

Our office is located in the heart of Pinellas County at 801 West Bay Drive in the Wachovia Bank Building. (Pictured above.) It is only minutes from the downtown civil courthouse in Clearwater where most of our cases are heard. It is also located in the same community where I and my staff live so we are familiar with the schools, organizations and activities here in Largo and the surrounding towns. The picture shown here was taken today on a typical Florida morning. It's sunny, warm and a little on the muggy side. While I doubt you will have any trouble finding us, do not hesitate to call us at (727) 584-2528 if need be.

How old does my son have to be to decide which parent he lives with?

2009-09-08T08:12:00.000-07:00

This is probably the most common question I get asked regarding custody issues. The short answer is 18. In Florida there is no age at which a child gets to decide who they live with. The child's preference, if they are deemed of sufficient age and maturity, is just one of 20+ factors the Court looks at when making a custody decision. Apparently there are some states where when a child turns 13 (or some other certain age) they do get to decide. Florida law is directly contrary to that.

Property Value Challenges

2009-08-28T09:08:00.000-07:00

If you own property in Pinellas County, you likely received your property assessments this past week. The property appraiser's office mailed the Truth in Millage (TRIM) notices on Monday, August 24, 2009.

The TRIM notice includes the home owner's property taxes, property assessments, and proposed millage rates set by various taxing entities. The market value shown on the 2009 TRIM notice is based on market condition and ownership status as of January 1, 2009 and is determined by analyzing sales that took place in 2008.

Property owners have until Friday, September 18, 2009 to file a petition challenging the notice. For the first time in Pinellas County, property owners who disagree with their property value assessments can file petitions to go before the Value Adjustment Board (VAB) online via the Clerk’s website, www.mypinellasclerk.org, beginning on Monday, August 31, according to Ken Burke, Clerk of the Circuit Court. Other methods of petitioning to go before the VAB are still available. The forms can be accessed online, then mailed or filed in person at the Clerk’s Board Records department located on the fifth floor of the Clearwater Courthouse, 315 Court St., Clearwater or may be dropped off at one of these Clerk’s branch offices: the St. Petersburg Branch at 545 First Ave. N., St. Petersburg; the Tyrone Branch at 1800 66th St. N., St. Petersburg or the North County Branch at 29582 U.S. 19, Clearwater.

The Value Adjustment Board serves as the decision-making authority between the property owners and the property appraiser when there is a disagreement over exemptions, valuations and classifications. Once a petition is filed, a quasi-judicial hearing is scheduled with a special magistrate. For more information, visit the Value Adjustment Board page at www.mypinellasclerk.org or call Board Records at 727-464-3458.

OUTSOURCING a/k/a Do you really know who is representing you?

2009-08-20T09:03:00.001-07:00

A relatively new and growing trend in providing legal services is "outsourcing." This is apparently when the lawyer or law firm you hire delegates some of its legal work to someone else generally somewhere else. I do not do this. Of course, I am well aware of this cost-cutting strategy with some businesses, like your telephone company, but I personally do not think it is a good choice for legal work.

As a sole practitioner I develop very close relationships with my clients. I chalk that up to the fact that I am the one and only lawyer you will have representing you if you hire me. Your case will not get bumped down the line to a newer associate or to another colleague. I handle all my cases personally. I also know that the particular area of law I practice makes this personal relationship even more important to most of my clients. They have to share very intimate facts about their lives and families.

The Florida Bar Board of Governors is now considering modifying a prior opinion they gave approving the outsourcing of legal services. It seems like common sense to me that this trend is fraught with potential problems that will ultimately erode public confidence in the legal system. I would love to hear your thoughts.

2009-08-20T09:01:00.000-07:00

Child Support & Contempt

2009-08-12T07:46:00.000-07:00

Probably in large part because of the downward turn in the economy I am more apt to see cases involving non-payment of previously ordered child support. I have represented clients on both sides of this issue. Sometimes the paying party really cannot afford to pay the support because of job loss or wage decrease or illness or injury. Of course, the reality is the children's needs continue regardless of the economy or life's circumstances. Therefore the Courts often have to make the decisions regarding these difficult issues. There really is no easy solution because each family's needs are different and must be examined individually.

Statewide Electronic Access Approved

2009-07-15T06:43:00.000-07:00

At present, each Clerk of Court maintains its own records and computer system for their particular jurisdiction. My office subscribes to access the Sixth Judicial Circuit's computerized records system so that we may access certain records and to see if a suit is filed in a particular case. It has long been debated amongst lawyers and Judges that Florida should implement a statewide system for access to all such documents. The cost and large scale of such a project have resulted in no such program to date. But good news is here. On July 1st of this year the Chief Justice of the Florida Supreme Court issued an Order to set standards for such a system. The Florida Legislature passed legislation that requires such a system, including electronic filing of law suits, to be up and running within a year. Though it may be a cumbersome process, it seems clear this is long over due.

