Emancipation is a common term used to describe the action of elevating the status of a minor to an adult. A minor is defined as a person who has not yet reached the age of 18. Minors that have not been emancipated do not have the right to assume the management of their own estates, […]
Month: February 2016
Update on Timesharing Bill – Florida Senate
The timesharing bill has received a favorable vote in the Senate Rules Committee. This is the bill that will establish a presumption that timesharing plans are to be approximately equal. The presumption may be overcome by consideration of the factors that we are used to, plus two additional factors that have been created. The bill […]
Florida Senate Tracker Update – Alimony Legislation
The alimony saga in the Florida legislature has taken an unexpected twist. Until yesterday, two separate bills (HB 455 in the House, and SB 668 in the Senate) were moving toward votes in the full chambers. Yesterday, however, Senate Bill 668 was amended in its entirety to delete the alimony guidelines and instead establish a […]
I just received a letter from the Department of Revenue (DOR) regarding a Proposed Administrative Support Order, what do I do?
If you have recently received a letter from DOR stating that the department is seeking to establish child support pursuant to a Proposed Administrative Support Order, do not hesitate: bring that letter to your lawyer immediately. There are very specific guidelines for what you can do when you receive such a letter, and all of […]
Florida Alimony Bill Update
House Bill 455 is the current Alimony Bill under consideration. It passed the Civil Justice Subcommittee by a vote of 9-4, and then was passed to the Judiciary Committee. An amendment was added yesterday (not a substantive amendment). A vote will be upcoming in the Judiciary committee shortly (not yet scheduled), and if it passes […]
Benedict v. Benedict
In Benedict vs. Benedict, the trial court entered a judgment for alimony arrearages while a petition seeking to downwardly modify alimony was pending. The appellate court affirmed the judgment, but noted that the debtor is able to proceed in the future to obtain relief from the judgment (under Rule 1.540(b)(5)) to the extent that the […]
Tluzek v. Tluzek
Tluzek vs. Tluzek is a case of first impression in Florida. In involves the allocation of an adoption subsidy received by the parents of adopted children with special needs. The court ruled that the parents’ child support obligation should be determined first pursuant to the guidelines. Then, the adoption subsidy should be apportioned between the […]
Cockrell v. Kinnett
In Cockrell vs. Kinnett, the appellate court reversed a contempt order that modified the parties’ timesharing schedule with the child, because there was no pleading that alleged a significant change in circumstances. The mother was thus not put on notice that modification would be sought or granted. Modification is not a proper sanction for non-compliance. […]
SB 250 Passed Judiciary Committee!
SB 250 (2016) Family Law http://www.flsenate.gov/Session/Bill/2016/0250 SENATE – CS by Judiciary; YEAS 7 NAYS 3
Brannon v. Palcu
In Brannon vs. Palcu, the appellate court granted a writ of certiorari because the trial court ordered that an otherwise privileged email between lawyer and client be produced under the conspiracy-fraud exception to the attorney-client privilege. An evidentiary hearing would be required before the privilege could be breached. Brannon v Palcu