Ocala Divorce Lawyer Blog

As archaic as it may sound, in the not too distant past - the preference was for the court to award primary child custody to the mother and "weekend visitation" to the the father. This model has been seriously eroded in the past 10 years or so, but still exists in many places. A recent study found, though, that the general public favors joint custody (also known in Florida as equal time-sharing), with parents sharing equally splitting the children's available time. Courts that continue to award primary custody to mothers automatically, without a good hard look at rotating custody or equal time-sharing, are going to find themselves increasingly at odds with the desires of society, the authors of the study concluded.

The researchers looked at polls and ballot initiatives and found that there was consistent public support for equal child custody. In addition, the researchers surveyed people about their feelings on child custody, and found that there was a strong preference for dividing a child's time equally between both parents.

Perhaps surprisingly, people who responded to the survey felt that equal parenting time was appropriate even in cases where there was a high level of conflict between the parents. The probably had more to do with "custodial parent" not being able to use the child as a pawn or weapon against the other parent.

Lead author Sanford L. Braver said, "The striking degree to which the public favors equal custody combined with their view that the current court system under-awards parenting time to fathers could account for past findings that the system is seriously slanted toward mothers."

The Arizona State University researchers noted an interesting aspect of the survey in which responders still preferred a 50-50 split even in hypothetical cases where the mother had provided 75% of the child care duties before the divorce, and in hypothetical cases where fathers had provided 75% of the child care pre-divorce.

If you are thinking about divorce or facing a family law related matter, please see our website for more information on your legal options or call Ocala Divorce and Family Law attorney at the Law Office of Anne E. Raduns, PA to find out how we can help. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation. Call for your appointment today.

Recently, a study performed by the National Marriage Project found that 44% of American high school graduates who don't have college degrees have children born outside of marriage. That number has tripled since the '70s. Around half of those 44% are couples who are living together. Marriage is no longer a prerequisite for having children. And the social stigma of a child born out-of-wedlock as completely vanished. And we're not talking teen mothers; half of those non-marital births were to couples living together. The trend is living together and having children without the legalities of marriage.

These statistics are best exemplified by Andrew Felices, 26, and Mellissa Giles, 27, who are quickly becoming the "new face of the American Family." Andrew and Mellissa are part of a huge shift. Many are in their 20s or 30s and, like Mellissa and Andrew, welcome a child. But marriage?

"A lot of people, I think, see marriage as a piece of paper," says Mellissa. "A piece of paper that costs a lot of money to change." She laughs and explains that she means divorce. The trend of 'babies without marriage' in American culture makes it more acceptable than ever to have children outside of an intact marriage, but researchers found that unmarried parents are more likely to split-up by the time their child is five years old.

Brad Wilcox, who heads the National Marriage Project, says that for three decades, the concept of marriage before children has been steadily changing. Since the 1960s, Wilcox notes, there's been concern about the breakdown of family among the poor and African-Americans. "What's happened now," he says, "is that retreat from marriage has moved up the social ladder into the heart of American life, into Middle America."

If you are an unmarried parent and need assistance with creating a parenting plan or need help in establishing your parental rights, please call Ocala Divorce and Family Law attorney at the Law Office of Anne E. Raduns, PA to find out how we can help. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation. Call for your consultation today.

I have included some helpful tips to assist in making it through the holiday season either during or after divorce. Time-sharing with the children during this period of time often creates the most turmoil during the divorce process. I hope this list helps.

1. No fighting about the holidays in front of the children. This should go without saying, but sometimes a reminder helps. Also, please don't use the children to pass messages back and forth. Usually during the holiday season both parents feel that they are getting the "short end of the stick." Remember. the time sharing arrangement varies from year to year, so if you did not get Christmas eve this year, it should be yours next year. Just remember to keep the kids out of the fighting over holiday time sharing.