Mandatory Financial Affidavits

2009-07-07T09:52:00.001-07:00

A frequent question/complaint I have in amicable divorce cases, is why do I have to file a Financial Affidavit? My general response is because the law says you have to. And now and again I will discuss the multiple reasons why I think it is also a good idea. Today however, I read a case that outlines at least one exception to the "because you have to rule." See Salczman v. Joquiel, 776 So. 2d 986 (Fla. 3d DCA 2001). In that case, which for the record is not out of our appellate court but our sister court to the north, the parties entered into an ante-nuptial agreement after full disclosure. Both parties had separate counsel in the negotiation and execution of the agreement. Both were in their sixties at the time of their marriage; both had been married previously and both were financially secure. They ended their marriage after three years, each party agreeing that the ante-nuptial agreement controlled and requesting that the court ratify the same and grant their dissolution. At the final hearing, the court ordered that the parties file financial affidavits. The parties responded that they should not have to do so in light of their agreement and the fact that neither party was requesting any permanent financial relief from the other. The court indicated that it would seal the affidavits in the court file upon their being filed. The parties still refused, and the Court threatened contempt. The parties jointly appealed. Reading Fla. Fam. L. R. P. 12.285 literally, the Third District reversed the court's order directing the parties to file a financial affidavit. "Having found this agreement to be fair and reasonable on its face and entered into after full disclosure between the parties, the court was presented with absolutely no issue as to permanent financial relief for either party. Thus, the filing of financial affidavits would serve no purpose under the facts of this case and we do not believe that the rule mandates that they be filed." 776 So. 2d at 988.

Bad Faith & Attorney's Fees

2009-06-29T09:07:00.000-07:00

An appellate rule change pending now before the Florida Supreme Court could make it easier for a party to seek attorney's fees and costs when the other side acts frivolously or in bad faith. The change was recommended by a vote of 39-0 by the Appellate Court Rules Committee. Under the current rules there is a deadline for lawyers to seek fees and costs from the other side pursuant to Florida Statute, section 57.105. If the bad conduct on the other side occurred after that time deadline, then technically the lawyer could not see relief through fees and costs. The change proposed modifies the rules to allow the lawyer to move for fees and costs because of bad conduct at any point in the case. It is clearly a logical and necessary rule change to try to curtail bad behavior.

UPDATE: Bill Becomes Law

2009-06-22T05:57:00.000-07:00

Earlier this week, Governor Charlie Crist signed into law SB 904. That bill creates a statutory scheme for parenting coordinators, streamlines relocation litigation, clarifies the modification standard for cases involving parental responsibility, timesharing and parenting plans and establishes clearly the professionals capable of making parenting plan recommendations. This is especially remarkable in a year when little more than 10% of the over 2,000 filed bills passed both houses of the Legislature.

Iran's Election

2009-06-17T10:23:00.000-07:00

Early last week I began trying to determine when exactly it would be likely for us to learn who had won the election in Iran. I contemplated the time zone difference and the small number of Western news outlines operating inside Iran. But truly I didn't contemplate the problems that are now suspected. Will we ever know who really won the election? It would be a shame not to, for so many reasons, not the least of which is the turnout of 85% of Iran's voting population. That is an astounding percentage of people who felt their voice would be heard and needed to be heard. It is another reminder to me of the wonder of our own democracy, warts and all.

Pending Bill on Children's Issues

2009-06-10T11:32:00.000-07:00

The Children's Issues Bill (CS/CS/CS/SB 904) was sent to Governor Crist on Wednesday, June 3, 2009. It is now awaiting the Governor's signature. Some of the highlights of this bill include:

* The bill recognizes and authorizes the parenting coordination process and provides long-overdue qualifications for those serving as parenting coordinators and standards and safeguards for the process itself.

* The bill corrects a mistaken interpretation of last year's parenting bill that modification actions no longer required a showing of a substantial, material and unanticipated change in circumstances.

* The bill provides needed clarification that there is no presumption for or against any particular time-sharing schedule.

* The bill clarifies and streamlines the process to be followed when a parent seeks to relocate his or her residence.

The Presumptive 50/50 Time-Sharing Myth

2009-05-27T06:38:00.000-07:00

The revised parenting statute that became law effective October 1, 2008, (Senate Bill 2532) has been the source of at least one myth, namely that this law establishes a 50/50 presumption for time sharing.

There is a long history of attempts within the Florida Bar's Family Law Section at revising and improving the custody statute. In recent years a concerted effort was made by some to adopt a "mandatory or presumptive 50/50 custody" approach. This concept was thoroughly examined and the expert opinions of mental health professionals familiar with children needs were carefully considered. This idea was strongly rejected by the study committee based on the overwhelming opinion of these experts who felt that such presumptions are not in the best interest of children, each family being considered unique, with its own history and dynamics. The conclusion was that a one-size-fits-all approach was completely out of place in matters relating to children where a determination of the children's best interests, based on the circumstances of each family, is the controlling standard.

