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This blog has previously discussed changes to Florida’s alimony laws (Senate Bill 718). Governor Scott vetoed this bill which included, as well, updates to Florida’s child custody laws.Specifically, child custody schedules were updated. Previously, there was never a codified mandate or guide that the custody break-down be 50/50 with both parents; rather judges just deemed what is right by a scattered amount of standards. Senate Bill 718 codifies a presumption that there be a 50/50 time sharing agreement between parents as, according to the legislature, it “is in the best interest of the child”. The bill does provide for basic and necessary exceptions or considerations to this presumption however.

Some of these considerations include: physical, mental and emotional safety of the child; distance makes the sharing too burdensome; a court order has prevented contact with one parent; a parent is incarcerated; domestic violence has occurred; clear evidence that extenuating circumstances require a modification of the schedule; or a parent does not wish to retain his/her level of custody.

Govenor Scott has admitted he does approve of “several forward looking elements of this bill” but he recognizes the importance alimony plays to many households. Currently, only four states have ended permanent alimony. Gov. Scott further criticized the Florida bill for its retroactive application which damaged ideas of fairness and “could result in unfair, unanticipated results.”

No Custody for Rapists

This April, the Florida legislature approved another more specific child custody bill which has been long overdue. The bill, SB 964, would prohibit a convicted rapist from acquiring child custody rights over the child conceived from the attack. The Florida House unanimously passed SB 964 with a vote of 115-0. The bill will be going to Governor Rick Scott and will take effect upon his expected signature.

A staff report in support of the bill reported that only 19 states terminate parental rights of convicted rapist for any child conceived through their crime. Now, with Florida having passed the bill, a startling 30 states (as well as the District of Columbia) remain which have no law on the books that bars a rapist from seeking visitation or custody rights. These states are as follows: Arizona, Arkansas, Colorado, Georgia, Hawaii, Idaho, Iowa, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nebraska, New Hampshire, North Carolina, North Dakota, Ohio, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia, and Wyoming.

Previously, rapists could seek custody of the child born from their attack. In some cases, this can even be used as a backdoor bargaining chip to discourage the victim from reporting the incident, testifying, or participating in sentencing hearings.
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This January, an Ohio father who was behind on his child support payments in an amount over $96,000 was ordered to stop having children. This type of judicial mandate, although rare, has been issued twice by Wisconsin in the past year.A father of four was first indicted in August 2011 when he was in arrears of close to $80,000. In 2013, with his unpaid child support closing in on $100,000, Judge James Walther extended his probation by an additional five years and issued this unique mandate.

Judge Walther described the need for such an extreme controversial condition: “It’s your personal responsibility to pay for these kids.” The terms became part of his probation and are not intended to be permanent, but violation of such order could lead to jail time.

An appeal is already expected as his lawyer has been arguing that the judge overstepped his boundaries, and such an order is a violation of his constitutional right of privacy. A court date for the man to reappear is schedule for July, 2013.

Individuals with children going through a divorce must be prepared for their eventual child support order. The best advice is to hire a competent family law attorney at the onset, since the initial child support order acts as a theoretical anchor for future modifications.

In Florida, neither parent may waive child support by the noncustodial parent as child support is meant for the child and should not be bargained away by parents.

Some possible punishments for failure to satisfy child support payments:

Loss of driver’s license. Oftentimes, the revocation occurs without immediate notification to the nonpaying supporter.

Interception of tax refund. Florida can and has “intercepted” tax refunds to defaulting parents.

Liens and wages. Like taxes, Florida may attach liens or garnish wages in order to satisfy outstanding debt. These methods place the debt of the child support away from the child’s needs and onto the nonpaying parent. Not only does this method affect the nonpaying parent’s cash flow but can also harm their relationship with their employer.

Bank savings. In some rarer instances, the State of Florida has been able to reach certain bank funds, and freeze others.

Harm to credit score. Different orders, defaults, or delinquency notices all appear on credit reports and harm the offender’s credit score.
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Spousal Refusal
In the context of healthcare and elder law, “spousal refusal” occurs when a healthy spouse (in this case referred to as the “community spouse”) refuses to pay for the healthcare expenses incurred by their unwell spouse. Generally, married spouses are obliged to financially contribute to the healthcare costs of their spouses, including nursing home costs.A spouse facing spousal refusal may fill out a form with Medicaid stating their spouse is refusing to contribute. Medicaid will then seek contribution or reimbursement from the “community spouse.”