2. Try to be flexible with holiday time-sharing. With family and friends coming in for the holidays - there are often requests to switch days or just periods of time. Remembering that this is is a special time for the children to see out-of-town relatives, might make it more palatable to switch days or evenings around.

3. Do something fun for yourself - if you don't have that particular holiday, like Thanksgiving or Christmas with the kids - finds something fun to do. Maybe spend the night close to a big shopping mall and get there really early (think Florida Mall hotel right next to the Florida Mall). Visit a Bed and Breakfast in St. Augustine and just roam around the little shops and boutiques. Schedule a manicure or pedicure - for a spa day. Watch marathon football or chick flicks and stock up on the popcorn. Maybe a hunting trip with a buddy. Visit the Appleton or Harn museum or go to an art show. A trip to the bookstore for coffee and browse through magazines. The choices are endless and there are always many free or next to free things to do in Central Florida during the holiday period.

4. Surround yourself with supportive friends and family. Those same people who helped see you through the divorce, can also help see you through the holiday season. It is never a good idea to isolate yourself during the holidays. Getting out and socializing with others can even take your mind off your problems as you enjoy the company of those who love you.

5. Create new "traditions" for yourself: if you always did particular things with your former- spouse and children, it would be extremely helpful to create new traditions that you do with yourself or that you do with children. Going to Church or Synagogue, visit friends and family, get the tree out early and start decorating. Being alone does not mean being lonely. Enjoy some of the free time that you didn't have before. Consider doing something completely different from previous years. If you are alone this year think about taking a trip or spending time with friends out of town. If you have your children, consider celebrating the holiday in a different location, in the mountains or at the beach.

6. Give your children the gift of a guilt-free holiday season. This gift is absolutely priceless. Don't make them responsible for your happiness or entertainment. Don't spend so much money that you feel "taken advantage of." Children would rather have a holiday with a fun-filled parent than one with lots of presents and a parent who is angry, overwhelmed and resentful.

7. Celebrate Thanksgiving/Christmas more than once. Just because a holiday falls on a particular day, doesn't mean it can't be celebrated on a different day. If you will not be with your children on a holiday, call or send a gift or card to make contact with them, then celebrate with them on the next day that you are together. Most children love celebrating holidays more than once.

8. Please don't wait until the last minutes to make time-sharing arrangements or changes to the schedule. If you realize that you and your former spouse are very far apart in agreeing on the time-sharing schedule, waiting to the last minute may make it impossible to get into court. Try your best to work it out yourselves. Negotiate and communicate with your former spouse. Try to keep reactivity to a minimum. Remember to put the children first.

9. Don't over indulge in alcohol or other drugs. Holiday time can sometimes be painful, but anesthetizing emotional pain with chemicals only creates more depression and leads to a greater sense of hopelessness and isolation.

10. Focus on the positive. Say hopeful and optimistic things to yourself and aloud. Remember that Thanksgiving, Hanukkah and Christmas are about being thankful and miracles. Fill yourself with thankfulness and appreciate the miracle that after so much pain that we can heal emotionally when given the opportunity. Move past anger, bitterness and resentfulness. If we focus on the positive and the best possibilities, these are usually what we get. If we focus on the negative and brace ourselves for the worst possible outcome, this is also what we usually get.

If you are thinking about divorce or facing a family law related matter, please see our website for more information on your legal options or call Ocala Divorce and Family Law attorney at the Law Office of Anne E. Raduns, PA to find out how we can help. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation.

I have noticed in my Ocala family law practice that more and more Grandparents are raising their grandchildren, either by an informal agreement or by seeking a court order for Custody by Extended Family Member pursuant to Florida Statute 751. This was recently validated in a new study produced by the Pew Research Center, using U.S. Census Bureau data, shows that one in every ten children in the United States is living with a grandparent. The numbers have been rising sharply since 2008, the first year of the current recession.