The new October statute did not alter the basic shared parenting principles of our law. The supporters of the 50/50 interpretation point to the specific prohibition against any presumption for the father or the mother (Section 61.13 (2) (c)), the absence of any other clear language, and the deletion of such terms as "custodial" and non-custodial" parents to make their argument. However, viewing the terminology deletions in isolation, and focusing on the lack of other language in this one section, is simply to look at less than half the picture. First, there is absolutely no language creating a 50/50 presumption, and simple logic would dictate that such a "climate changing" event would have been noted during the drafting. Second, parenting determinations are based on best interests, and the factors make it clear that best interest is to be determined by considering the detailed history of every family and its unique facts. See 61.13(3). Moreover, many of the factors contain specific language as to the parents' "demonstrated capacity" or "demonstrated disposition for..." performing particular parenting tasks. See 61.13(3) (a) (c) (j) (k) (o) and (r). Rather than starting with a full range of options to be used depending on the circumstances of each family, the 50/50 time sharing idea arbitrarily sets an artificial starting point. There is a proposed legislative fix is pending, making it clear that there are no presumptions as to time sharing and emphasizing that the individual circumstances of each family are to be considered in determining best interest.

Regardless of what percentage of time sharing may result, any parenting plan or time sharing schedule that is supported by a thorough application of the factors merits serious consideration; focusing on a desired end product, with only a passing regard for the factors, is to protect the perceived best interests of one parent at any cost, the very approach that the statute disfavors. Lawyers best help by putting the client in the best factual light, highlighting the involvement and caring for the child that has taken place, and can continue to be expected, or work towards rehabilitation if needed. This is going to take the kind of early review and preparation that good attorneys are known for, and a lack thereof will have serious consequences.

Pending Bills Will Increase Filing Fees

2009-05-20T09:58:00.000-07:00

Today, I received a letter from our locally elected, Clerk of Court, Ken Burke. He advises that 2 bills which passed the recent legislative session and are awaiting the Governor's signature cause some serious concerns. The bills in question are Senate Bills 1718 and 2108.

The first bill will dramatically increase filing fees by instituting a graduated scale for real property or mortgage foreclosure cases where, in some cases, filing fees may be as high as $1,900. The bill also greatly reduces the operational funding for Clerks statewide which will result in severe staff reductions and necessarily impact service levels.

The second bill restricts spending for technology initiatives that would enable the Clerk to further streamline work processes and increase office efficiency.

While these bills address items that may not be very glamorous they have real impact on all of us and fundamental right to access and effectively utilize the Court system. We need the system to civilly resolve disputes. I know that our Pinellas County Clerk’s Office is committed to providing exceptional service in all areas of operation under Mr. Burke's leadership.

Consider if you would like to help let Governor Crist know the negative impact of these bills, and if so, get involved and send him a letter. The address is: Office of Governor Charlie Crist, State of Florida, The Capitol, 400 S. Monroe St., Tallahassee, FL 32399-0001

Child Support Forgiveness in Adoption Cases

2009-05-18T09:02:00.000-07:00

Upon entry of a Final Judgment of Adoption of Minor Child, it is clear that the birth parents' ongoing child support obligation ends. But in Step-Parent Adoption cases, past due child support (arrearages) may also be forgiven even though the case law on child support states that the right to child support belongs to the child. What cannot be forgiven by the prospective parents are payments owed to third parties, like the Clerk of Court or the Department of Revenue. A motion related to forgiveness would be filed after the adoption is finalized and only if the adopting parents freely and voluntarily wish to do so. See Florida Statutes, Section 63.212(e).

New FL Supreme Court Approved Parenting Plans

2009-05-14T07:43:00.000-07:00

This past month, the Florida Supreme Court, came out with their approved parenting plan forms, along with some additional revised forms. These forms can be found at the Supreme Court's website, www.flcourts.org. The Supreme Court's website has two parenting plan forms. The first is a "regular time-sharing" parenting plan form and the second is a "safety based" parenting plan form. Prior to these forms, the parenting plan forms being used were independently created in various circuits across Florida. The Florida Supreme Court forms should make the plan forms used more uniform statewide. In truth, the old ones in use and the new forms are quite similar but there are a few small but significant differences like in the holiday visitation section and the extra-curricular activities section.

LAWYER JOKES

2009-05-06T10:29:00.000-07:00

My Dad loves telling me lawyer jokes. So do quite a few of my friends and some of my clients too. So I'm passing on the 2 I've heard recently here:

What does a shark do to lawyer who falls overboard?
- Nothing, professional courtesy.

There's a lawyer, an accountant and an engineer together. Someone asks them, "What is 2 +2?" The accountant says "4." The engineer says, "Let me run the numbers & get back to you." The lawyer says, "What do you want it to equal?"

FILING FEES

2009-04-07T11:14:00.000-07:00

In the summer of 2008, there was an increase in court filing fees that occurred state wide. What was more shocking for most of us was not that the courts were charging $408.00 rather than $363.00 for a new divorce filing, but that there would be a $295.00 charge for all counter-petitions. Seems like many people around the state are in an uproar over the charge for a counter-petition for dissolution of marriage. Apparently some county clerks (though not Ken Burke here in Pinellas County) are continuing to charge this fee even after the Attorney General issued a formal opinion that stated that the filing fee for counter-petitions was not authorized in family law cases. Now the clerks of the court are subject to a class action suit which has been filed in Hillsborough County about the wrongful charging of these filing fees. It'll be interesting to see how this all pans out, but I would hope that the clerks would have to return these fees to the people who have already paid them and to stop collecting the fees from future counter-petitioners.