In response to the often tight finances of the elderly, the federal government passed the Spousal Refusal law, which protects the community spouse from extraordinarily burdensome expenses, which may severely endanger the community spouse’s finances. In such cases, this law allows the ill spouse Medicaid access, and permits Medicaid to later seek reimbursement from the community spouse’s estate after his or her death. This methodology has generally been quite effective for couples facing significant healthcare costs in that it protects the couple’s assets, provides for the ill spouse, and gives reimbursement to Medicaid.

Dangerous Legislation
Currently pending in Florida’s House and Senate are two bills (HB 1323 and SB 1748) which would force the ill spouse to “cooperate” with Medicaid in seeking reimbursement from the refusing spouse. If the ill spouse is incapable of cooperating due to the nature of their illness, the ill spouse’s agent would be required to cooperate against the community spouse. Cooperation, although not yet defined, may include filing documents or testifying alongside Medicaid against the community spouse.

Certain amendments are being proposed by elder advocate associations such as the AARP and the Florida Department of Children and Families, which are attempting to move the focus off of mandated cooperation by striking sections and shifting the focus to targeting higher income individuals who are abusing the concept of Spousal Refusal. The purpose of the legislation should not be to make certain elders indigent, but rather to ensure that ineligible individuals cannot hide assets.

Without such amendments, the proposed legislation could have serious implications for elderly married couples. People who have been married for decades could begin considering divorce to separate property so that the ill spouse can continue to receive their much needed Medicaid, and the community spouse can pay family bills. Further, oftentimes when an elderly individual becomes too ill to oversee their affairs they appoint a child. If agents of ill individuals are legally forced to cooperate in seeking contribution from the community spouse, you will see houses divided and individuals compelled to speak against their parent or grandparent’s financial interest.
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On April 10, 2013, a couple accused of kidnapping their own children were arrested in Tampa after having been returned to the U.S. by Cuban authorities.The couple had officially lost custody of their two young boys on April 2. Last year, police found the couple at a hotel in Slidell, Louisiana, acting abnormally, claiming to be “contemplating their ultimate journey” and discussing the Armageddon. Upon further investigation, the couple was found to be in possession of weapons and narcotics. At that point the children, ages 2 and 4, were removed from the couple’s care and placed in foster care under CPS (Child Protective Services). The father spent the next week in jail and then, upon his release, visited the foster home his children were taken to and demanded them back at gunpoint.

The family’s flight to Cuba began after the Lousiana Family Court gave permanent custody of the boys to the father’s parents. The day after the ruling, the father went to his parents’ home in Tampa and kidnapped the children after tying up his own mother. The parents had their escape planned, and in the days leading up to the kidnapping, they purchased a 25-foot sailboat, the seller of which later tipped off authorities regarding the parents’ plan. The father, his wife, and the two boys then proceeded to sail to Cuba. The couple arrived at the Marina Hemingway, a facility slightly west of Havana.

Upon the parents’ arrival, Cuban authorities informed the U.S. State Department of the family’s presence on the island. After such information was passed on, “constant communication” was maintained between U.S. officials and the Cuban Foreign Ministry. This level of contact, concern, and communication was an important step for U.S.-Cuba relations as there does not exist any sort of extradition agreement between the countries.

Law enforcement officers retrieved the family and brought them back to the U.S., where the father is currently facing a slew of criminal charges, including two counts of kidnapping, child neglect, false imprisonment, interference with child custody, and others. The grandparents have expressed deep appreciation for how the operation was handled, and have welcomed the young boys back.

The Law Office of Sandy T. Fox can guide you through a safe and effective resolution of your child custody issues. Studies estimate there are nearly 1,000 within-family kidnappings per day in the U.S. In these cases, there is roughly a 50 percent chance that the kidnapping will be committed by the mother or father.