This trend to any Florida attorney practicing family law has been inescapable. The study noted that 41% of the children who live with a grandparent are being raised primarily by that grandparent. While the numbers rose from 2000 to 2006, they definitely spiked ast the economy worsened in 2007 and 2008. An article from the Examiner stated that in Florida, the US Census Bureau indicate that 2% of all children under the age of 18 (64,500 kids) were living in skipped generation grandfamilies in Florida as of 2007."

The Pew Report found that Grandparent-parents are 62% female, and 38% male. Two-thirds of grandparent caregivers are married, while 34% are not. Most grandparents who care for their grandchildren have been doing so for quite a long time. More than half (54%) report that they have been the primary caregiver to at least one grandchild for three years or more, and 23% have been the primary caregiver to a grandchild for between one and two years.

All in all the grandparent caregivers tend to be relatively young -- most (67%) are younger than age 60, and 13% are younger than 45. This makes sense, since younger grandparents are more likely to be physically able to meet the needs of grandchildren on a daily basis. Sadly, Grandparent caregivers tend to have very limited financial resources. Nearly one in five (18%) is living below the poverty line.

If you are Grandparent seeking information on your legal options for custody of your grandchild, please call Ocala Divorce and Family Law attorney at the Law Office of Anne E. Raduns, PA to find out how we can help. We have helped many Grandparents successfully obtain custody their grandchildren under Florida Statute 751 (Custody by Extended Family Member). We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation.

Having represented many Biological Fathers in contested Adoption cases, this case out of the Ohio Supreme Court is a real "win" for umarried biological fathers. The war on fathers' rights in adoption proceedings continues and fathers are starting to become more victorious in the legal battles that ensue, like the one described in Toledo Blade. Also see my blog post on Helping Biological Father's Get His Child Back.

Benjamin Wyrembek had a brief affair with a married woman. She became pregnant in 2007 and, along with her husband, decided to place the child for adoption. Wyrembek had no way of knowing if the child was his or not and possibly neither did the woman, although neither the article nor the opinion says. But he timely filed his claim of paternity with the Ohio Putative Father Registry and brought suit in juvenile court in December, 2007 to establish paternity. In January, 2008, the adoptive parents, Jason and Christy Vaughn, filed their suit to adopt the child.

Genetic testing determined that the child is Wyrembek's and every court has since ruled in his favor. Basically, he's the biological father who's done every legal thing in his power to get custody of his son and every court has ruled that the adoption can't go forward. But the litigation remains and the process is stalled by the court system. On September 28, 2010, the prospective adoptive parents were ordered to turn the child back over to Benjamin Wyrembek, but the prospective adoptive parents' attorney filed another plethora of motions, stymieing the process again. So adoption attorneys believe that stalling is, if not right, at least effective. Their credo is "if you keep father and child separated long enough, maybe the adoption will happen."

Now courts in Ohio and many other states are starting to take the rights of biological fathers far more seriously than ever before. The narrow ruling in the Ohio case is that a biological father has one year from the time his paternity is established to file suit to stop the adoption of his child. That means that mothers can no longer hide a child or a child's paternity from a father and deprive him of his parental rights through the adoption. A father's rights can't be diminished or terminated until he knows he's the dad; once he does, he's got a year in which to act.

If you are an unmarried father faced with a contested adoption issue, please call Ocala Divorce and Family Law attorney at the Law Office of Anne E. Raduns, PA to find out how we can help. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation.

The United States crossed an important marital threshold in 2009, with the number of young adults who have never married surpassing, for the first time in more than a century, the number who were married, according to a recent article in the New York Times.

Among the total population 18 and older, the share of men and women who were married fell from 57 percent in 2000 to 52 percent in 2009 -- again, the lowest percentage since the government began collecting data more than 100 years ago. The share of adult women who were married fell below half, to 49.9 percent.

Two factors contribute to the decline in marriage among adults ages 25 to 34, less marriage and more cohabitation, which has become far more socially acceptable, even with children.

