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More than $31 million in last minute statewide budget cuts have Florida’s court clerks scrambling to reduce costs. Proposed funding to the various offices was cut in the last two weeks of the 2012 legislative session. As a result of the budget cuts, the state’s court clerks claim civil cases such as divorces will likely be significantly delayed well into 2013.

Court clerks receive, process, and store all Florida case documents. Their budgets were cut by 17 percent in 2009. After lawmakers cut court clerk budgets by another seven percent earlier this year, the clerks held an emergency meeting on March 14th to discuss the ramifications. Sharon Bock, Palm Beach County Clerk, said her office alone has seen a $10 million decrease in funding during the last three years. Bock believes she cannot operate the court in a constitutional manner if she reduces her staff any further. Instead, she plans on tabling technology expenditures and cutting staff overtime. As a result, Bock has warned that civil courts in Palm Beach County will be disturbed and residents can expect to have their patience tested.

Bock predicts lines will be longer this year at the Palm Beach County Clerk’s office. She also believes a general backlog in civil cases such as divorces will necessarily follow the most recent round of budget cuts. The constitution mandates due process and the right to a speedy trial in criminal cases. Unfortunately for divorcing couples and others, such requirements do not extend to civil cases. Constitutional requirements, budget cuts, and an increase in foreclosure and red-light camera ticket cases means more civil cases will likely be delayed.

If you are considering divorce, it is important to remember that Florida is a no-fault divorce state. This means no one needs to be blamed for the end of a Florida marriage. If the parents of minor children choose to dissolve their marriage, the former couple’s final judgment of divorce will include a custody arrangement and a parenting plan, also called a time-sharing plan. A Florida time-sharing plan will outline which parent a child will spend overnights, holidays, and other days with each week or month. If you are faced with divorce or another stressful family law matter, it is a good idea to contact an experienced Florida family law attorney to help you navigate the legal process. Having legal counsel on your side during a contested marital or family law matter can have a significant effect on your future.
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Yesterday, a judge in Miami-Dade’s Family Court lifted an emergency protection order that forbade a 22-year-old father from seeing his 3-year-old daughter. The father is currently engaged in a custody battle with the child’s mother, a Venezuelan national who reportedly accused him of kidnapping their daughter in March 2011. She allegedly filed a missing persons report on the child before returning to Venezuela to give birth to another baby. It is currently unclear whether she ever intends to return to the United States.

In February, the father was reportedly arrested in Pensacola and returned to Miami-Dade on interfering with child custody charges. He was released from jail on Wednesday. His mother was also reportedly arrested for interfering with child custody after she brought the child to court last month in order to demonstrate she was not missing and was being well cared for. Last Monday, a Miami-Dade judge dismissed both interfering with custody charges.

According to the man’s mother, she and her husband had custody of the child at the time the child’s mother reported her missing. The child’s mother allegedly accused the child’s father of child abuse, child neglect, and domestic violence as well as kidnapping. A home study of the grandmother’s residence reportedly revealed no environmental hazards, no evidence of abuse, and stated the child was happy. Following the home study, Miami-Dade Circuit Judge Cindy Lederman granted temporary custody of the child to the grandparents. Permanent custody of the child will not be resolved until the child’s mother returns from Venezuela.

To many parents, the question of who will retain custody of your children following a separation or divorce is an emotional one. Since October 2008, child custody arrangements in Florida have been referred to as time-sharing schedules. A time-sharing agreement generally outlines the amount of time a child will spend with each parent, including overnights, weekends, school breaks, and holidays. If parents cannot come to an agreement regarding a time-sharing plan, one will be ordered by a family court. A Florida family court will normally examine the moral fitness of the parents, any evidence of abuse, and a variety of other statutory factors when creating a time-sharing schedule. Because a Florida parent who wishes to modify a time-sharing plan must show substantially changed circumstances, modifying a time-sharing plan can be difficult. If you are a Florida parent who would like to establish or modify your child’s time-sharing plan, it is a good idea to contact a skilled family law lawyer to assist you.
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Broward Circuit Judge Susan F. Greenhawt, the present administrative judge of the unified family court, has notified Governor Rick Scott that she is retiring from her nine year tenure on the bench, effective June 30, 2012.

Divorce lawyers in Fort Lauderdale have been informed by Chief Circuit Judge Peter Weinstein that Circuit Judge Arthur Birken will step in and become the administrative judge of the unified family court. Judge Birken presently presides over marital and family law cases involving alimony, child support, time-sharing, parenting plans and paternity.

