Florida Divorce * Child Custody * Domestic Violence Law Lawyer | Boca Raton

A Swedish couple may have to get a divorce.

Their other option may be to seek citizenship in Denmark.

The reason?

They want their son to be able to take his mother’s maiden name as his middle name, before his father’s surname.

The problem?

It is forbidden by Swedish law …

Where the parents of the child are married.

It is perfectly legal where the parents are unmarried.

So, this couple has one premarital child whose middle name is the mother’s maiden name and surname the father’s last name.

But their son, who was born after the couple married, can’t have his mother’s maiden name as his middle name.

Not the most logical law.

But the couple lost their administrative challenge and their legal appeal.

The purpose of the law?

To hinder people from adopting names intended to foster the belief that they are aristocrats.

The statute is under review and may be reconsidered next year.

But by then, this couple may already be divorced. Or expatriated.

Read more in Sweden’s The Local article: Couple ‘will divorce’ if son can’t take mother’s name.

One of the regional directors of Florida’s Department of Children and Families thinks the foster care system it administers doesn’t work very well.

Some depressing statistics about foster care:

• Forty-four (44%) percent of foster children will be arrested [compared to fourteen (14%) percent of the general population]
• Fifty (50%) percent of foster girls will become mothers during their teens [compared to one-third of the general population]

Florida’s not unique in these respects. And there probably isn’t a whole lot of dispute about the quality of foster care.

But the question remains: how do we improve the foster care program?

The DCF director points out that children of divorce are traumatized by the loss of one parent from their day to day lives. Foster children lose both parents. On top of being abandoned, abused or neglected.

The director would attempt to minimize the trauma by keeping families intact. The director would greatly reduce the number of cases where children are removed from the home.

Instead the director would provide services in the home on an intensive and accelerated basis, with closer supervision afterward.

A small pilot program is underway right now. If successful, a larger pilot project will follow.

Read more in this Jacksonville Florida Times Union article: Strengthen families.

In Vienna, Austria, nearly sixty-six (66%) percent of marriages end in divorce.

That statistic may call for some creative strategies to help people through the process.

Thus was born the world’s first “Divorce Fair”.

Vienna’s Divorce Fair was expected to provide a venue for people contemplating divorce to consult with attorneys, mediators and other experts on the divorce process and picking up the pieces after divorce.

The Divorce Fair forum will not require attendees to identify themselves in order to consult with professionals. (This raises certain ethical questions for attorneys under US standards of practice, but we don’t have divorce fairs in the US – at least not yet.)

The Divorce Fair also was anticipated to present information about parenting and experiencing divorce from a child’s perspective.

Read more in this AFP article: Vienna to host world’s first-ever ‘divorce fair’.

A Wisconsin assistant district attorney describes her mission of criminally charging non-custodial parents who are seriously delinquent in their child support payments.

She aptly points out something that custodial parents often don’t get: the court can’t force a non-custodial parent to be a good parent. To actually visit their child, call their child, care for their child, do for their child, etc.

But under the right circumstances, there is one thing the court can do. Make sure the non-custodial parent pays their child support obligations. Sooner or later. Or risk jail time.

Read more in this Washington Post article: Corralling Deadbeat Dads.

Another October is here and, sadly, we still need this month to serve as Domestic Violence Awareness month.

In Texas, shoes are hanging from the trees by a county courthouse – one pair for every person who died there of domestic assault in the preceding year.

One hundred twenty-six people. In Walker County alone.

The special events coordinator of the “In Their Shoes” event reminds us of the pervasiveness of domestic violence in our society.

“It’s happening between all family types — siblings, boyfriends, girlfriends, roommates — and no age group is safe.”

She also emphasizes an important, often overlooked message: “[a]buse can be emotional, verbal, financial, sexual or physical.”

Read more in this Huntsville [TX] Item article: SAAFE House’s ‘In Their Shoes’ focuses on domestic violence.

Owning a home remains the American Dream.

And for many singles to achieve it, they are buying with another person who is not their spouse.

From a legal standpoint, this requires some extra legal preparation.

Frank conversation about mutual expectations, finances and debt and credit.

Reducing the terms of the arrangement to a written contract.

Some points to be covered:

1. Do the co-owners have identical interests, equal interests, or unequal interests?
2. What happens to the co-owner’s interest if that co-owner dies?
3. What happens if one co-owner wants to sell that co-owner’s interest?
4. What happens if the co-owners have a fight and cannot bear to occupy the house together anymore?
5. How are the co-owners’ respective interests valued?
6. What if one co-owner’s debts result in a lien on the property?
7. How will the mortgage be paid?
8. How will mandatory expenses of the property be paid (real estate taxes, probably homeowner’s insurance)?
9. How will (semi)optional expenses of the property be paid (repairs, improvements)?
10. How will a co-owner’s share of expenses be paid in the event of that co-owner’s death?
11. Should each co-owner be required to maintain life insurance for the benfit of the other co-owner?

A little advance consideration and planning is crucial to a successful real estate joint venture outside marriage.

Read more in this MS NBC article: Pros and cons of buying a house with friends.

New clients often come in spewing legal terms that are thoroughly out of favor with modern courts.

A handy little article concisely explains modern child custody terms and concepts in a way that is not specific to any particular state.

The terms explained are listed below, with a Florida-specific twist:

• Legal Custody or Decisionmaking Authority
• Sole Custody or Decisionmaking Authority
• Physical Custody or Residential Custody
• Joint Custody
• Joint Legal Custody or Shared Parenting Responsibility
• Joint Physical Custody or Rotating Custody or Equal Timesharing

Read more in this Mississippi Clarion Ledger article: A look at different custody arrangements.

