The Law Planet Blog

Permanent alimony appears to be on its way out if the male-dominated Florida legislature gets its way this session. A growing alimony reform movement has found its voice within Florida's House of Representatives to significantly alter how alimony claims are decided. The concept of permanent alimony may be altered to the point of such awards no longer being possible. Severe restrictions are being proposed on the ability of judges to exercise discretion in how such awards are provided. Most divorce cases present situations that are unique to the litigants. Judges need the ability to tailor each decision to the uniqueness of each case. There are even restrictions on the award of attorneys’ fees. Wealthy spouses who want to divorce can now try to severely restrict temporary attorneys’ fee awards to the other side. Historically, judges have the power to make things equal on a temporary basis so that the less fortunate spouse can hire an attorney with the same skills and abilities as the wealthy spouse’s lawyer.

Given most judges now have caseloads in excess of 1,500 cases, language requiring bifurcation (multiple trials) if a matter is not resolved within 180 days seems almost comical given the same legislature has failed to properly fund the court system. In Palm Beach County alone, there are 8 circuit court judge positions that cannot be filled because the legislature has refused to fund the positions. If this movement is successful, the same judges that are overloaded to the point of cases taking years to finish will now have to bifurcate a divorce, which will then require multiple hearings and cause even more delay.

The full language of this bill can be located on the Internet. I would urge you to contact your legislator and express your dissatisfaction with this movement. Persons with questions regarding their alimony needs or obligations can call LaBovick Law Group for a free consultation.

More than $100 billion in child support arrearages are owed to parents in the United States. The Federal government has recently launched Project Save Our Children in an attempt to collect this support. Federal agents, including FBI and Interpol are now cooperating in pursuing and tracking down deadbeats. Fleeing a county or state will no longer work as the federal government is now involved.

As a family law attorney, I have successfully pursued collection of more than $200,000 worth of child support arrearages against an heir to the Dodge fortune. He attempted to avoid paying by using a spendthrift clause in the trust that manages this multimillion dollar fortune. Fortunately, that did not work, and he was forced to pay significant penalties, including attorneys’ fees. I have also recently liened a deadbeat’s Palm Beach County personal injury case for the more than $400,000 in support arrearages he refused to pay.

Did you know it is also possible to force a person to sell their Florida homestead protected property, in order to pay support delinquencies? There is solid case law that supports this collection method. A few months ago I was successful in doing just that. I take collection of child support arrearages seriously and am always willing to discuss your case in a free consultation. I work with LaBovick Law Group to successfully assist parents in pursuing child support.

Recent changes to Florida's laws governing Durable Power of Attorney (DPA) documents might require the documents to be redone and re-signed. Any DPA signed prior to October 1, 2011, might now be stale and unenforceable or unusable. Banks and other institutions using or accepting DPA's are now allowed to reject such if certain requirements are not met. They can even delay the use of the DPA and insist that the user obtain a legal opinion that the DPA is still valid. These new laws allow delay in the enforcement or use of the DPA at the banks discretion.

How many times have we heard that having a DPA is absolutely necessary as part of the will, trust and estate planning a person needs?

With the recent changes in the law, any Florida DPAs signed prior to October 1, 2011 might be rejected as being noncompliant! One of the key changes is that "general" provisions are no longer valid. The powers given to the recipient must be specifically stated in the body of the DPA. Imagine trying to fix this problem after the fact when you're trying to use the DPA for an emergency!

The creation of wills, trusts, living wills, medical care and healthcare, surrogate appointments, and other similar paperwork is part of the family law practice of LaBovick Law Group. Persons wishing to have their documents reviewed can contact our offices for a free consultation.

In a case of first impression for the state of Florida, the 5th District Court of Appeal recently issued its opinion regarding parenting rights of same-sex couples. This opinion, subject to review by the Florida Supreme Court, establishes the rights of same-sex couples when involved in a dispute over a child they intended to raise as parents. Regardless of the characterization of the parents, when two persons in a committed relationship make arrangements to become the parents of a child, one of the persons does not have the right to walk away from the arrangement and deprive the other of those rights.

In this case, the non-genetic mother who gave birth to the child left the country and moved to Australia, attempting to prevent the egg-donating mother from having any parental rights. The 5th DCA admirably stood up for the rights of "parenthood" and did not focus on the same-sex issue. This opinion is in line with the recently blogged California case in which the concept of "presumed parent" came up. It is likely that the trial judge in the Florida case will follow the "presumed parent" concept and order joint custody and time-sharing of this child.

Those persons wishing to explore their rights under these cases should call Attorney Joseph R. Fields, Jr., Esq. for a free consultation. The sexual orientation of a parent has nothing to do with that person's abilities to raise a child. LaBovick Law Group supports the rights of all parents to assist and participate in the raising of their children.