Judge Weinstein was surprised when Judge Greenhawt informed him in February of her plans to leave the bench and become a mediator. Judge Weinstein, along with many marital and family lawyers in Broward County, Florida, believe that Judge Greenhawt has displayed an extraordinary work ethic.

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A Titusville father and his girlfriend are being held without bail in Brevard County after authorities reportedly removed a 12-year-old boy who was allegedly starved and locked in a small closet in their home. The son of the 38-year-old father was reportedly taken to a local hospital where he was treated for dehydration and malnourishment after police went to the home to investigate a child abuse report. The father and his girlfriend were both reportedly arrested by police and charged with three counts each of aggravated child abuse and child neglect. During an emergency custody hearing, the boy, his 10-year old sister, and the girlfriend’s 15-year-old son were reportedly placed in the care of the Florida Department of Children and Families by Brevard County Judge Tonya Rainwater.

The couple is accused of allegedly starving the boy and locking him up as punishment for stealing food. According to police, the 12-year-old weighed only 40 pounds when he was removed from the home. The child was allegedly locked in a closet, locked in a bathroom, or strapped to a bed repeatedly over the course of the preceding year. The other two children taken from the home were also examined by physicians.

The father was reportedly investigated in 2010 for child neglect. After the allegations were investigated, the boy was allegedly taken out of the Brevard Public School system. Until this month, there was no further contact between the household and child welfare officials. Although the children are under the supervision of the Florida Department of Children and Families, they are currently being cared for by a grandparent. State officials are also attempting to locate the 12-year-old’s mother. They have reportedly located and are communicating with the father of the girlfriend’s son. The father of the 12-year-old reportedly has another child living with an ex-wife in Ohio whom he has not seen in approximately 14 years.

Few subjects are more emotional to parents than who will care for your children after a divorce or other separation. In the State of Florida, a parent who seeks to modify a child custody order has a responsibility to demonstrate substantially changed circumstances and the child’s best interests must justify any change. A family court will examine a parent’s fitness to raise the child, the parent primarily responsible for the child’s upbringing, the child’s age, and the child’s preference when considering a request to change a custody arrangement. Other factors such as the moral fitness of the parents, any evidence of sexual violence, child neglect, child abuse, or child abandonment, and various other statutory factors will also be examined.
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Florida’s Third District Court of Appeal has reversed a permanent periodic alimony and attorney fees award in a high profile divorce case. A Miami-Dade trial court awarded Nancy Loftus Quinones $14,135 in monthly alimony following her 2009 divorce from her husband of 18 years, ABC News correspondent John M. Quinones. At the time of the parties’ divorce, the former wife was reportedly largely unemployed for 18 years and the former husband earned more than $1 million per year. The couple also had two children who were attending private schools, one of whom was still a minor. Mr. Quinones reportedly voluntarily paid the private school tuition for both children.

At the time of the divorce, Mr. Quinones reportedly brought home more than $58,000 per month. He allegedly paid approximately $52,000 per year on college tuition and other payments for the couple’s adult son. Because the parties reportedly did not enter into a contractual agreement regarding the tuition payments, the trial court committed error when it considered the former husband’s voluntary payments for the couple’s adult child when determining the wife’s alimony award. This increased Mr. Quinones’ monthly expenses and reduced the amount of money he had available each month to pay alimony to his former wife.

Mrs. Quinones claimed she required $28,000 per month in order to maintain her current lifestyle. According to the Third District Court, the number was not unreasonable based on the parties’ lifestyle and her former husband’s income. Despite that no evidence was offered to refute the former wife’s financial claims, the trial court adjusted her alimony award downward. Consequently, the Third District Court of Appeal determined the trial court failed to properly take into account the standard of living the wife enjoyed prior to the couple’s divorce as required by Florida Statute.

The Third District Court of Appeal reversed and remanded the case for reconsideration of the permanent periodic alimony award. On remand, the trial court was ordered to disregard Mr. Quinones’ voluntary payment of tuition expenses for his adult child and to take into account the standard of living enjoyed by the parties prior to the dissolution of their marriage. Additionally, because there was nothing in the trial court record to demonstrate the former wife engaged in behavior to prolong litigation or inflate her attorney’s fees, the Court reversed the trial court’s costs award and remanded the issue for reconsideration. Finally, the Third District affirmed the trial court’s equitable distribution award.
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Two bills passed by the Florida House died in the Senate as the legislative session ended on March 9th. House Bill 549 would have put an end to permanent alimony in the State of Florida. House Bill 1209 was designed to ban Florida courts from considering foreign or religious law in legal decisions. As the session ended, the Florida Senate chose not to call either bill to the floor for a vote. Proponents of both measures have vowed to reintroduce the proposed laws in the future.

