Author: Elf
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Is It Time to Consolidate the General Master and Child Support Enforcement Hearing Officer Systems?
The population in Florida is growing, and so is the number of divorces and family law cases. There aren’t enough judges to handle all these cases, which means that it takes a long time for cases to be heard. There are also other factors, like emotions and financial issues, that make family law cases difficult…
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Virtual Adoption: Contractual Estoppel of Parental Rights and Responsibilities
John Doe and Michelle Mother divorced when their daughter, Dana Daughter, was 10 months old. Michelle Mother made it difficult for John to see Dana, and eventually asked him to let her new husband, Peter Putative, adopt Dana. John agreed, thinking he wouldn’t have to pay child support anymore. But the adoption never happened. Years…
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Parental Alienaiton Syndrome: An Age-Old Custody Problem
Parental alienation syndrome (PAS) is a situation where a child is manipulated to think that one parent is good and the other is bad. This can happen in families that are together or split up. The child might act out against the “bad” parent, sometimes getting physical symptoms like headaches or not eating. They might…
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Are Tort Claims Compulsory in a Dissolution of Marriage Action?
In 1984, Beres Waite seriously hurt his wife Joyce and he was convicted of attempted murder. They got divorced and Joyce tried to get money from her homeowner’s insurance for her injuries. The court initially said she couldn’t because of a rule preventing spouses from suing each other. But later, the Florida Supreme Court said…
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Appellate Court Trends in Permanent Alimony for Gray-Area Divorces
This article provides guidance for lawyers looking to argue for permanent alimony in Florida for marriages that lasted 5-20 years. It discusses important factors like the age of the spouse and the length of the marriage that judges consider when granting or denying permanent alimony. It also mentions a key court case that established the…
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Happiness Is Being a Grandparent? The Evolution of Grandparent Visitation in Florida
Grandma and Grandpa Nomorals and Grandma and Grandpa Wonderful want to visit their grandchildren, Sonny and Joy. The parents are against it for different reasons. In Florida, the law allows grandparents to sue for visitation rights, but there are constitutional issues to consider. How the law is applied has changed over time, and it’s unclear…
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Navigating the Former Spouse Protection Act
The Former Spouse Protection Act helps to protect people who were married but are now divorced. The act covers things like sharing money and property after a divorce. It’s important to understand this law if you are getting a divorce in Florida. Source: https://www.floridabar.org/the-florida-bar-journal/navigating-the-former-spouse-protection-act/
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Practical Aspects of Parenting Conflicts: Preparing parents for litigation
In 1982, the Shared Parental Responsibility Act became law in Florida. This law changed the way parents share time with their children. Instead of one parent having all the say, both parents now have rights and responsibilities to parent their children. This law is meant to be in the best interest of the child. Divorce…
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Coping with Client Expectations in Divorce
High school students should know that a family lawyer needs to understand their client’s feelings about divorce and the legal process. A therapist who works with divorcing clients can provide important information to the lawyer that the client may not share directly. A good lawyer-client relationship is important for a successful outcome in a divorce…
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Appellate Court Trends in Rehabilitative Alimony
Rehabilitative alimony is a type of financial support that a court can order one spouse to pay to the other for a limited time after a divorce. It’s meant to help a spouse who has limited ability to earn money because of the marriage. The court uses certain factors to decide whether to award this…
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Health Insurance and Other Health-Related Expenses in Family Law: An Overview
In 1984, The Florida Bar Journal published an issue about health law. The health care industry in Florida was growing, and there were challenges in controlling costs while maintaining quality care. Fast forward to today, and the industry is still rapidly changing, with lots of new rules and regulations. The current issue of the Bar…
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Impact on Divorce Taxation Issues of the Taxpayer Relief Act of 1997
The Taxpayer Relief Act of 1997 affects how taxes are handled during a divorce. It changes how assets are valued and how capital gains are taxed. It also provides tax credits for having children, and waives penalties for early withdrawals from retirement accounts for certain expenses. When dividing marital assets in a divorce, it’s important…
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Cross-Examining the Pension Expert
This article explains how to cross-examine a pension expert in a legal case. It shows that many so-called experts don’t actually understand pension valuation. It also gives criteria for measuring an expert’s expertise, such as their background and training. It explains that actuaries are the most qualified to give opinions on pension value. When questioning…
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Child Support and the High Income Parent: Uses and Misuses of the Good Fortune Trust
When parents have a lot of money, it’s hard for the court to figure out how much child support should be. One way they solve this problem is by creating something called a “good fortune trust.” This trust is set up by the court when the regular child support amount is considered too much for…
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Religious Freedom v. Parental Responsibility Determinations
As more couples with different religious beliefs get divorced, the issue of how to raise their children in terms of religion becomes more common. Should the parents’ religious beliefs be considered when deciding who the children live with most of the time? What happens if the parents disagree on how to raise the kids religiously?…
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Evidentiary Trends in Domestic Violence
Domestic violence is a big problem in society and many states are changing their laws to make it easier to prosecute these crimes. Different states have different rules for admitting evidence in domestic violence cases. This article looks at how various states deal with this issue. In domestic violence cases, victims often refuse to testify…
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Step Two in Any Divorce Proceeding: See an Estate Planning Attorney
After filing for divorce, it’s important for the client spouse to meet with an estate planning attorney. This is because the client spouse’s goals and wishes for their estate may have changed during the divorce, and their existing estate planning documents may need to be revised. For example, if they previously planned to leave everything…
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Domestic Violence: Why the Florida Legislature Must Do More to Protect the Silent Victims
A nurse and a doctor at a busy hospital saw a woman who was hit in the eye and is seeing flashing lights. The doctor didn’t mention the hit or the person who hit her, and just said she had a face injury and high blood pressure. The doctor didn’t ask about any abuse the…
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Child Testimony
Testifying in a divorce case can be stressful, but some judges don’t allow the parties to testify. Some judges also don’t allow children to testify, even if they are the ones most affected by the court’s decisions. This can make it harder for the court to hear important information, like if a child is in…
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Domestic Relations Provisions of the IRS Restructuring and Reform Act of 1998
The IRS Restructuring and Reform Act of 1998 changed the rules for married couples who file joint tax returns. Before the changes, both spouses could be held responsible for the full amount of taxes owed, even if one spouse was not aware of the mistake. The new law allows one spouse to limit their liability…
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Distinguishing Legitimacy from Paternity: Has Legitimacy Become a Label Without Substance Under Flo
Findlaw was sued by Attorneys In Motion for stealing their website design. The court said Findlaw was guilty and had to pay the other company for damages. Recent Florida court decisions show that paternity and legitimacy are now seen as separate concepts. Legitimacy used to be strongly tied to being born during a marriage, but…
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A Serious Penalty for Perjury
Florida courts can punish people who lie under oath in court with serious consequences, even if the President is in trouble for the same thing. A recent case, Cox v. Burke, shows how harsh the punishments can be. The court can dismiss a case if someone lies under oath (commits perjury) and it’s really bad.…
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Parental Alienation Syndrome: How to Detect It and What to Do About It
Parental alienation syndrome (PAS) is when one parent turns a child against the other parent during a divorce. It’s often hard to prove in court because it involves a lot of accusations and counter accusations. In this article, we’ll talk about four specific signs of PAS that can help identify it in a court case.…
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Family Law Fees The High Points and the Current State of the Law
Understanding how fees are awarded in family law cases is an important and evolving issue. While the starting point is always the financial need and ability to pay, there are many nuances in the law that can make a difference. Mastering these nuances can help lawyers better advocate for their clients in fee award disputes…