If you are an unmarried parent and need assistance with creating a parenting plan or need help in establishing your parental rights, please call Ocala Divorce and Family Law attorney at the Law Office of Anne E. Raduns, PA to find out how we can help. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation.

The American Psychiatric Association has a hot potato on its hands as reported by the San Francisco Chronicle as the American Psychiatric Association updates its catalog of mental disorders -- whether to include parental alienation, a disputed term conveying how a child's relationship with one estranged parent can be poisoned by the other.

There's broad agreement that this sometimes occurs, usually triggered by a divorce and child-custody dispute. But there's bitter debate over whether the phenomenon should be formally classified as a mental health syndrome -- a question now before the psychiatric association as it prepares the first complete revision since 1994 of its Diagnostic and Statistical Manual of Mental Disorders.

The psychiatric association first published its manual of diagnostic disorders, known as the DSM, in 1952. The last major revision was published in 1994 and updated in 2000, and the fifth edition -- DSM-5 -- is due for publication in May 2013.

Work groups in various fields have been reviewing numerous proposals for additions to the 283 disorders in the current edition. Parental alienation remains on a list of proposals that are subject to further review, though it did not pass muster with the work group dealing with childhood and adolescent disorders.

Dr. William Bernet, a psychiatry professor at the Vanderbilt University School of Medicine, said it was "flatly ridiculous" for the APA to contend there is not enough information available to warrant including parental alienation in the DSM. He cited legal developments and new research in numerous foreign countries. His proposal defines parental alienation disorder as "a mental condition in which a child, usually one whose parents are engaged in a high conflict divorce, allies himself or herself strongly with one parent, and rejects a relationship with the other parent, without legitimate justification."

If you need assistance with your divorce or family law matter, please call Ocala Divorce and Family Law attorney at the Law Office of Anne E. Raduns, PA to find out how we can help. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation.

The Florida 3rd District Court of Appeals found that prohibiting Gay Adoption was unconstitutional because the statute violates equal protection provision of article I, section 2 of Florida Constitution, and that there is no rational basis for statute . See: FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, vs. IN RE: MATTER OF ADOPTION OF X.X.G. AND N.R.G., Fla. 3rd DCA. Case No. 3D08-3044. L.T. Case No. 06-33881. Opinion filed September 22, 2010.

The entire question in the case is whether the adoption should have been denied because F.G. the prospective adoptive parent is a homosexual. Under Florida law, a homosexual person is allowed to be a foster parent. F.G. has successfully served as a foster parent for the children since 2004. However, Florida law states, "No person eligible to adopt under this statute [the Florida Adoption Act] may adopt if that person is a homosexual." § 63.042(3), Fla. Stat. (2006). According to the judgment, "Florida is the only remaining state to expressly ban all gay adoptions without exception." Circuit Court Judge Cindy Lederman, after lengthy hearings, concluded that there is no rational basis for the statute. The District Court of Appeals agreed and affirmed the final judgment of adoption.

Under the Florida Constitution, each individual person has a right to equal protection of the laws. The constitutional provision states, in part:

SECTION 2. Basic rights. -- All natural persons, female and male alike, are equal before the law and have inalienable rights, among which are the right to enjoy and defend life and liberty, to pursue happiness, to be rewarded for industry, and to acquire, possess and protect property . . . . Art. I, § 2, Fla. Const.

The District Court of Appeals opined the contradiction that gay people face when trying to adopt -- that given a total ban on adoption by homosexual persons, one might expect that this reflected a legislative judgment that homosexual persons are, as a group, unfit to be parents. Yet, no one in this case has made, or even hinted at, any such argument. To the contrary, the parties agree "that gay people and heterosexuals make equally good parents. "The qualities that make a particular applicant the optimal match for a particular child could exist in a heterosexual or gay person." Thus in this case no one attempts to justify the prohibition on homosexual adoption on any theory that homosexual persons are unfit to be parents.

