Category: Florida BAR article
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The Progeny of Florida’s Reproductive Technology Statutes
In 1993, some new laws were passed about reproductive technology. One law said that if you donate eggs or sperm, you don’t have any legal rights or responsibilities to any kids that are born from it. But there are some exceptions, like if the donation is from a couple who wants to have a baby,…
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Tax Consequences of Distributing Equity Compensation Rights in Divorce
When a corporate executive gets divorced, a lot of their money might be in the form of stock options or restricted stock from their job. These are called equity compensation. Stock options are the right to buy a share of stock at a certain price, and they usually become available to use over a few…
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A Phantom Menace: SB 58/HB 351 and the Application of Foreign Law in Florida’s Family Courts
During Florida’s 2013 regular legislative session, there was a proposed bill known as the Application of Foreign Law in Certain Cases. This bill aimed to prevent the application of foreign law in certain family law proceedings in Florida. The bill did not pass, but there may be future attempts to introduce similar legislation. The sponsors…
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She Said What? What To Do in Civil Domestic Violence Proceedings with Child Hearsay
A nine-year-old girl tells her dance teacher that she gives her dad a towel after he showers. When her mom asks about it, the girl says her dad made her touch private areas on his body and told her to keep it a secret. The mom tells a therapist, who contacts the Department of Children…
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The Intersection of F.S. §55.03 and Florida Family Law: Statutory Interest Calculations for Past-due Support Payments
Before 2011, calculating interest on court judgments was simple – just use the daily rate for the days the judgment was owed. But a law change in 2011 made it way more complicated. Now, the interest rate is recalculated every quarter and adjusted annually. This change applies to most judgments, including overdue support payments. It…
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A Case of Neglect? Representation for Children in the Florida Dependency System
A law firm is suing a famous rapper for not paying their legal fees. The rapper claims the firm overcharged them, and the case is going to court. Children in Florida and Washington state don’t always get an attorney to help them in court when they’re in the foster care system. Florida has had a…
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Florida’s Psychotherapist-Patient Privilege in Family Court
In Florida, divorce cases often involve mental health professionals, and there can be problems when they are asked to share patient records or testify in court. It’s important to understand the difference between confidentiality and privilege when it comes to sharing mental health records with the legal system. Privilege is a legal protection that allows…
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The Marital Share of Passive Appreciation of Nonmarital Property: Deconstructing Kaaa for a Better Solution
The Florida Supreme Court made a big decision in the Kaaa v. Kaaa case about how to divide property in a divorce. It’s a complicated issue that could have a big impact on many people. This article explains the history of the law and court cases on this issue, discusses the Supreme Court’s decision, and…
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Binding Arbitration, Voluntary Trial Resolution, and Med-arb Proceedings in Family Law
Mediation is a way to resolve family disputes, but sometimes it doesn’t work if people are too upset or unwilling to compromise. In these cases, another process called “med-arb” can be used. This is when mediation and arbitration (or trial resolution) are combined to help families reach a resolution more efficiently and less expensively. It’s…
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CERCLA Investor Liability: Don’t Ask, Don’t Tell Won’t Work
In 1980, the government passed a law called CERCLA, which made people responsible for cleaning up hazardous substances on their property, even if they didn’t cause the contamination. This law has made investing in real estate much riskier because now people can be held responsible for cleaning up hazardous substances on their property, even if…
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Florida’s Water Future: A Legislative Proposal for the Distribution of WAter Resourses in Florida
Florida has a lot of water, but most of it is far away from where people live. The population is mainly by the coast, so there’s not a lot of fresh water available. The coastal areas also have a problem with saltwater getting into the water supply. The state government divides the management of water…
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Brownfields for Beginners
Brownfields are old, unused industrial or commercial sites that can’t be developed because people think they’re polluted. They’re often in poorer neighborhoods, but they’re not the most contaminated sites. People are scared of getting in trouble for cleaning them up and worry about getting money to develop them. Brownfields are important because accidents can cause…
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Resolving Administrative Disputes
In 1996, the administrative law in Florida was revised to include new ways to solve disputes: mediation and a summary procedure. Mediation is when a neutral third party helps the involved parties find a solution together, instead of going to court. It’s a flexible and informal process focused on reaching a mutually agreeable solution. Basically,…
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The Ripeness Doctrine in Florida Land Use Law
The Bert J. Harris, Jr., Private Property Rights Protection Act was passed in Florida in 1995 to help landowners who feel that their property rights are being unfairly restricted by the government. The act addresses the issue of ripeness, which is about whether a legal dispute is ready to be decided by a court. The…
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Concurrency and Moratoria
In Florida, there’s a rule that new development can only happen if there’s enough infrastructure in place to support it. This rule, called “concurrency,” was made in the 1980s. During a real estate recession, not much development happened, so the rule wasn’t really tested. There hasn’t been a case in Florida where a court decided…
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Estate Planning Issues in a Divorce Situation II: An Update and Standing Orders
In 2012, Ms. Brunner wrote an article in a journal about the rights of married couples in the process of getting a divorce and after the divorce is finalized. The article discusses how automatic orders in divorce cases may give more rights to the spouse who files for divorce than to the spouse in a…
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Domestic Relations Obligations: Dischargeable or Not in Bankruptcy?
This article explains how bankruptcy law and state laws determine whether family court obligations can be discharged in bankruptcy. The bankruptcy court looks at the U.S. Bankruptcy Code and relevant state laws to make this determination. There are two main sections of the Bankruptcy Code that deal with matrimonial debt, and they were changed in…
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Beat the Clock: Deadlines in a Military Divorce Case
In military divorce cases, it’s important to meet deadlines to ensure eligibility for federal and military benefits like survivor benefits and medical care. For military pension division orders, there’s no specific deadline, but delays can lead to problems like back payments and a reduced share of the pension for the spouse. There’s also a risk…
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Blueprint for a More Effective Family Court Intake Process and Beyond: Opening the Umbrella to Process Family Court Cases
The Florida family court system is working on improving the way they handle cases involving families. A task force was created in 2017 to come up with better ways to help people navigate the court system. They looked at what other places are doing, did some research, and got input from people who work in…
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Like Home: The New Definition of Habitual Residence
The Wizard of Oz story about Dorothy clicking her ruby slippers to go home is kind of like how lawyers are trying to help kids who have been taken to a different country by a parent. But it’s not easy, because different courts have different rules about when a child is considered to be living…
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Mental-Health Issues in Florida Family Law, Part 2
In the second part of this series, we are discussing whether a person’s mental health issues are relevant to a family law case. In simple terms, this means that if a person’s mental health affects their ability to earn money or take care of a child, it may be important in a family law case.…
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Mental-Health Issues in Florida Family Law, Part 1
Mental health plays a big role in family law cases. It’s important for the well-being of both parents and children. The U.S. Department of Health and Human Services defines mental health as how we think, feel, and act, and how we handle stress and relate to others. It’s important at every stage of life. Sometimes…
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Protecting an Inheritance in the Event of Divorce
Planning for passing on wealth to future generations can be a difficult and emotional task, especially when considering how to protect the inheritance from a descendant’s divorce. Clients want to make sure their children and grandchildren are taken care of, but they also want to keep the inheritance within the family and out of the…
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Ending Permanent Periodic Alimony: A Crisis for Enforcing Equitable Distribution Waiting to Happen
The Florida Legislature is trying to end permanent periodic alimony, which could affect how assets are divided in a divorce. This includes things like retirement plans and bonuses from work. The courts have made decisions that make this issue more complicated, and the legislature is trying to find a solution. After a divorce, there can…