A spokesperson for the Florida Alimony Reform group, Alan Frisher, expressed disappointment in the Senate’s failure to pass alimony reform during the recent legislative session. According to Frisher, current alimony laws promote extended periods of animosity between ex-spouses. He believes the state should instead focus on the length of a couple’s marriage as well as transitional alimony which would purportedly encourage both spouses to become self-sufficient. Frisher stated the organization will continue to fight to change the state’s allegedly antiquated alimony laws. The Family Law Section of the Florida Bar Association strongly opposed House Bill 549 and the organization’s head, David Manz, referred to the Florida Alimony Reform group as a vocal minority.

The Florida Senate also declined to vote on House Bill 1209, “Application of Foreign Law in Certain Cases.” Although the measure did not single out Islamic law, it was often referred to by critics as the the “anti-Sharia” bill. If re-elected, Senate sponsor Alan Hays of Umatilla plans on reintroducing the measure in the next legislative session. Opponents of the failed measure have stated such a law is unnecessary and expressed concern over the intent of the bill as well as its effect on family law matters such as divorce and child custody. According to Hays, the measure was simply designed to ensure United States law is the only law considered by Florida courts.

In Florida, a court may award alimony where there is a need on the part of the alimony receiver and an ability to pay on the part of the alimony payor. A needs assessment will examine the distribution of marital assets and the couple’s standard of living prior to the divorce. If the potential alimony receiver has the ability to maintain the same standard of living after all assets are distributed, a Florida court generally will not award alimony.

Each year, many Americans find themselves in the midst of divorce proceedings. Although the range of emotions associated with the end of a marriage can feel overwhelming, the financial damage can also be devastating. If you are faced with the dissolution of your marriage, contact a qualified divorce attorney to help you protect your interests. An experienced divorce lawyer will discuss your options with you and help you file your case.
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Last week, the Florida House passed a bill which would ban all courts in the state from considering foreign or religious law in legal decisions and contract disputes. Despite passionate opposition from a variety of religious activist groups as well as two Jewish lawmakers, House Bill 1209 passed with a vote of 92-24. Although approximately 50 witnesses were on hand Tuesday to provide statements against the bill, lawmakers chose not to allow their testimony and instead went straight to the floor for a vote.

Critics refer to House Bill 1209 as the “anti-Sharia” bill in reference to religious based Islamic law. Although the bill was passed by a wide margin, Representatives Jim Waldman of Coconut Creek and Elaine Schwartz of Hollywood strongly opposed the bill. Representative Schwartz stated thousands of her constituents wrote to her expressing their concern over the measure. Because the bill would ensure Florida law trumps religious or foreign law in family law cases such as divorce and child custody disputes, she also expressed worry regarding how the law would affect divorces mediated by Jewish tribunals.

The bill, titled “Application of Foreign Law in Certain Cases,” was sponsored by Representative Larry Metz of Eustis who stated the proposed law was designed to prevent Florida courts from upholding Islamic law as has recently occurred in other parts of the country. He also stated he believes the law is fair because it applies to every foreign and religious law equally. Representative Metz cited increasing economic internationalization as an additional factor behind the law. He sponsored a similar ball last year.

Carin Marie Porras, chair-elect of the Florida Bar Association’s Family Law Section, believes the proposed law impairs the rights of Florida citizens. She stated Florida courts do not currently consider foreign laws that contradict public policy. The law’s effect on divorce and family law has the potential to be widespread. Before the bill becomes law, it must be approved by the Florida Senate. An identical Senate Bill 1360 is now under consideration by state lawmakers.

Each year many Americans find themselves in the midst of divorce proceedings. The range of emotions associated with the end of a marriage can feel overwhelming. The financial damage that can accompany a divorce can also be devastating. If you find yourself faced divorce, you owe it to yourself to consult with a qualified divorce attorney to help you protect your financial and other interests. An experienced divorce attorney will discuss your options with you and help you file your case.
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The members of the bar and bench are mourning the death of Maxine Cohen Lando, a veteran Miami-Dade Circuit Judge who died today at Mount Sinai Medical Center from cholangiocarcinoma, a bile duct cancer. She was 61.

Since spring of 2011, Judge Lando had undergone surgery and chemotherapy. Her condition began to deteriorate when she fell at the courthouse in October 2011. She had been in the hospital since February 2012.

Judge Lando began her legal career 40 years ago at the Miami-Dade Public Defender’s office. She was an Assistant Public Defender from 1974 to 1985, where she served in the Felony Division, and was a Senior Trial Assistant for both the Juvenile Division and the Misdemeanor and Traffic Division.