Florida Prepaid College Funds

2009-03-23T09:45:00.001-07:00

Recent changes to Florida Prepaid College Plan rules may now make them harder to cancel and thus more likely to be there when a child actually needs it. Florida Bar, Family Law Section supporter, Sen. Ted Deutch, D-Boca Raton, sought the rule change after the matter was brought to his attention by one of his constituents whose ex-husband cashed out their son's plan over her protests because it was only in his name. Now, prepaid plans bought after Feb. 1 will require both the purchaser and any listed survivor to agree before a plan can be cashed out if done so before the child goes to college.For those who bought a prepaid plan before Feb. 1, a survivor can be added and request made to give that person a right of refusal for any plan cancellations or changes. But, anyone who wants sole control of the plan can still choose not to list a survivor.

For details see Fla Admin Rule for Prepaid Plans 19B-5.004.

Interesting Quote

2009-03-13T05:24:00.001-07:00

"The whole problem with the world is that fools and fanatics are always so certain of themselves, but wiser people so full of doubts." Bertrand Russell

Foreclosure Mediation

2009-03-03T05:19:00.000-08:00

A group of private lawyers and legal service organizations has petitioned the Florida Supreme Court to require mediation in all new and pending foreclosure cases. This relates to residential, occupied, real estate. The pre-judgment requirement has the potential to save 130,000 Florida homes and help 360,000 Floridians. The Florida Bar News has published a very informative article about this push in their March newspaper. When they say that often the homeowner can't speak to the lender until the first court hearing, I know it's true. It is very frustrating for people working hard to come up with viable solutions but unable to speak to the real decision-maker until it's too late or close to that. Both the lender and borrower have huge potential benefits by making a new deal work and so I hope this Petition gets propelled through the Court quickly.

Remember How It Felt to be a Kid

2009-02-10T05:55:00.000-08:00

In the daily grind of life, I try, really try like most folks I know to be a good parent. Sometimes I do OK but no doubt there's a lot of room for improvement. At 39 it is hard to remember what it felt like to be a kid sometimes. So I thought I'd share the letter my daughter gave me a few weeks back as it reminded me of her perspective.

"Mommy I don't want to be mad at you all the time but you need to let me do stuff without you like I can never ride my scooter without you outside. And another thing, I am a kid. I am not a vegetarian and I would like a little bit of meat in my meals. I am a child. I am picky and my taste buds change."

So maybe my cooking could use some updating too, huh!

Happy New Year ... Can I Get Divorced Now?

2009-02-05T09:54:00.001-08:00

January tends to be a very busy month for family law lawyers. Many people decide to wait until after the holidays to start the divorce process & some people decide the new year will give them the opportunity to start fresh. Our phones tend to be very busy the first of January with people who are coming in for consultations and for people who have already met with us who are now ready to start the divorce process. I'm always curious as to the reasoning behind why people wait until January to get a divorce. Is January any better than December? If you get divorced around the holidays, does this scar the holidays for you for life? For all of you out there who have waited until January 1st to start your divorce, I invite you to post your comments here as to why you decided now is the time to start the process.

100th Day

2009-02-05T09:35:00.000-08:00

So Monday was the 100th day of school. I know because I heard all about it from my Kindergartner. She was so excited. Was she gonna take 100 pretzels or 100 marshmellows or 100 buttons to count? Just so you know, she ended up going with the pretzels. My older child thought there would not be any celebration for her since she's a big kid, in 3rd grade. So she was happily surprised to learn they got to wear cool & crazy "100" shaped glasses and rotate to the other 3rd grade classes just for fun. Meanwhile it just seemed like a Monday here at my office.

Education

2009-01-25T06:45:00.000-08:00

Yesterday, my oldest child asked me whether I thought it was better to go to co-ed school or a same sex school. I pondered the question a good while because I am really unsure how I feel about it. I had the opportunity to do both. Most of my schooling I went to public, co-ed schools but I graduated High School from St. Mary’s Episcopal School, which was at the time, an all girls school. I really enjoyed not putting makeup on, worrying about what I was wearing and just going to class to focus on the subject. Even though it was all girls school a lot the girls did still put on makeup and worry about what they were wearing, but not me. I made really good grades that year. But as my daughter asked, "How do you learn to get along with boys if you’re not around them a lot?" Good question, I said. I guess I liked the way I had did it - a little bit of both.

New Court Hours

2009-01-07T13:44:00.000-08:00

Effective immediately no hearings are being set that are expected to last after 4:00 p.m. This is to prevent the potential payment of overtime to Court house personnel like our bailiffs and clerks. The budget cuts are clearly having a direct impact on the administration of justice. While this one hour time cut may not seem like much, I think it will really have a big impact. Just yesterday the first date I could get for a 1 day trial was April 28th, more than three months out. While litigants virtually beg for quick resolution of their cases, these cuts, while they may be financially necessary, will slow down the process even more. It will be hard lesson in patience.

