Tag: family-law
-
What Do I Do Now? All of the Children Are Not Exercising the Same Time-sharing Schedule
Child support guidelines were first introduced in 1987 to help determine the amount of child support that should be paid. In 2003, Florida adopted a second formula for cases where children spend a significant amount of time with both parents. The guidelines also allow for adjustments in certain circumstances, such as extraordinary expenses or the…
-
Winning the Race to the Courthouse: The Principle of Priority
Legal firm and attorney names have been replaced with placeholders. In this article, a famous celebrity is being sued for breach of contract by a music producer. The producer claims the celebrity didn’t fulfill their end of a deal to record an album. The lawsuit is ongoing, and both parties are trying to reach a…
-
The Bursting Bubble Dealing with the Marital Home During a Real Estate Recession
Back in the day, divorcing couples could easily sell their house and split the money. But now, with the housing market in bad shape, it’s harder to sell a house for a good price. People are stuck with houses they can’t sell or afford to buy out their ex-spouse. So, one person often has to…
-
Extortion: What Your Client Wants
Extortion is a serious crime in family law. It happens when one person threatens to accuse someone else of a crime or harm their reputation in order to get money or something else of value. This is against the law in Florida and can result in felony charges. If someone threatens you in this way…
-
The Application of Kinney System, Inc. v. Continental Ins. Co. to Modification of Child Custody Proceedings
When parents live in different states and want to change the custody arrangements for their child, they have to figure out which state’s court to go to. There are laws that help make this decision clearer, but sometimes it can still be confusing. When a court has the power to make a decision about something,…
-
Frozen Embryos, Divorce, and Needed Legislation: On the Horizon or Has It Arrived?
In 1984, the first baby was born from a frozen embryo. However, it wasn’t until 1992 that the legal world started thinking about what to do with unused frozen embryos when couples get divorced. Since then, there have been a few court decisions about this, but they don’t provide a clear answer for future cases.…
-
The Presumptions of Privette: Have They Perished with the Coming of Daniel and Disestablishment of Paternity
In Florida, the Supreme Court has ruled that once a child is born during a marriage, they have the right to be considered legitimate, even if they are not biologically related to the husband. This is to protect the best interests of the child. If someone wants to challenge this presumption, they must provide very…
-
Determining the Nonmarital Portion of Pensions and Retirement Benefits
This article discusses complex issues with retirement plans, specifically defined contribution plans like 401(k) and profit sharing plans. The main issue is determining the nonmarital portion of these plans in a divorce. There are two methods used for this, but both violate Florida Statutes. Using tracing investments as a method doesn’t work because the participant…
-
The Collaborative Law Process Act: The Future Is Now
In 2016, Florida passed a law called the Collaborative Law Process Act that allows families to work together to solve their problems without going to court. This helps everyone involved to communicate better and find solutions that work for everyone. The Florida Supreme Court is still working on the rules for how this process will…
-
Homeschooling and the Perils of Shared Parental Responsibility
More and more kids in Florida are being homeschooled, with over 75,000 currently doing it. Florida is known as a good place for homeschooling. Families have options for homeschooling that are recognized by the law. Homeschooling is a big lifestyle change for parents and kids. When parents who homeschool get divorced, it can be hard…
-
What the Abacus Can Teach Us About Technology (And Other Valuable Lessons About Innovation and Collaboration)
Access to justice, or the ability for everyone to have a fair chance in court, has been a big issue for a while. Many people can’t afford to hire a lawyer and get turned away from legal help. This is a big problem because everyone deserves a fair shot in court. The Florida Supreme Court…
-
The Commingling of Nonmarital and Marital Funds: Untangling the Changing Character of Assets in Equitable Distribution
When a married couple combines their money, it can be complicated to figure out who gets what if they decide to divorce. In Florida, the law says that assets should be divided equally, but there are exceptions if one person can prove that the money used to buy something was theirs before the marriage. The…
-
The Gay Divorcee: Marriage Equality in Florida and the Nation
In 2013, the U.S. Supreme Court made an important decision about same-sex marriage in the case United States v. Windsor. This decision marked a new era for marriage equality. The issue of same-sex marriage is still being debated, but it will likely be resolved soon when the Court decides if state laws banning same-sex marriage…
-
Recurring Issues with Florida’s Municipal Pension Plans in Family Law Cases
In Florida, a law says that municipal pensions and benefits are exempt from taxes and cannot be divided through a court order (QDRO). Courts have said that the only way for a nonparticipant spouse to get their share of a pension is by asking the participant spouse to make direct payments. This can cause problems…
-
The Dependency Exemption for Minor Children: When Following the Rules Pays Off
In 2011, about 84 million people claimed tax deductions for their kids. These deductions can help lower your taxes and give you other tax benefits. The deduction amount changes each year based on inflation, and it gets smaller for high earners. When parents split up and argue over who gets to claim the deduction, it…
-
To Catch a Time-sharing Deviation
The popular child support deviation and adjustment in Florida disappeared one day, but investigators found it. The catch-all exception in the child support guidelines helped crack the case. Calculating child support used to be up to a judge, but in 1984, Congress made guidelines for all states to follow. Florida’s guidelines have some problems and…
-
Purposeful Navigation Through the Seas of Social Change: A Theory-based Approach to Florida Alimony Reform
The law in Florida about alimony has been changing because society’s views on marriage and gender roles have also changed. In 2011, there were some changes to the alimony laws, but some people still thought they weren’t enough. In 2012, there was a new proposed law that would have made big changes to alimony, like…
-
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,…
-
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…
-
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…
-
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…
-
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…
-
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…
-
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…