Bills Propose Changes to Alimony Laws

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From TBO.com:

On Friday, the House Civil Justice Subcommittee unanimously approved [Florida Rep. Kelli] Stargel’s bill requiring judges to ensure that those who pay alimony do not wind up with significantly less net income than those who receive it. A companion bill in the Senate has been referred to several committees, but has not yet had a vote.

The bill also would limit permanent alimony – which now ends only upon death or the remarriage of the person receiving it – in favor of alimony for a limited time.

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Mixed Martial Artist Chuck Liddell Requests “Full Custody” of Child. What Should You Request?

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TMZ.com reports that retired mixed martial artist Chuck Liddell requested “full custody” of his child in a California courtroom:

Chuck Liddell Requests "Full Custody"

Chuck Liddell Requests “Full Custody”

Chuck Liddell is in an L.A. courtroom asking a judge for full custody of his son, after the boy allegedly told him he didn’t want to live with his mom anymore.

Sources tell us 12-year-old Cade was visiting Chuck from Colorado, where he lives with [his] mom, Lori Geyer.  Chuck claims the boy was depressed and upset and didn’t want to go back.  And, Chuck says, Cade complained that he was “living with a severe toothache for 2 to 3 months.”

Chuck took Cade to a dentist, but feels his son’s “health and safety are at risk.”

Chuck’s lawyer mentioned in court the boy was allegedly abused by being forced to perform physical labor — including snow removal.

Though I frequently use the term “custody” when explaining family law issues to clients, the fact is that Florida courts no longer rule on “custody.”  Instead, a Florida judge will enter an order concerning “time-sharing” and “parental responsibility.”

Though this may seem like mere semantics, it is important to know what to ask for, and what a judge will grant.

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Special Needs Children and Divorce

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California family law attorney Lisa Helfend Meyer recently discussed particular issues that arise in divorce cases involving special needs children:

A parenting plan for the typical child may not be appropriate for an autistic child or one with other developmental issues. For example, it’s not unusual for the typical 3 year-old child to be able to have overnight stays with the non-custodial parent. She can understand the concept of time and that she will see her other parent again. The special-needs child often has difficulty with transitions, she is comforted by the familiar and doesn’t like changes in environment. Likewise, she may not be unable to express herself verbally nor to understand abstract concepts like time. Custody and visitation decisions for a special-needs child must take into account many issues like these.

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Limited Representation: A Cost-Effective Family Law Option

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As the economy went south, everyone sought options to trim his or her budget.  Some people skipped Starbucks and began brewing their own coffee.  Others found creative ways to recycle their grocery bags.  Still others completely transformed their driving habits to achieve better gas mileage.  But one pronounced trend in the legal community has been the amount of people who decided to represent themselves in family court.

Unfortunately, there are often consequences to a party’s decision to save money and appear pro se (represent him or herself).  I have had many litigants come into my office after attempting to proceed with no legal counsel and finding that (a) their case had been dismissed or they face contempt of court because they did not follow proper procedure, (b) they wasted their hard-earned dollars on unnecessary fees and “money saver” programs that became obsolete once the opposing party began contesting the matter, and/or (c) their case has dragged on because they did not know how to bring their matter to conclusion.  But, alas, not everyone can afford an attorney to fully represent them.

Thankfully, Florida Family Law Rule of Procedure 12.040 provides a cost-effective option:  limited representation, also known as unbundled legal services.

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Technological Solutions to Shared Parental Responsibility

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South Carolina Attorney Megan C. Hunt mentions some online tools available to help facilitate co-parenting:

But the reality is that co-parenting is HARD.  It is difficult for two people who have decided they can’t get along to coordinate schedules, discipline, and all the other details of raising children.

Because co-parenting is so tough (and such situations are so common), there are now services and communities especially for parents who need help.  One such program is Our Family Wizard, which provides a calendar for documenting parenting time, an internal message system for communications with your ex-spouse, the ability to keep a shared or private journal about your children, and a way to share the children’s health, education, and other records.

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What is a Parenting Plan?

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According to Section 61.046 of the Florida Statutes:

“Parenting plan” means a document created to govern the relationship between the parents relating to decisions that must be made regarding the minor child and must contain a time-sharing schedule for the parents and child. The issues concerning the minor child may include, but are not limited to, the child’s education, health care, and physical, social, and emotional well-being. In creating the plan, all circumstances between the parents, including their historic relationship, domestic violence, and other factors must be taken into consideration.

(a) The parenting plan must be:

1. Developed and agreed to by the parents and approved by a court; or

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Helping Kids Cope With Divorce

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School counselor Leslie King and teacher Daryl Sollerh offer some tips at the Huffington Post on how to help children cope with their parents’ divorce:

First, let’s face it: No one is a saint. No one is immune to the pain, challenges and uncertainties a separation or divorce can visit on a family — especially not children.

So even though mom and dad may be moving through some of the most potentially stressful and sad periods of their own life, they still are somebody’s mom or dad, and must try to find a way to help their child, even if they themselves feel as if they are not getting much help from friends or the world.

Should your child rage, do your best not to take it personally, even when it is directed at you. Try to give yourself the space and time to recognize that they too need to vent their feelings, especially the most gut-wrenching ones. It is better that they release the feelings inside them as best they can, instead of bottling them up, which could prove far more damaging in the long run.

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Video: Divorce TV – Child Support Guidelines

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The following video from Divorce TV discusses child support guidelines:

Keep in mind that each state’s child support guidelines are different.  Florida’s child support guidelines are based on section 61.30, Florida Statutes.

If you have questions regarding child support and wish to set up a consultation with The Law Firm of Adam B. Cordover, P.A., call us at (813) 443-0615 or fill out our contact form.

Family Law Filing Fees in Polk County

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I previous wrote about filing fees in Hernando County, Hillsborough County, Pinellas County, Pasco County, and Sarasota County.  In this post I review current filing fees in the Tenth Judicial Circuit, Polk County, for common family law matters.  A person who initiates a family law case (the “Petitioner”) will pay the following:

  • Adoption- $400.00*
  • Child Custody (non-divorce)- $300.00**
  • Child Support (non-divorce)- $300.00**
  • Divorce (includes recording and reporting of final judgment)- $408.00**
  • Name Change- $400.00*
  • Paternity- $300.00**
  • Temporary Custody by Extended Family Member- $400.00*

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Video: Cheaterville

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The following video from KLAS, a CBS affiliate in Las Vegas, discusses a website called Cheaterville:

Please note that parties to a family law case should be careful about what they post to social media and other sites, especially if their case involves children.  As one of the factors in custody decisions is the ability to facilitate a close relationship between a child and his or her other parent, a scathing post on Cheaterville may be seen by a judge as antithetical to a child’s best interests (even if the other parent’s act of cheating was also against the child’s best interests).

People posting on these sites may also subject themselves to defamation and libel lawsuits.

If you have questions about divorce and would like to set up a consultation, you may contact The Law Firm of Adam B. Cordover, P.A., by telephone at 813-443-0615 or by filling out our contact form.