Continue reading "Florida 3rd DCA Holds Prohibiting Gay Adoption Unconstitutional" »

Ocala Divorce and Family Law Attorney Assists in Creating Parenting Plans

Warm, cooperative co-parenting between mothers and fathers may help protect children who are at risk for some types of behavior problems, a new study suggests. Researchers with the Department of Human Development and Family Science at Ohio State University. found that supportive co-parenting helped children who have difficulty regulating their behavior and attention levels - what researchers call "effortful control."

The study looked at changes in children's level of aggressive behavior and other forms of "acting out" as they went from 4 years old to 5 years old. Results showed that children who had low levels of effortful control generally showed increases in these negative behaviors over the course of the year - unless their parents had a supportive co-parenting relationship.

Divorce is an end to marriage -- but not an end to parenting for couples who have had kids together. If you need assistance with your family law matter or would like to discuss a Florida Parenting Plan, please call Ocala Divorce and Family Law attorney at the Law Office of Anne E. Raduns, PA to find out how we can help. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation.

No two families are alike. They come in different sizes, shapes, colors and genders. More and more people are accepting that families don't mean a "Father, Mother and 2.2 children" anymore. We as a culture have expanded our definition of what makes a "family." We see Grandparents raising their children's children. We see many one-parent families. And we are seeing a rise in same-sex couple families.

An article published in the NY Times references a survey conducted that shows that a majority of Americans now say their definition of family includes same-sex couples with children, as well as married gay and lesbian couples.

Prof. Stephanie Coontz of Evergreen State College in Washington, director of research and public education at the Council on Contemporary Families, a research and advocacy group, said that "Americans seem to be open to seeing same-sex couples with children as families, even while they hesitate to recognize their unions as marriage."

David Blankenhorn, president of the Institute for American Values, a marriage research and advocacy group, said he was not surprised by the findings. "I like the standard definition of family: two or more persons related by blood, marriage or adoption," Mr. Blankenhorn said. "Keeps it simple and coherent."

If you have a family law matter, regardless of how your family is made-up, we can help. We have handled many Grandparent rights/custody issues, Divorce issues, Father's rights issues, and GLBT issues. We can help if you are facing a family law issue.

Please call Ocala Divorce Lawyer to find out how we can help. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation.

There are times when my client asks if he/she could get the IRS Dependency Exemption, even though they are not the custodial parent (or parent with the most overnights). It was in the past that the Court could not order the custodial parent to give the other parent the IRS Dependency Exemption, but that has changed. If the custodial parent is not working and the non-custodial parent paying child support, there is case law that supports having the non-working custodial parent give the other parent the IRS Dependency Exemption.

The Court in Geddies v. Geddies, 1D09-4635, 2010 WL 3477462 (Fla. Dist. Ct. App. Sept. 7, 2010) held that pursuant to Florida Statute Section 61.30, the trial court is authorized to take into account the "impact of the Internal Revenue Service dependency exemption and waiver of that exemption" in determining the amount of child support. The statute authorizes the trial court to direct the transfer of the exemption to the noncustodial parent, which has the effect of "mak[ing] more money available for child support through tax savings." Vick v. Vick, 675 So.2d 714, 719 (Fla. 5th DCA 1996).

The trial court cannot allocate the exemption directly, but it can only require the custodial parent to execute a waiver transferring the exemption to the noncustodial parent pursuant to Florida Statute § 61.30(11)(a) 8, ("The court may order a parent to execute a waiver of the Internal Revenue Service dependency exemption...."); Salazar v. Salazar, 976 So.2d 1155 (Fla. 4th DCA 2008).