A recent California Court of Appeal decision has established the concept of "presumed parent" for persons who have an established relationship with a partner and has developed a parental relationship with that partner’s children. Although this decision involves a same-sex couple with only one of the couples having legal and established parental rights, it appears to open the door to other relationships in which opposite sex partners are in the same situation. This California Court of Appeal decision is not binding in any fashion in Florida courts, but it could be helpful in arguing that a non-married partner of a person who has children has the right to try to establish the necessary elements to show that such person should be a "presumed parent" for purposes of continuing contact, visitation or time sharing with those children.

There have been numerous instances (usually arising from a vindictive ex) in which children have been stripped from their established, long-term relationships with persons who the children had historically deemed to be a "parent.” This should not be allowed to happen in any state. What happened to the rights of children to live stress free and have relationships with those persons they deem to be parents? This is a new arena in the Florida court system, one that has not yet been fully tested. However, for persons who are in this situation, perhaps now is the time to assert this issue and claim entitlement to continuing contact, visitation or time sharing with children that they have been involved in raising.

LaBovick Law Group considers the rights of same-sex parents and opposite sex parents to being equal. Parents are parents regardless of orientation. The issue should be in proving the relationship, not some technicality that harms a child's development and results in children being forcibly kept from persons they have historically had parental relationships with.

For more information, visit us at www.LaBovick.com or call us toll free at 1-888-777-3884.

Article Reference: Mother’s same-sex partner is presumed parent

Palm Beach County Judge Smith finally had enough! She recently incarcerated a Lockheed Martin engineer for his continued refusal to pay support to a LaBovick Law Group client.

Having given the man multiple occasions to cure his failures, Judge Smith finally said enough's enough. The father was led away in handcuffs Tuesday and will probably spend the Thanksgiving weekend in jail. Turkey loaf might cure his contemptuous behavior! Having to pay additional attorneys fees might also fix his attitude.

As a family law practitioner, I represent several parents who are owed substantial monies for back child support. One of those clients is owed more than $400,000. Eventually it catches up to you: I recently liened his personal injury case and also obtained an order authorizing me to pursue foreclosure of his home in order to collect this support.

Many years ago, I successfully garnished the Dodge Trust for outstanding support obligations. In addition to collecting several hundred thousand dollars of past support obligations, I also recovered all attorneys fees paid by my client in pursuing the father of my client’s child.

Compelling the payment of past support obligations is a tough job. Many of these deadbeats feel entitled to continue to ignore their past obligations and actually seem insulted that we would try to collect against them. However, these cases are winnable!

Attorney Joseph R. Fields, Jr., Esq. has significant experience in collecting past support obligations. For a free consultation contact the LaBovick Law Group today!

For the past few decades, technology has allowed children to be born from deceased parents. In vitro fertilization allows frozen sperm or eggs to lead to children hypothetically years after the donor parent's death. In fact, both parents could have died years before the birth! How does such technology cause the legal system to adapt? Very slowly it seems. The United States Supreme Court is currently considering whether children conceived by in vitro fertilization after the death of their biological father are entitled to collect Social Security survivor benefits. So far, the children are winning the fight. However, in its infinite wisdom, the United States continues to appeal. There are currently more than 100 applications for Social Security survivor benefits for children conceived post-humorously. The nation’s longest conflict still being fought is contributing to this calamity. Many deployed soldiers are banking their eggs or sperm so that others can continue the genetic family line. Hypothetically, even the parents of a deceased soldier could make arrangements for their dead child to continue to create genetic offspring years after the soldier’s death. The government's position that these children are not entitled to benefits does not keep up with current technology and relies upon archaic definitions created at a time when women and children were considered property. It's time for a change to these archaic laws. Perhaps the United States Supreme Court will have the final say on this issue.

For questions regarding parental rights, genetic testing, child support and other family law related questions, please contact Joseph Fields, Esq. at the LaBovick Law Group.

Several changes have now occurred to child support laws in Florida that greatly affect recipients and payors. The most important change has been to the percentage of overnights that trigger a substantial reduction to the basic child support calculation. The old over 40% standard has now been reduced to over 20% of the overnights. What does this mean? The standard every other weekend and one night a week on the off week is generally considered to be slightly under 40% of the overnights. By having reduced the percentage to 20%, every standard visitation order now provides for overnights which entitle substantial reductions if requested. 3 extra nights a month could result in substantial reductions, in some cases, almost half the support! Additional changes deal with child care cost reductions and a requirement that support calculations involving multiple children must include termination dates for each child. Requests to deviate from the guidelines now have additional reasons to be granted. If you have questions regarding your child support rights, LaBovick Law Group provides an initial free consultation to discuss your case. Call us toll-free at 1-866-522-6842.

A recent article on Bankrate.com, "Help! I'm a victim of ID theft -- by my wife", highlighted an interesting scenario. A reader under the name "shocked", posed the following question to the Debt Adviser: Dear Debt Adviser,

I just checked my credit report and found my wife opened an account using my name and information. I have never used this account. I didn't apply for this credit. Now the account is delinquent. In your opinion, what is the best way to go about fixing my credit? Author, Steve Buscemi, gave a very detailed answer to the reader in regards to his marriage.