Parental kidnapping is a traumatic event for the children and the custodial guardians, often resulting in long term emotional harm for all parties involved, and in some instances physical harm. State legislation (Florida Statute 61.45 & the Florida Uniform Child Custody Jurisdiction and Enforcement Act) and federal legislation (the Parental Kidnapping Prevention Act of 1980 & the International Child Abduction Remedies Act) have extended the degree of preventive measures and applicable punishment for those engaging in parental kidnapping. It is important to operate through the family court for any custodial issues you wish to dispute, whether you feel you deserve a higher degree of custody, or you don’t believe the person with custody should have such responsibility.
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Florida Family Court Judge and former prosecutor Susan Aramony, of the 17th Judicial Circuit Court (Broward Circuit), passed away in her Fort Lauderdale home on Monday April 8, 2013.

Ms. Aramony graduated from Emory University School of Law in 1981 and went on to lead a successful career as a prosecutor. After graduation, Ms. Aramony served as a Broward County Assistant State Attorney for the Juvenile Division of Broward County. Prior to her appointment to the bench, Ms. Aramony had ascended to head of the Juvenile Division. During this time, Ms. Aramony operated as a member of the Gang Activity Prevention Advisory Board and as the chairwoman of the Juvenile Justice Board of Broward County.

After having served over 12 years in the Juvenile Division, Governor Jeb Bush appointed her as the Unified Family Court Judge of the 17th Circuit, Broward Circuit in December 1999, taking office the following January. Then-governor Jeb Bush explained his motivation in selecting Ms. Aramony, stating that “Susan’s hands-on experience as an assistant state attorney within Florida’s legal system has given her the knowledge and skills needed to do a tremendous job”. According to Bush, her experience in the juvenile system gave her the perspective to see the harmful effects crime has on the family unit and how to best be fair to the parties. In 2008, Ms. Aramony was re-elected as County Family Court Judge for an additional six year term.

Ms. Aramony’s reputation was renowned throughout the Florida family court system, and her thirteen year legacy on the bench has garnered admiration for her character and dedication. Chief Administrative Judge Peter Weinstein described Ms. Aramony as “one of the most caring, kind and concerned human beings I’ve ever known”. These views were shared by Broward County’s top defense attorneys and prosecutor, with State Attorney Mike Satz describing her as “a very good person who touched the lives of many, many people” and Public Defender Howard Finkelstein recounting that Ms. Aramony was “always fair, as a judge and as a prosecutor”.

Aramony’s family has expressed their wishes that cause of death not be disclosed but mentioned that she was home at rest with her husband and sons when she passed away. However, according to the Daily Business Review Broward affiliate, Ms. Aramony had suffered a long battle with cancer.
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In November 2012, a fifty-year-old father of three was found and arrested in the Philippines and extradited to the US after having been featured on the Department of Health and Human Services list of “Most Wanted Deadbeats”.In 1995, a county judge in Long Island, NY ordered the man to pay $750 per week (which was eventually increased to $995), to his ex-spouse for the support of their two children. The couple had been married for 10 years, and the man’s annual income from his own business was over $500,000.

In 1997, the man moved to Florida and married his second wife, with whom he had his third child. Shortly after, the couple divorced and the man was ordered to pay an additional $625 to his second wife for child support. This is when the man fled the country.

After having paid a total of $87,000 worth of child support payments, he stopped. Warrants for his arrest were issued in 2000 and 2002. To evade payments and prosecution, he fled the country. He was located in Thailand before being arrested in the Philippines.

After being brought back to the US, the amount of child support in arrears, plus penalties and fees owed by the man, totaled over $1.2 million. Attorney Loretta Lynch described his character when she said in a statement: “Neither court orders nor the familial bond meant anything to him as he fled to avoid his obligations.” He could see a four year sentence for such support evasion, however, according to his first wife, he should be a free man to be able to work off his debt, which he is fully responsible to pay.

Florida Child Support Info
It is most advisable to contact an experienced family law attorney to assist you in calculating and submitting your financial information that will be the basis of your child support payments. Child support payments can be determined during your divorce action or possibly on a later date. Child support can also be modified due to changes in either spouses’ living situation. Courts will generally base child support on annual income, however they can take into consideration many other factors: including health costs, custody, cost of living, etc. Payments may be made weekly, biweekly, or bimonthly.