In the Geddies case the First District Court of Appeals upheld the the trial judge's ruling on this issue. The Former Wife had no taxable income or income tax liability in order to benefit from the exemption. See McDaniel v. McDaniel, 835 So.2d 1265 (Fla. 1st DCA 2003) (reversing award of tax dependency exemption to the Former Husband where the Former Husband did not have any taxable income or income tax liability for the tax year). Additionally, because the Former Husband had another child support obligation that had already reduced his disposable income, the award of the dependency exemptions to the Former Husband would serve to maximize the disposable income available for him to pay his child support obligation in this case. Accordingly, the trial court did not abuse its discretion in awarding the dependency exemptions to the Former Husband while the Former Wife was unemployed

If you are facing a family law or divorce matter, and want more information, please visit our website or call the office to schedule your initial consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation.

I am often asked by a frustrated parent, can my child talk to the Judge about whether he/she wants to be with the other parent? The answer, unless the child is 15, 16 or 17 years old, is probably "no." There are some exceptions but they are few and far between.

However, whatever the reason for the for the parent's request, it is most often because the parents feel that their children should be able to speak to the Judge so that he/she will know what the child's thoughts and desires are concerning their living arrangements. The problem is that most judges typically do not want to subject the children to the litigation and testimony process unless it is an extreme situation.

There are other alternatives to having a child testify to the Judge about his/her desires. One of the best ways to get the child's "voice" heard before the court is either through a child psychologist or through a guardian ad litem. A guardian ad litem (an attorney hired to represent the child's best interests) and can testify if necessary as to what the child wishes to do and what is his/her best interest.

The single most important reason that Judges do not let the children talk about where they want to live is that Judges do not want a child to be put in a position of choosing between two parents. It is the job of the judge to determine the best interests of the child. Nevertheless, the court will let the attorney know if he/she wants to talk to the child after the attorney files the appropriate motion requesting testimony of the minor child. The Judge will either grant the motion (meaning that the child can talk to the Judge) or deny the motion (meaning that the Judge will not speak with the child).

If you are thinking about divorce or need help with your family law matter, please visit our website or call the office to schedule your initial consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation.

According to Florida's recent legislation concerning temporary and concurrent custody of a child, effective July 1, 2010, military parents can feel that they are not losing any important parental rights knowing that the bill states:

-Parents assigned to military service on orders may designate a person to exercise time-sharing on that parent's behalf.

-Parents assigned to military service may petition for expedited hearings.

-Requires non-military parent to cooperate to resolve issues and share information regarding the child.

-Protects military parents that object to custody modifications and allows them to state their objection formally, prior to any final order being awarded.

-States that any order granting concurrent custody does not affect ability of the other parent to obtain physical custody of child at any time.

To read the general bill and/or receive additional information, please visit MyFloridaHouse.gov.

If you are in the Military, either active or reserve, and need assistance with creating a parenting plan, please call us to talk your case. Visit our website or call the office to schedule your low-cost consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation.

With the signing of Florida House bill 907, Florida Family Law statutes have had quite a few changes. The Child Support Statue update now mandates that effective January 1, 2011, any and all child support orders entered into on or after October 1, 2010 must provide:

1. The termination of the child support shall end on the child's eighteenth birthday, unless otherwise agreed to by the parties. This is a pretty significant change from the current statute, which mandates child support to continue past the 18th birthday with a reasonable expectation of graduation. So, if the child turns 18 in October but does not graduate until June, under the current statute the child support would continue until graduation.

2. A child support schedule. This schedule shall state the amount of the monthly child support obligation for all the minor children at the time the order is entered. The schedule shall also provide the amount of child support that will be owed for any children remaining after one or more children in the order are no longer entitled to receive child support.

3. The month, day and year that the reduction or termination of child support becomes effective.

The recent changes also provide the Child Support Guidelines and Principles that will be follow by the Florida family courts:

1. Each parent has a legal obligation to support his or her minor or legally dependent child.

2. The guideline schedule is based upon the parents' combined net income that the child would be receiving if the parents were still living in the same household.

3. The goal of the guidelines is to encourage fair and efficient settlement of child support issues between parents, as well as minimize the need for litigation.

