General information on dissolution of marriage

Temporary Custody by an Extended Family Member

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If you have a nephew, niece, or grandchild living with you, you may have run into a roadblock when attempting to acquire his or her birth records or passport.  Further, you may have gotten the run around when attempting to make decisions concerning the child’s education or healthcare.  Fortunately, this state has a solution in chapter 751 of the Florida Statutes.

Chapter 751 permits an extended family member to take temporary custody of a minor child, access state and other records, and make major decisions concerning a child’s upbringing.  But, keep in mind, temporary custody must be granted by a Florida court (and cannot simply be signed away by a parent), and there are strict procedural requirements that must be met.

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Video: Confidential Information In Your Court File

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The Florida Association of Court Clerks provides the following video regarding confidential information in court files:

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Parenting Coordination: By the Numbers

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Section 61.125, Florida Statutes, establishes an alternative form of dispute resolution, known as parenting coordination, for parents attempting to establish or implement a parenting plan.  This process involves a facilitator (referred to as a parenting coordinator) who is usually appointed by a judge to (i) teach techniques in co-parenting and (ii) make recommendations so that the parents are able to better work together in furthering the best interests of their children.  I find that parenting coordination is most often useful in high-conflict child custody situations.

In the most recent edition of Commentator magazine, psychologist Debra K. Carter reveals the results of a study conducted by the Florida Chapter of the Association of Family & Conciliation Court as well as the University of South Florida regarding parenting coordination:

[E]ighty-two percent of Survey respondents use a formal parenting coordination contract with their clients.  Sixty percent charge their clients by the hour with standard fees ranging from $90.00 to $220.00 per hour.  Seventy-eight percent reported that fees were always split 50/50 between the parties.

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What Is Your Former Spouse Thinking?

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Over at the Huffington Post, Allison Pescosolido, M.A., and Andra Bosh, Ph.D., discuss why you may be a mistaken when you attempt to read into your former spouse’s actions.  Here is an example:

Fiction: Your Ex has a new partner already, so he has “moved on” and forgotten about you.

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Family Law News: U.S. Congressman in Court over Back Child Support

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The Chicago Sun-Times is reporting that U.S. Representative Joe Walsh (R-Ill.) will be in a family court because he has failed to pay ordered child support.  His former wife claims that the congressman is in arrears of $117,000.00, including interest, for the parties’ three children.  The Sun-Times also reports that Representative Walsh admits not paying the ordered child support, but did so based on an agreement with his former wife:

Walsh said he had a “verbal agreement” with his ex-wife allowing him to stop paying child support because his income had fallen, hers had gone up, and the children were living with him as much as with her.

[Ms. Laura Walsh’s attorney] Coladarci said [Rep.] Walsh should have gone to court to modify the judge’s order regarding child support if he felt he couldn’t afford the payments because the court order is an obligation to the couple’s children, not to his ex-wife.

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Video: Kansas Capital Decriminalizes Domestic Violence

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In a move that has unleashed outrage throughout the country, the Kansas’ capital city has repealed municipal criminal laws against domestic violence, resulting in suspects in domestic violence cases avoiding prosecution.

In Florida, victims of domestic violence may file for restraining orders, also known as injunctions, in civil court.  Section 741.28, Florida Statutes, broadly defines domestic violence as “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.”    You may file a petition for injunction for protection against domestic violence if you have been the victim of an act of domestic violence or have reasonable cause to believe that you are in imminent danger of becoming of victim.

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Tips on Communicating with a Divorcing Friend or Relative

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When a friend or relative is going through a divorce, you may be unsure how to handle sensitive situations.  For example, what if you are friends with a divorcing couple, and the wife expects you to pick a side?  How do you handle a situation when your divorcing friend avoids making plans with you because money troubles have greatly reduced his leisure budget?  What do you tell a family friend’s child who asks you questions about her parents’ divorce?  Author Denise Schipani discusses these and other topics in an article at womansday.com, excerpts of which appear below.

On how to respond to a friend that just told you she’s getting a divorce:

The best thing you can say in this situation is simply, “I’m here for you.” In a way, supporting a divorcing friend is not unlike supporting a grieving friend, because divorce—even if she wanted it, even if it’s relatively amicable—evokes similar feelings of loss.

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Study Shows Good Father-Child Relationship Can Temper Negative Effects of Divorce

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In a recent article in the Commentator Magazine entitled The Negative Impact of Divorce on Children, psychologists Lori Wasserman, Sheila C. Furr, and Theodore Wasserman discuss several studies which follow children before, during, and years after their parents divorce.  The article relays negative effects that divorce can bring out in children, including (i) difficulty in school, (ii) more behavioral problems, (iii) self-concepts that are negative, (iv) more problems with peers, and (v) more trouble getting along with their parents.

The article notes, however, that a close father-child relationship may help stem these negative effects:

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Calculating Child Support: Net Income

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In a previous post, I provided a list of items which would be considered gross income for child support or alimony purposes.  Florida law does allow some deductions to that gross amount prior to calculating a child support obligation.  These deductions include the following: Read more →

What is Considered “Income” for Alimony and Child Support Purposes?

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In a Florida family law case that involves a claim for alimony or child support, one of the most important preliminary considerations is how much income each party has.  In child support cases, each party’s income gets plugged into a formula that tells us what the law presumes is the correct amount of child support.  In alimony cases, the income of each party is important to help determine whether one spouse has the need for support and the other spouse has the ability to pay support.

You should keep in mind that the term “income” in family law cases is defined differently than how the term is used in the Federal Tax Code or in other situations.  Section 61.046, Florida Statutes (2011), defines “income” for family law purposes as follows:

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