Court Hearings

2008-12-30T05:57:00.000-08:00

Family law cases, except in a few limited instances, have hearings open to the public. That being said, many of our local Pinellas County Judges hold their hearings in chambers. Just because they are in chambers, rather than a courtroom, does not make them closed to the public, but it often discourages people not directly involved from sitting in the hearings and makes it somewhat harder to know exactly what hearings are being held and when. Regardless of where a hearing is held the public and the press have a right to attend and sometimes do which is exactly what happened at one of my hearing's yesterday. In general the press' presence is a good and positive thing for our legal system though my clients overwhelmingly prefer hearings held in chambers. When they are held in chambers everyone sits at a large conference table and the proceeding generally seems less formal. In the courtroom the parties must go up to the witness box beside the Judge’s seat and the lawyers stand at the podium when talking. It really depends on the Judge and sometimes the type of hearing as to where the hearing will take place. Letting parties know which location their hearing will be in eases anxiety.

Happy New Year!

2008-12-29T04:27:00.000-08:00

Best wishes to all for a happy, healthy and prosperous New Year! All too soon we will return to our normal routines, the holidays behind us and the lull that comes with it, a distant memory. Will your family and friends know that when all is said and done that it is they that matter most? Now is the time I remember not only the families that I represent, but my own. Too often our families and friends are forgotten in the press of what we do day in and day out. Take some time this holiday season to let your friends and families know that you care for them and that they are the most important things in your life. Take your opportunities and resolve to make more in the new year; you can never show those you love that you care too much or too often.

Domestic Violence Injunction

2008-12-26T07:40:00.001-08:00

Unfortunately domestic violence occurs and it happens across the spectrum regardless of race, socio-economic level, ethnicity etc... Filing for an Injunction for Protection Against Domestic Violence is often a victim’s attempt to end the contact and get some peace. The Clerk's office has a very good video that describes the process. Most people file for Injunctions without lawyers though many thereafter hire a lawyer to help them through the rest of the process. Injunctions are an absolute necessity in some instances but there are a few occasions where I have also seen them used improperly. It is very disheartening to see some people use them to try to gain a quick and easy custody decision rather than for their real purpose. I do think the Court is pretty good at weeding out the bad filings but it really is waste of everyone’s time and the Court’s resources to have to sort those out. If you know someone who is the victim of domestic violence suggest they call the local abuse resource which here in Pinellas County is C.A.S.A. They can help you form a safety plan and give you some factors to consider in whether or not to file an Injunction.

Carolina Christmas

2008-12-23T05:36:00.000-08:00

When I was a kid, back in the dark ages as my children think, my parents usually took us down to Wilmington to see the "World’s Largest Living Christmas Tree." Now I kind of doubt it really is the world’s largest but when I was a kid it sure seemed like it. And actually looking at the picture posted on the web this year it really is impressive. The 79th annual lighting of the tree was earlier this month at Wilmington’s Hilton Park. I read that the massive oak tree covered with Spanish moss is believed to be more than 400 years old and is covered with 5,250 bulbs. It was first lit in 1928 with over 500 lights. Merry Christmas!

Divorce & Christmas

2008-12-22T05:40:00.000-08:00

Christmas is almost here. I know many families who are dealing with their first Christmas without the traditional family gathering. There are often disagreements as to where the children are going to go and how the holiday will be divided. As a general rule I ask my clients to put their children first and think about what they want. Remember that its important to start new traditions with your children so they can help adjust to how life and the holidays are going to look when the divorce is final. If anyone has any suggestions on how to help children with their first "divorce" Christmas, I encourage you to post those suggestions here for all other readers.

PAJAMA DAY

2008-12-19T04:20:00.000-08:00

Today in my youngest child’s Kindergarten class they are having "Pajama Day." Oh she is so excited she can hardly stand it! She is wearing her favorite Hannah Montana PJs and taking her big soft teddy bear as her nap time toy. Honestly, I really do appreciate her excitement. What’s better than staying cozy in PJs all day?

Exactly what is Probate?

2008-12-18T04:33:00.000-08:00

In the last few decades a lot of information on probate has become widely available. Although I think in general, an increase in public information is a positive development, the benefit is obviously dependent on the accuracy of the information. The probate process is really three-fold. First you gather the assets. Second you determine the debts. And third you distribute the estate according to the law. It really is a very systematic method to transfer property to heirs. For me it is also rewarding legal work. Often I drafted the will and knew the decedent well. So though the family is grieving I like that I am able to personally relate to the family and serve as a helper in the process. Probate does take a while. I think that is the complaint I hear most often. But one of the main reasons it takes a few months to resolve is to make sure the heirs actually know for sure what the assets and debts are. If you don’t have a will, please consider having one drafted to make sure your wishes are known and followed.

Responding to a Child Support Case

2008-12-17T04:39:00.000-08:00

Many of the matters I handle involve child support establishment or modification. Child support is, in theory, a mathematical calculation that should be relatively easy to determine using the child support guidelines established in Florida Statutes, Chapter 61. The key word there is "should." I often represent parties who have been served with a Petition or Notice by the Florida Department of Revenue (child support enforcement) that a new case has been opened or an old case is being looked at to see if child support should increase. But I sometimes get the sense that people think since it is such a "cut and dry" thing there is no need to really prepare for the hearing. Nothing could be further from the truth. My experience with hearings involving D.O.R. has been that there are too many cases flooding an over burdened system. As a result the Respondent really has to be prepared. No one is going to make sure your rights are protected except you and your lawyer. I have seen many, many erroneous mathematical calculations made that can be difficult, if not impossible, to have undone once ordered. I have been told after the fact about many cases where facts which should have been taken into consideration were not either addressed in Court or not proven. Proof requires preparation including knowledge as to what is relevant to the issue at hand and experience with the rules of evidence. Don’t let time slip away or expect that something that is clearly unjust won’t happen; it’s much better to get it right the first time.