Either spouse can make a motion to court to adjust their child support for good cause. Enforcement of payments is performed by the Florida Department of Revenue. Failure to pay can lead to liens, suspension of vehicle or business licenses, harm to one’s credit score, or even prosecution.
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Divorces that occur in Florida are not always marriages that occured in Florida. Many married couples in the state of Florida tied the knot either in another state or maybe even a foreign country. When a couple divorces many US states consider the law of the jurisdiction where the nuptials were made.But in some cases there are exceptions.

The Florida Senate Judiciary Committee is reviewing a bill that would ban courts and other tribunals from considering the religious or foreign law of the originating jurisdiction of the marriage during a divorce proceeding. In place, Florida would be applied for such matters of divorce, alimony, division of property, child custody and support.

The current bill, introduced by Republican state Senator Alan Hays and Representative Larry Metz, is viewed by some as a direct affront to civil rights and individuals’ freedom of religion. Opponents see the bill as specifically rallying anti-Islamic attitudes to ban Sharia law. Sharia law is the Islamic moral code and is the law in numerous Islamic countries covering most criminal and civil actions including marriage and divorce. Sharia law applies in full as the de facto law of states including Saudi Arabia and Iran and influences the law of other major Muslim countries. The United Kingdom even allows for Sharia tribunals to mediate family law issues for consenting individuals and maybe soon will allow Sharia divorce in court.

Some basics of Sharia divorce:
Under Sharia law, a divorce is initiated once one partner says they want a divorce three times in a row. Different regions dictate whether this is a symbolic initiation or an immediate confirmation. Then the couple goes into a period known as talaq in which the couple is separated for three months. The man may insist on his wife’s return or if not the divorce is confirmed. One problematic factor of Sharia law is that a man may not be forced to pay alimony after the talaq period when the divorce has been finalized.

Similar bills in Florida have been proposed in the past, by the same two legislators of the current bill. In no instance has either proponent of the bill been able to cite a family law case where Sharia Law has been relied upon.

Last year, the 10th Federal Circuit Court of Appeals court invalidated an Oklahoma law that would have prohibited courts from considering Shariah law specifically. This specificity within the bill was likely its downfall, as it targeted a single group on the basis of a protected characteristic (religion). Proponent of the Oklahoma bill used as support a New Jersey case in which a judge refused to grant a restraining order for the wife because he was relying on the expectations of spouses as set out in Sharia law.
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There are instruction manuals for every device or household appliance you acquire, however, you get nothing after you tie the bonds of holy matrimony. The Florida Family Policy Council reports that Florida Senator Kelli Stargel, R-Lakeland and Representative Dennis Baxley, R-Ocala, are expected to introduce a bill to have a marriage handbook created and distributed to newlyweds.Currently, in order to obtain a marriage license, couples are required to read a “handbook” which details the cold harsh realities of marriage but not actual constructive advice. The current handbook has instructions on how property would be divided in a divorce, what to do in the case of domestic violence, or what you can and can’t legally do to your spouse and children. This proposed handbook would try to help couples from having marriage’s darker side.

The guidebook’s purpose is to possibly curb divorce rates and other incidents of marital discord. The guidebook would cover topics of sharing finances, conflict management, parenting skills, and other important matters individuals entering a lifelong bond would need to know to ease their inevitable obstacles. The guidebook would contain contact information for agencies and other supporting bodies for individuals needing further marital assistance. Similar guidebooks are distributed in Alabama, Arizona, Colorado, Louisiana, Oklahoma, Texas and Utah.

The guidebook would be given out at the offices of the clerk of the court to all couples looking to be wed. Sen. Kelli explains the need for such a guidebook saying “so many young couples getting married today come from broken homes and cannot draw upon a living example of how a marriage works”.

The new literature is welcomed. Florida, the sunshine state, currently ranks 8th in divorce rates. According to Rep. Baxley Florida taxpayers carry a $2 billion dollar annual burden for costs related to divorce and supporting single parent families.