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In an 83-30 vote, the Florida House has passed Representative Ritch Workman’s bill designed to end permanent alimony in the state. House Bill 549 would not only prohibit new permanent alimony obligations in favor of long-term support orders, but it could also be applied retroactively to permanent alimony awards made in the past. This means Florida citizens currently paying permanent alimony would have the opportunity to reduce or eliminate spousal support obligations. The bill will now move on to the Florida Senate.

If the bill becomes law, it would reduce the length of time a court may award alimony payments to half of the length of the marriage absent additional written justification by a court outlining the need for a longer duration. It would also make it easier for those paying alimony to stop payments upon retirement and prohibit a court from ordering the paying spouse to live on a lower net income than the payee. Additionally, the law would prohibit a court from considering the income and assets of an alimony payer’s new spouse upon remarriage.

According to Florida Alimony Reform (FAR), a group that assisted in writing the bill, the law is necessary because current Florida alimony laws are unfair to men. 95 percent of divorced individuals paying alimony in the state are men and the financial burden of permanent alimony awards often prevent them from retiring. House Bill 549 was a compromise bill. FAR originally advocated for more sweeping alimony reforms.

The Florida Bar Association has publicly criticized the alimony bill and accused FAR of spreading misinformation. According to a press release written by David Manz of the Florida Bar Association’s Family Law Section, the proposed law is “far-reaching in magnitude and would have significant adverse and unintended consequences.” Although the Florida Bar reportedly agrees alimony reform is necessary, the organization claims FAR has exaggerated the purported lack of fairness in the current system. Manz also stated the Bar Association would support fair reform to Florida’s alimony laws.

In Florida, an alimony award is intended to maintain each spouse’s standard of living after a divorce. Because an award of alimony is contingent upon the financial needs of one spouse and the other’s ability to pay, alimony is not awarded in all circumstances. The length of the marriage also factors into any alimony awarded by a Florida court.

Although a permanent alimony award may be made at the discretion of a judge after a moderate or short-term marriage is dissolved, it is normally awarded to a spouse who is no longer capable of meeting basic financial needs after a long term marriage of more than 17 years. Florida courts are required to determine no other alimony award is “fair and reasonable under the circumstances,” before permanent alimony is awarded. For marriages which lasted between 7-17 years, there must be clear and convincing evidence permanent alimony is the appropriate award.
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A Broward County judge recently handed down a rather unusual bond court ruling to a Plantation man charged with domestic violence. At his initial appearance hearing, the 47-year-old defendant was ordered to buy his wife flowers and a birthday card, take her to dinner at Red Lobster, take her bowling, and attend marriage counseling.

The man was reportedly taken into custody after an argument with his wife escalated. The argument purportedly began because he failed to wish his spouse a happy birthday. According to the arrest affidavit, he pushed his wife onto a sofa, placed his hand on her neck, and threatened to punch her. Broward County Judge John “Jay” Hurley asked his wife if she was injured or afraid of her husband. After his wife responded she was not, the judge issued his order: the man was required to take his spouse on a date for her birthday.

According to Judge Hurley, he made the unique ruling because the incident was rather minor and the defendant had no prior arrest record. The judge also made clear he would not treat a more serious domestic violence case similarly. In this man’s case, his spouse did not appear to be in any danger despite the couple’s fight. Judge Hurley stated in this particular instance, his ruling was a better resolution than the alternatives of setting a bond or keeping the man in custody. Judge Hurley also ordered the couple to begin attending marriage counseling within one week.

In Florida, domestic violence can include assault, battery, stalking, aggravated assault, battery or stalking, sexual assault or battery, kidnapping, false imprisonment, and other criminal offenses. State law allows a victim of domestic violence to seek a restraining order against her or his alleged abuser. In order to obtain a protection order against an abuser, a victim must petition a court and provide specific facts regarding why a restraining order is merited. After that, the court will hold a hearing to determine whether a protection order is warranted.

A restraining order may also be granted where a petitioner has a reasonable fear that domestic violence will occur. If the court believes the petitioner is in immediate danger, based on the allegations in the petition, it may issue a temporary restraining order until a hearing can be held. Temporary orders generally last for 15 days, but are subject to an extension at the discretion of the court.

If a permanent protection order is granted, it will not expire. A petitioner must ask the court to modify or end a permanent restraining order. The petitioner must also demonstrate changed circumstances that warrant the modification or termination of the order. A temporary or permanent protection order requires an alleged abuser to stay away from the petitioner, the petitioner’s residence, place of employment, and other designated locations. It may also award a petitioner temporary custody of any minor children and require the abuser to give up their firearms and ammunition.
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