Affordable divorce

2008-12-16T05:59:00.000-08:00

Now more than ever before there is a great concern among my clients to keep the fees and costs low in their divorce and custody proceedings. In these troubled economic times, I have heard many people ask, "Can I afford a divorce?" When the State of Florida and the Pinellas County budgets shrank, one way they tried to deal with their problem was by raising the filing fees. It now costs $418.00 to file for divorce and a similar amount to file a Counter-Petition. Used to be there was no fee for the Counter-Petition and the filing fee was a good $50.00 cheaper. To make matters worse, in this economic slump, it’s not just the government’s pocketbook that has shrank but all of ours too. Fortunately the way I practice law lends itself to efficiency. I have always been attuned to the best way to get to the end goal with the least amount of time, stress and money. With all strategic decisions in a case I give my client the potential costs so that can be weighed in the decision making process like all the other factors. Often I work out payment plans for divorce to help those clients that want to get started but are having a hard time with the initial retainer. As a good friend of mine recently said, maybe the silver lining of this economic downturn is the opportunity it gives us all to really help each other. Going through a divorce is often gut wrenching and emotionally draining so I do my best to narrowly define the legal issues and steer my clients on the most direct route to finalization.

Financial Woes Affect School Board Policy

2008-12-12T06:02:00.000-08:00

I have been watching the situation unfold with the School Board with a mixture of disappointment and reluctant acceptance. My children, like so many in Pinellas County, go to a school we were able to chose a few years back rather than the one closest to our home. As the school system faces this unparallelled budget crisis I have sympathy for the members trying to figure out ways to literally cut millions of dollars and still educate these children while at the same time I share the frustration of so many parents who took the time to learn about all the schools in our area and pick the one best suited to our family's needs. Now after we are so invested in our school having to move next year is very sad to think about. Then again I know these times might call for drastic changes and we are literally all in this together. So what ever happens we will adapt.

Happy Holidays!

2008-12-09T09:55:00.000-08:00

The season is upon us. We have hung our stockings on the mantle. This year we have seven - my children, my Husband, my in-laws, our puppy and my Sister who we have the good luck to have with us this year. Our family's tradition is to go to church on Christmas Eve and then drive or walk (depending on the weather) through our neighborhood to look at all the lights. Our community raises money for Hospice with the neighborhood light display and it is a family party atmosphere with most neighbors outside visiting and chatting. My children always look forward to it and so do I.

Halloween

2008-10-23T06:53:00.000-07:00

Every year our family travels to a long time friend's home for their annual "Halloween Porch Party." As the name implies the party is on their front porch. Their home, on Main Street in a small town, was built near the turn of the century and has one of those beautiful wide front porches with a hanging swing and plenty of room for all the party goers. My children love this tradition. So do I. This year I will be accompanying a tiger, Cinderella and a cheerleader to the party. I have not finalized my costume plan yet so I cannot share it now. Last weekend my children and I attended another costume party at our church. It was a small party and much more low-key than the one set for this weekend. But have you ever noticed that no matter the reason, kids love the chance to dress up and pretend. They have such incredible imaginations. What a valuable lesson our kids teach us in their total embrace of make-believe and sheer joyful fun play.

Parenting Plans

2008-09-16T11:51:00.000-07:00

Effective October 1st new law goes into effect regarding what is commonly referred to as custody. I say commonly because the current legal terms do not provide for that designation but rather for primary and secondary residential care. The new language change will do away with the terms "primary" and "secondary" residential parent. Instead the Court will devise a parenting plan that will address, among other things, the details of the time-sharing arrangement. The idea is to make the legal designation less of a win-lose but rather start with the notion that both parents will work together and then just try to define who will do what when. I think the idea behind the change is noble but I wonder how parents generally will take to it. Even now custody should not be seen as a win-lose and yet sometimes I have people say just that to me. Pinellas County Circuit Judge John Lenderman has provided the local bar associations sample blank plans and I hope to post or link one on this blog in the near future. It is my understanding that even old cases seeking modification if heard after October 1st will be required to submit the parenting plan so it is something anyone involved in this arena needs to look at closely.

Long range planning

2008-09-05T04:31:00.000-07:00

For those of you that have taken any Myers-Briggs type personality tests, you know that one of the things they examine is whether you are future or past oriented. I am truly future oriented. That trait spurs me to work proactively evaluating and planning my clients' cases. It also got me thinking last night why, as a nation, we did not see the "energy crisis" coming and plan better. I wonder if we can do better with the global warming crisis that may be around the corner, if not already here. Long range planning can seem complex or unnecessary in our culture used to immediate gratification but I sure think we can do better. Of course, the main planning I will be doing over the next 2 weeks is keeping my eye on those hurricanes out in the Atlantic. I recommend wunderground.com as a good source on the projected computer models.