This question made me think about the implications regarding a person going through a bankruptcy or thinking about divorce. I sought answers from Florida Bankruptcy Attorney Audra Simovitch and Palm Beach County Divorce Attorney, Joseph R. Fields.

Continue reading "Unsecured Debt dispute with ex-spouse" »

In February, President Obama and attorney general, Eric Holder, announced that they considered Defense of Marriage Act, DOMA, unconstitutional and would no longer defend it in court. While the law is still on the books, the Justice Department will no longer defend the provisions of Section 3 and will leave that up to lawyers for Congress. DOMA refers to the exclusive federal recognition of marriages between men and women. In a recent turn of events, Bankruptcy Judges around the country are making landmark decisions regarding the rights of same sex couples in Bankruptcy Court.

In response to the bankruptcy case of legally married same-sex couple Gene Douglas Balas and Carlos A. Morales, 20 Bankruptcy Judges from the U.S. Bankruptcy Court in Los Angeles, signed a declaration that proclaimed Defense Of Marriage Act, to be in violation of the U.S. Constitution’s Fifth Amendment.

Judge Thomas B. Donovan of the United States Bankruptcy Court for the Central District of California wrote the following: “In this court’s judgment, no legally married couple should be entitled to fewer bankruptcy rights than any other legally married couple".

Continue reading "Bankruptcy Judges take giant step for rights of same-sex couples" »

For many many years, lawyers and Judges have cited to archaic decisions disfavoring rotating custody. Arguments that it would be in the best interest of the children for their parents to have equal custody time were ignored or rejected under these old decisions. Many of these decisions were premised on the old notion that mothers were the better parent to raise children.

Well, that line of cases is no more!

The Fourth District Court Of Appeal has recently issued an opinion in the dissolution of marriage case, Mudafort v. Lee, indicating that the Florida Legislature's recent statutory changes to Florida's custody laws mandates reversal of this old-fashioned thinking.

Florida Statute 61.13 now indicates "There is no presumption for or against… any specific time-sharing schedule when creating or modifying the parenting plan of the child." This important ruling now gives parents a clear and concise opinion that rotating custody must be considered along with any other proposed plans.

Continue reading "Rotating Custody or Timesharing is Now Alive in Florida" »

An amicable dissolution of marriage is the most preferred type of divorce case that a Florida Family Law Attorney likes to handle. Civilized divorces are devoid of drama, property wrangling or messy custody fights. They do not include frantic phone calls after hours and emergency hearings in family court. However, amicable divorces are not the norm when children are involved, issues of infidelity or other relationship deal breakers are involved.

Divorce parties, believe it or not, are becoming popular. The parties are intimate events that come with embossed invitations, a nice meal and live entertainment. The couple usually hosts the event together and displays that -- all marital differences aside -- they are committed to remaining friends. One nice thing, for guests is that no gifts are required.

Celebrities have started doing it. A recent example involves Rocker Jack White and Karen Elson. They released a joint statement, with wording so cute and clever and a stellar announcement, that it rivals an engagement announcement. They invited friends and family to celebrate their 6th anniversary and their upcoming divorce. Brilliant!!!

Continue reading "Divorce Party - Is this a new trend? " »

As a Florida Family Law Attorney, I'm always amazed to receive calls from people months or years after getting a divorce who have forgotten to finish wrapping up the loose ends. A recent Supreme Court of Florida decision illustrates one of these problems. Crawford vs. Barker, a June 9, 2011 opinion deals with a fight between a new wife and ex-wife.

Getting a divorce doesn't mean any life insurance beneficiary designations are automatically revoked or changed! The opinion quotes several examples involving significant life insurance monies being at stake because the now deceased ex spouse forgot or failed to change the life insurance beneficiary designation.

As a Florida family law attorney, I am frequently approached by recipients of child support or alimony who complain that they are not getting their money. A recent study on Understanding and Managing Child Support Debt estimated there is over $1 billion in alimony or child support owed at any given time. Many times recipients will simply give up and consider it noncollectable. DON'T DO THAT!

Recent court decisions indicate that deadbeats can be forced to sell their property. Even collection against the Florida homestead protected property/home can occur. Under Florida family law, there is also a little-known method of having personal injury proceeds liened before the money is received or spent. Even trusts with spendthrift provisions are not exempt from successful support collection efforts.

In previous cases, we have successfully obtained court rulings requiring homeowners to sell their homestead protected property in order to pay off outstanding child support and alimony arrearages. This should provide a sense of hope for parents battling over child support from a payor spouse that owns a home.

If the payor spouse is in an auto accident, an order can be entered liening the personal injury settlement proceeds before they're even offered! Don't give up! If you have a Florida family law dispute, keep the faith. Call a Florida Family Law Attorney to discuss your legal matter.