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Florida Family Lawyer Blog

The posts in this blog focus on Florida family law issues including divorce , child custody/time-sharing, child support, mediation, domestic violence, parenting coordination, parenting rights of same-sex couples, and other family law topics. The posts discuss these topics under Florida law, and also focus on the family law local rules in Broward, Dade and Palm Beach Counties.

I hope the information here is helpful for you.

Florida Alimony Reform — Part II

Continued from Part I. Gov. Scott vetoed the Florida alimony reform bill discussed in Part I of this post, based on the bill’s applying retroactively to alimony orders entered in the past, even many years prior to the bill’s passage. There is a pretty good chance there will be a push in upcoming legislative sessions for alimony reforms similar to those passed this year, without perhaps a provision for retroactive application, so it is worth the time I think to look at some of the other significant alimony provisions in this past session’s bill. The bill removed the standard of living established during the marriage as a factor to consider in awarding alimony, and replaced that with “the needs and necessities of life” after the divorce, “taking into account the lifestyle of the parties during the marriage” and subject to a presumption that each party’s lifestyle will diminish following the

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Florida’s New Alimony Bill (Part I)

A new Florida alimony law recently was passed by Florida’s House of Representatives and Senate, and if signed by Governor Scott, goes into effect on July 1, 2013. An extremely significant provision of the new law is that it also applies retroactively to alimony orders entered before July, 2013 – more about that Part II or III of this post (The act that passed through the legislature also makes a change to the valuation of real estate in particular scenarios in a divorce, and a change to Florida’s time-sharing statute, creating a provision in the statute that equal time-sharing is in the best interests of the child(ren), unless certain conditions are present). The alimony provisions of the act would change the definition of short-term marriage to less than 11 years; define a mid-term marriage as 11 to less than 20 years; and long-term as 20 years or more. The current

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A Guardian Ad Litem for Your Florida Family Law Case

In a divorce or other family law case, if the Judge finds that it is in the best interests of the minor child(ren) in the case, the Judge can appoint a “Guardian ad Litem”. Either party to the case can request that the Judge appoint a Guardian ad Litem, or your Judge on his or her own initiative can make the appointment. The literal meaning of the phrase “Guardian ad Litem” is guardian for the lawsuit, or guardian for the purposes of the legal action only. A primary role of the Guardian ad Litem is to investigate the facts of the case for the Judge and report back to the Court – to talk with both parents, the child(ren) and other important witnesses in the case. The types of case where Guardian ad Litems are appointed are cases where there is significant conflict between the parties regarding children’s issues and/or

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Innocent Spouse Relief, and Your Florida Divorce

Even though Florida is a no-fault divorce state, issues of fault or wrong-doing often do come up in Florida divorces, regarding time-sharing, property and debt division, alimony and other issues in the case. This post, however, does not focus on fault or innocence in those contexts, but rather on relief that is sometimes available, and responsibility that can arise, when spouses file a joint tax return, and the IRS determines there are problems with the return and comes after the couple. One caveat to mention at the outset — this post is intended to raise issues you should be aware of and to point you in the direction of seeking tax advice if these issues are present in your case, not to provide any tax advice. I practiced in the area of tax law earlier in my career, but it is not my focus any longer, and tax law, like

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Uncontested Divorces in Florida

An uncontested Florida divorce filed in Broward County or another county in Florida is a divorce where the spouses have reached an agreement about all of the issues in the case – property division, alimony, time-sharing, parental responsibility, and child support if there are children, and any other issues in dispute in the case. There needs to be a signed settlement agreement between the parties addressing the issues, and a Parenting Plan (a special type of settlement agreement addressing issues regarding the children) and proof that both parents attended a court approved parenting course, if there are minor children. In an uncontested divorce, there still needs to be a divorce Petition filed, and there are number of other pleadings that need to filed and signed by one or both parties, but there is no need to go through the process of having the Respondent in the case served by a

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Keeping Perspective on Family Law Cases During This Holiday Season

This holiday season and recent events effectively and painfully lend some perspective to the kinds of conflicts and disagreements that arise in many other areas of life, including family law litigation and other arenas as well. We see some of a shift I believe in an area of disagreement like the “fiscal cliff” negotiations, that had been prominent in the political and financial life of the country recently – there seems to be less of a focus now on arguing or posturing and more on attempting to arrive at an agreement. That may have been something that was going to happen anyway, but the tone or approaches do seem different now (although in the one day since first writing this post, it appears that Washington may be returning to “normal”). There also can be a shift in the approach or mind-set in divorce and other family law litigation, or really

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Ariel Winters, Dependency Cases, and a Child’s Best Interests

There have been reports in the news lately about the placement of 14 year old Modern Family actress Ariel Winters with her sister, because of emotional abuse by the child’s mother. The process for Dependency cases in Florida, is very similar to the events described in the news reports regarding Ariel Winters. Florida Dependency cases often begin with a call to law enforcement or to the Department of Children and Families Abuse Hotline – 1-800-962-2873 (but can also start with an action filed in Dependency Court). The case is then investigated by a child protective investigator – in Broward County, child abuse investigations are handled by specially trained investigators in the Broward Sheriff’s Office (BSO). In Broward County (and I believe there is a similar process in some other counties), if there is a domestic violence injunction and there are children in the home, a BSO investigator will make contact

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Recent Guidance Regarding the Marital Standard of Living and Calculating Florida Alimony — Quinones v. Quinones

The Third District Court of Appeals – the Florida appeals court covering Miami-Dade and Monroe Counties, decided a case this year that provides guidance regarding what it means to use the marital standard of living for determining Florida alimony – Quinones v. Quinones, 37 Fla. L. Weekly D 699 (Fla. 3rd DCA, Mar. 21, 2012). The Florida alimony statute, Florida Statutes Section 61.08, lists a number of factors to consider in determining whether to award permanent alimony, or other types of alimony called durational alimony, rehabilitative alimony, and bridge-the-gap alimony. The Quinones case involved an award of permanent alimony, and this post will focus on what it means to use the “marital standard of living” in determining the amount of monthly permanent alimony. “Permanent” alimony continues until one former spouse dies or the payee remarries, and can also be modified if the payee enters into a “supportive relationship” or there

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“Mandatory Discovery” for Your Florida Family Law Case

One of the phases of divorce or other family law litigation, which you may find the most frustrating or time consuming for you, but which is often a vital stage of the litigation, is “discovery”. Discovery is part of the litigation procedures during which each side is entitled to receive and demand documents and records from the other; and to give the other side questions, called Interrogatories, which must be answered in writing, under penalty of perjury for false answers. Each party can take the other party’s or other witnesses “deposition”; and give the other a Request for Admissions – statements which you ask the other party to admit or deny in writing, also under penalty of perjury. Discovery is a process during which both sides can attempt to nail down any facts in dispute in the case. For family law cases (with a few specific exceptions, e.g. adoptions, enforcement

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