Speeches

2008-09-04T04:42:00.000-07:00

Being a political science major, I have been intently watching all the political speeches at the Republican National Convention this week and the Democratic National Convention last week. The cadence of the delivery is so interesting to me. When I have given speeches or arguments to the Court, I always find the timing difficult to perceive when I am in the midst of it. For those of you who have heard me talk, especially about something I am passionate about, I really zoom. Judges have told me more than one time to slow down so the Court Reporter can get it all down. For me, that task is next to impossible though I have gotten a little better with age, plus I have learned to give the Court Reporter a copy of all my case cites and often my notes beforehand. I certainly admire those gifted at public speaking as well as those that write the lines we remember.

Conversations

2008-09-03T12:44:00.000-07:00

As you can tell from my lack on entries for the last month or so, I've been busy. Now my family is finally getting back into the school year rhythm. Though, my youngest one complains daily about the cafeteria noise ("Don't like it Mama") and I feel for her. Unwanted, loud noise has always bothered me though I know it's something she'll just have to adjust to. In time, I have no doubt she probably be the loudest one in there. It is hard to really communicate in that kind of environment. Sort of analogous to communicating with someone when you don't really mean what you say or say what you mean. I have heard from various experts in my line of work that the key to effective communication is doing just that - saying what you mean and meaning what you say. Easier said than done! What about the person who really doesn't want to hear what you have to say? Or the person who would rather just pretend there is no issue to discuss ... the ignorance is bliss type. What if you are trying to talk to a person like that? I still think you have to try. You can only change your own actions, not others, but still trying to connect is kind of the point. So I guess no matter how loud the chatter or how difficult the subject, you still put one foot in front of the other and try. I hope your background noise settles down to a reasonable level and all your conversations are spirited and true.

Back to school

2008-08-06T10:52:00.000-07:00

As you all know the school year is almost beginning. I like this time of year. I really enjoy the Staples commercial where the parents are happily skipping down the aisle clearly celebrating the end of the summer vacation period. Not that I don't enjoy the break from kids' homework, the strict bedtime and all the after-school events, but I also like the change back to a defined schedule. Some of my friends may be surprised by this as I can also be very spontaneous but in every day life certainly when it comes to our children, I think that set plans and expectations produce less problems. And I also associate the start of the school year with fall, the coming holidays and my birthday (though that gets less exciting each year). I know the weather here doesn't change yet but just the thought that it will, if only slightly, gives me some hope and at least a mental break from the monotony of the summer heat.

Future plans

2008-07-10T09:09:00.000-07:00

In just a week and a half I will have the great honor of attending a great friend's wedding. In fact, I am in the wedding. I am so excited for her. I hear ya'll out there snickering at the irony - a divorce lawyer excited about a friend's wedding! But of course, I am. She is thrilled and so am I. I see my work as a service to others and really a privilege. Unfortunately in my line of work I am meeting with people in despair and sometimes in crisis. But the good news is very often I am lucky enough to run into old clients a few months or years down the road and outlook is sunnier. I sure appreciate all the people who have allowed me to help support and guide them through their problems and wish for all of them only positive futures.

Happy 4th of July!

2008-07-02T06:14:00.000-07:00

Happy Fourth of July - It is a time to remember the freedom we enjoy is a privilege and to give thanks to those who have and are still fighting to preserve this freedom.

Lyndon B. Johnson said,"The American city should be a collection of communities where every member has a right to belong. It should be a place where every man feels safe on his streets and in the house of his friends. It should be a place where each individual's dignity and self-respect is strengthened by the respect and affection of his neighbors. It should be a place where each of us can find the satisfaction and warmth which comes from being a member of the community of man. This is what man sought at the dawn of civilization. It is what we seek today."

Let's hope and pray that one day we will evolve into that community. What we can do for now is for each of us to do our own part each and every day.

Have a Safe Holiday.

Summertime

2008-06-24T07:05:00.000-07:00

I used to think "summer" here in Florida was kind of a hollow term, after all it's warm and generally beautiful here year round. If you really think about it the months of June- August are actually the worst weather here, at least the most extreme. But now that my children are school age, I find that old feeling I had as a kid in summer has returned. It's less about the weather and more about freedom from schedules, swimming in the pool everyday, staying up past the normally rigorously enforced "bedtime," visiting relatives and just plain having fun. I know that I too need some time out just to unwind, stop the routine and goof off. I read recently that the U.S. population has the least amount of vacation time for any industrialized country. So I plan during this summertime period to make the most of it.

News

2008-06-18T09:52:00.000-07:00

I am a news junkie. I know the news channel numbers on my cable box by heart and the truth is I consider nothing more satisfying than devoting a solid hour reading the paper from front to back. My Husband frequently sends me e-mail updates of interesting news items and many of friends and other family members let me know where and when the latest was heard. I have often thought that if I hadn't become a lawyer I would have wanted to be a journalist. In fact, my Grandparents, ran a local newspaper when I was a kid. During Junior High I was lucky enough to get to hang out at The Pender Post after school with them and travel Burgaw with my Granddaddy in search of some interesting scoops. The paper's office was right downtown across from the Courthouse where we frequently traveled to see what was going on or talk to those "in the know." Mostly though people seemed to just stop by their office and tell them what they had heard. Despite the town's small size, I was absolutely enthralled and rapt with attention at what was gonna happen next! One interesting blog containing up to the minute legal interest items is the Wall Street Journal's law blog. Try it and let me know what you think.