It would seem that on the face of the update, the biggest change is how we actually calculate the child support number. Normally, the number of overnights needed to realize a significant change in the amount paid from one parent to another was 147 overnights, or forty (40%) of the whole year. That number has decreased to 73 overnights or twenty (20%) of the whole year. This change will be significant whether you are paying or receiving parent of child support.

If you have any questions about this new child support statute, please call us to talk your case. Visit our website or call the office to schedule your low-cost consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation.

I frequently have clients who come in and tell me they need an Emergency Motion filed for __________(fill in the blank). The emergency could be that their Husband/Wife is taking the furniture, going to turn off the electricity, or cancel the Husband's/Wife's car insurance. All very important issues, but does it rise to the level of filing an Emergency Ex-Parte Injunction? When is an emergency really and emergency in the eyes of the court?

In the recently released case of Hunter v. Hunter, 2D09-4878, 2010 WL 2077158 (Fla. Dist. Ct. App), the District Court, says that a trial court should only order relief in an Ex-parte proceeding where there exists an immediate threat of irreparable injury that forecloses the opportunity to give reasonable notice. See City of Boca Raton v. Boca Raton Airport Auth., 768 So. 2d 1191, 1192 (Fla. 4th DCA 2000). Thus a motion seeking ex-parte relief "must demonstrate (1) how and why the giving of notice would accelerate or precipitate the injury or (2) that the time required to notice a hearing would actually permit the threatened irreparable injury to occur." Id. at 1193 (quoting Smith v. Knight, 679 So. 2d 359, 361 (Fla. 4th DCA 1996)). In the case that was before the DCA, it found that the Wife's motion failed to demonstrate either an immediate threat of irreparable injury or a reason notice could not be given.

The DCA further opined that to the extent that the order grants injunctive relief in the Hunter case, they observed that almost none of the required procedures were followed. According to Florida Family Law Rule of Procedure 12.610(a), injunctive relief in family law cases not related to the need for protection against domestic violence, repeat violence, dating violence, or sexual violence is governed by Florida Rule of Civil Procedure 1.610. Rule 1.610(a)(1), which permits the entry of a temporary injunction without written or oral notice to the adverse party only if:

(A) it appears from the specific facts shown by affidavit or verified pleading that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition; and

(B) the movant's attorney certifies in writing any efforts that have been made to give notice and the reasons why notice should not be required.

In the Hunter case, the Wife's motion was neither verified nor supported by affidavits. Thus the motion was deficient under rule 1.610(a)(1)(A). Also, the motion did not contain the attorney's certification required under rule 1.601(a)(1)(B). Furthermore, the order itself is defective because it contains no explanation of the reasons for its entry other than "[t]he Emergency Motion is well taken." Thus the order violates rule 1.610(c), which requires that an injunction specify the reasons for entry. See also Hathcock v. Hathcock, 533 So. 2d 802, 804 (Fla. 1st DCA 1988) (holding that an order enjoining the husband from disposing of marital property and awarding the wife temporary exclusive use and possession of the marital home failed to comply with rule 1.610 because it contained no findings concerning why the injury would be irreparable or why the order was granted without notice). Finally, it does not appear that the trial court required the Wife to post a bond as required by rule 1.610(b).

The Court held that the Wife's argument about the Notice Requirement of Rule 1.610(a) concerning the entry of temporary injunctions without notice was woefully insufficient. To send a copy of a motion to opposing counsel without a notice of hearing and to present the motion to the court for the entry of an order granting the motion an hour or so later is unquestionably inadequate notice -- if it may even be deemed notice at all. See City of Ormond Beach v. City of Daytona Beach, 794 So. 2d 660, 663 (Fla. 5th DCA 2001) ("[N]otice encompasses a reasonable opportunity to prepare and offer evidence."); Fla. High Sch. Activities Ass'n v. Benitez, 748 So. 2d 358, 359 (Fla. 5th DCA 1999) ("Notice for temporary injunction purposes means a meaningful opportunity to prepare in order to present evidence and secure a record of the proceedings.").

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