Some question the usefulness of such a manual citing the idea that the couples to take an interest in reading the book will likely find solutions and those likely to ignore it will be the ones needing it the most. However, any opponents have little grounds to reject the proposal as the publishing of the book would be completely funded by money raised from private foundations and, accordingly, is not expected to cost the taxpayer anything.

The bill will appoint a Marriage Education Committee to create the book with the goal of helping and preparing individuals citing extensive research that supports that marriage education has allowed unprepared couples to end the engagement early rather than engage in an eventual divorce.
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Alimony, otherwise known as maintenance or spousal support, has long been a pillar of social and economic stability for individuals reorganizing their life after a divorce. A bill intended to reform Florida’s alimony laws, known as HB231, has just passed its first subcommittee in the Florida House in a 10-2 vote and is now headed the House Judiciary Committee to be decided in the next several weeks. The HB231 bill’s purpose is to limit the extent of alimony, both the amount and the duration.

Alan Frischer, of Florida Alimony Reform, created the bill in hopes of updating what the group sees as Florida’s “archaic” alimony system. The bill’s sponsor, Ritch Workman, R-Melbourne, hopes this bill will allow someone who has gone through a divorce the ability to “move on with their life” without forever being tied to excessive payments. During the subcommittees hearings, several victims of the current “archaic” alimony system were brought in to explain their plight. The individuals included one divorced man who claimed about half of his salary went solely to alimony.Opponents of the current reform bill cited the important role alimony plays in many people’s lives, especially newly single parents. Many spouses develop a skill set, lifestyle, and spending budget based on the couple’s income. When the marriage ends the spouse who contributed to the household but has not developed professionally could be left in severe need; unable to pay bills based on the previous income. In most instances, this disadvantaged spouse is the woman which has led to critics, such as Rep. Cynthia Stafford, D-Miami, to call this reform “anti-woman”.

One of the basic most tangible tenets of HB231 is that it would limit the extent of alimony to 50% of the duration of the marriage. In other words, a 20 year marriage could lead to only 10 years of alimony. A divorcing partner could seek an extension of this time, which will be known as durational alimony, with only “clear and convincing evidence that exceptional circumstances justify the need for a longer award of alimony.” In order to make such a showing, one should contact a qualified Florida family law attorney.
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In January 2013, Miami-Dade County Judge Antonio Marin allowed an agreement between three people, permitting all three names be recorded on their daughter’s birth certificate as legitimate legally recognized parents.Two of the people, a lesbian couple, met the third, a gay male hairstylist, in 2006 by patronizing his salon. The business relationship evolved to a true friendship between the three and after a few discussions over 2008-2009, the man agreed to help the couple conceive a child. In 2010, the three initiated an insemination process that was soon successful. The man and one of the women became biological parents of the couple’s baby. According to the man, an agreement that he would be the “father” and would be able to see the child whenever he wished was made orally before the conception. The man claimed he couldn’t foresee the potential paperwork mess that might occur with three possible parents.

After the conception, the man had been approached by the couple and asked to sign an agreement stating that he was just a sperm-donor but never put anything in writing. The women’s attorney stated “When push came to shove, they figured he would understand the situation” and called their failure to have it in writing a “mistake”. The man then knew he needed to seek legal representation as his expectation of a, although somewhat nontraditional, family was in jeopardy. With the advice of legal counsel, the man initiated a paternity suit. A paternity action in Florida is filed in order to assist a parent in protecting vital parental rights such as visitation, custody, and financial support. Simply because someone is a biological father does not necessarily lead to him to be recognized as the father in a paternity suit.

The up-hill battle involved two years of litigation in a Florida courtroom; but to the man, this was his family, his future, and paramount interest. In Florida, true sperm donors lack any sort of parental rights. However, what the couple argued was that this was not a case of a sperm donor but rather a man participating only under the idea he was creating a family because of an agreement between the parties. The couple agree that the man is a valued and important part of the child’s life but according to their understanding of the oral agreement, they expected to have exclusive parental rights.

In addition to allowing the man on the birth certificate, Judge Marin also granted weekly visits for the new father. Since January the man has reported he is actually seeing the child more often, and he and the couple have put legal battle behind them. Seeing that all parties had the child’s best interest as their first priority, the Judge was happy to ensure that all three loving parents got the legal recognition they deserve.
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