New legislation

2008-06-13T09:08:00.000-07:00

For those of you following developments in the family law arena, check out Florida Senate Bill 2532. According to the Senate's website Governor Crist signed the bill late last month. It appears to encompass a great variety of changes to existing law in this area. One of the most interesting aspects of practicing law is the fact that the law itself is not static but is constantly being written, revised and interpreted. It makes our work anything but dull!

Mediation versus litigation

2008-06-13T08:31:00.001-07:00

Many people ask me why bother with mediation? After all if they could agree they wouldn't be here, need me, etc... But the fact is with mediation, or for that matter any alternative dispute resolution vehicle, the parties are really in the "driver's seat". Instead of the Court telling the parties the results, the parties make the decisions that are best for their family themselves. Lawyers are useful at mediation to help the parties know the likely results in Court and to help the parties stay on task actively working on resolution. In mediation, lawyers serve mostly as problem solvers rather than adversarial litigators. Some cases can't or aren't solved through mediation and some are solved beforehand through direct discussion. But on the whole, for most cases mediation is very useful resource. This week I attended 1 mediation and I believe I have 5 or 6 set in then next 30 days. My hope is that all of them end with a satisfactory agreement.

Father's Day

2008-06-09T07:45:00.000-07:00

I was contemplating what story I should tell about my Dad in light of Father's Day this coming Sunday. There are so many that come to mind. My Dad has always been like a steady solid rock to me. He is funny, smart and strong.

Once when we lived on a pond he built a bridge to cross to the other side where my Grandparents lived. Now of my Dad's talents engineering and building are not high on the list, so the building of this bridge was quite the project. When it was finally complete he worried that my sister and I could fall in and wondered what we would do if we did. So one day soon after the three of us walked down the bridge he knocked me in with his right hand and her in with his left hand. Of course we hooted and hollered and finally scrambled out of the murky water. I was much more upset about the possibility of swimming with snakes than of getting wet. But ultimately my Dad saw that we could both swim well and take care of ourselves. Then I guess he felt a little better about the bridge.

Not to long ago I was trying to teach my oldest to ride her bike. It was quite a grueling process, mainly because she was so scared of falling down. She had dressed herself in layers of long clothing, put knee and elbow pads on and strapped on her helmet to mitigate the perceived threat despite the sizzling temperatures. So finally in an attempt to quell her fears, when she was standing in the grass barely balancing with one foot down I reached over and nudged her over. She fell on the grass with the bike on top unhurt but a little shocked and yelled, "Hey Mom, Why'd you knock me over!?" Well like my Dad my ultimate goal is to know that she can take care of herself. But even more I want her to know that she can take care of herself. She rides now, probably in spite of me, but I do feel a little better. Hopefully she does too.

Technological advances

2008-06-09T05:36:00.000-07:00

Technology is a truly double-edged sword. How many of us have accidentally sent an e-mail to someone we didn't mean to? Maybe hit forward instead of reply or vice versa. I made that error once back when e-mail was just becoming common place, at least common place for me. I think it was in law school. But once was definitely enough.

Of course with all this technology we have the ability to be instantly connected and to see new information continuously updated. Generally that is a good thing. I am enjoying having this space and certainly enjoying the feedback I have received about this blog. The interactive characteristics of a blog and the ability to update it so easily, as opposed to a website, make it full of possibilities. As I said I so look forward to your comments. Keep them coming!

Back and Forth

2008-06-05T04:59:00.000-07:00

So I came in and worked over last weekend. I followed up on a variety of relatively small matters that had been sitting on my desk awaiting my attention. I typed up lots of memos to my Assistant and action plans to follow-up on.

Now four days later all of those items are back in my office. My Assistant did follow-up. But now they are back to me for some further action I must take.

When she just deposited 10 additional files on my desk she kind of snickered. So now my office looked like hers did. I do not begrudge the work by any means but somehow I do prefer my desk being clear. I guess she does too.

I know some people feel the sign of a messy desk is the sign of major work underway and I cannot dispute that notion but I much prefer organization on my desk. I generally make lists of the work needed to be done with priority preference identified. So then my desk top is actually clear but for that list. But I also know some who would say why waste the time on a list and just dive right in.

Let me know which system you prefer; but for now I am off to "dive in!"

Being Present

2008-06-04T11:11:00.000-07:00

As I run through life busy with errands, dinner, and meetings, I often find myself briskly answering my children's questions with the shortest, most "to-the-point" answer possible. I generally think of my straight forward bottom line analysis as a positive character trait. Especially when it seems a fast answer is important.

But lately at home it seems I am constantly in a hurry, just trying to get from point A to point B. And then on occasion, one of their thoughts or questions stops me dead in my tracks. I can almost see the gears turning in their heads and I am just amazed by the depth of their thought or question. It is in these little moments when I can really be present with them that I feel like I am right on the edge of realizing the so called meaning of life. Enjoying their growth, their curiosity and their imagination is just such a gift; I have to remind myself more frequently to slow down and listen.