This article is recommended reading for anyone involved in a child custody case.

For those struggling financially through divorce, it may console them to know that millionaires may not be any happier in their marriages – or divorces.

About half of wealthy people describe themselves as unhappy in their marriages, and just as many admit to cheating on their spouses in the last three years. (Interestingly, more women than men owned up to affairs.)

Somewhat ironically, the excuse cited for unfaithfulness was desire for variety.

Although half of the affluent were unhappy in their marriages, just thirty percent were considering divorce…

Primarily because divorce is expensive in more ways than one – and could adversely affect a spouse’s business standing and dealings.

But despite the greater aversion of the well-off to divorce, they do tend to plan ahead and prepare.

More than half of wealthy women take steps to assure a private nest egg to see them through, and about one-third of comfortable men do the same. And the greater the couple’s wealth, the greater the likelihood that one or both spouses had tucked something away for that rainy day.

Surprisingly, relatively few rich people had prenuptial agreements. Only 6% of millionaires and only 11% of multi-millionaires with $10 million or more.

Just as surprisingly, postnuptial agreements (property settlement agreements made during marriage) were slightly more common among millionaires generally, but with the highest concentration among multi-millionaires with $10 million or more.

Read more in this Forbes piece: The Wealthy – The Rich And Unfaithful.

It may not last, but collaborative divorce is slowly gaining traction. But it’s certainly not appropriate for many types of people and cases.

It is actually questionable whether collaborative divorce is less expensive than traditional divorce, but it is generally more harmonious.

But it has its critics.

The Colorado Bar Association has, in effect, banned collaborative divorce in Colorado, characterizing it as unethical. Why?

Because “every attorney has an obligation to fight for a client’s interests” and, under collaborative divorce, an attorney is required to drop out of the case if it can’t be settled. Reaching settlement sometimes requires one party to accept an unfair deal.

Other critics point out that the friendlier-divorce model may facilitate fraud and deception by a spouse, since there is no judge to referee and impose order.

Of course, in the end, it’s really about the priorities of the parties in the case at hand. For some clients, peace and harmony are more important than pursuing everything they are entitled to financially.

Read more in this Washington Times article: Rise of collaborative divorce is not for everyone.

Property division in divorce is called equitable distribution in North Carolina, Florida and other states.

From North Carolina comes an article explaining equitable distribution under North Carolina law. Perhaps surprisingly, most of the explanation applies equally well to Florida.

Steps:

1. Identification or classification as marital or nonmarital – were nonmarital assets mixed up with marital assets?
2. Valuation at fair market value – may require nonlawyer accounting/appraisal experts
3. Distribution – presumed to be equal unless the presumption is overcome as inequitable under the circumstances of the case

Fault is largely out of the picture – unless there is economic wrongdoing by a spouse.

Property settlement agreements are generally forever, except in unusual circumstances. So now is the time to speak, not after the divorce.

Read more in this Winston-Salem Journal article: Be wary: Dividing property in a divorce can be easy, or a minefield.

Fifty-five children of American / Indian unions have gone missing in India.

That is why the US is asking India to join the many other countries tht have joined the Hauge Convention on the Civil Aspects of International Child Abduction.

If India did sign on, it would expedite case resolutions and tend to “assign” cases to the proper jurisdiction. It would also make India a less attractive haven for kidnappers.

Read more in this The Times of India article: US wants India to sign treaty on child abduction.

One issue that probably won’t come up during a divorce of non-senior citizens is social security retirement benefits.

But it is something that dependent ex-spouses should consider after both ex-spouses have reached 62 years of age, provided the marriage lasted at least 10 years and the dependent spouse is not married to someone else.

Once the dependent spouse applies for benefits, the Social Security Administration will determine whether the applying spouse’s own work record or an ex-spouse’s record will provided greater benefits, and should pay the highest benefit available to the applicant.

Read more in this Providence Journal MoneyLine column: Social Security survives divorce and at the Social Security Administration’s website.

Divorce is expensive.

Two households now have to be supported, often on the same income that previously supported one.

Many child-related expenses have to be duplicated in both households.

There are numerous special expenses incidental to a separation.

Lawyers have to be paid for the legal proceedings.

Sometimes accountants and a host of other experts in the legal proceedings have to be paid.

And on and on.

One, if not both spouses often find it tough to keep up.

So Japan has innovated a solution – or at least an aid.

The Divorce Loan.

A relatively low-interest special-purpose loan to divorcing parties.

This sounds like a great idea that would catch on here in the States, if given a chance.

Especially if the underwriting criteria are flexible enought to accommodate the current circumstances of dependent spouses and needy parents.

Read more in this Reuters UK article: From heart-broken to broke? Japan divorce loan helps.

One occupational hazard attorneys face is not-quite-ranting calls from (or appointments with) people who believe, rightly or wrongly, that they – or, worse, their kids – have been unfairly “beaten up” by the legal system, when they were represented by another attorney – or no attorney.

Those folks often have a lot in common with this Tennessee mother.

A Tennesee judge awarded custody of her child to the child’s father. After Tennessee’s Department of Children’s Service had allegedly already made a finding of abuse by the father.

But the story doesn’t end there.

The mother appealed the custody award.

And won. An appellate court reversed the trial judge’s ruling, and remanded to the trial court.

Only, reportedly, the trial judge obstinately refused to alter its custody award in accordance with the appellate court’s ruling. Just plain refused.

Forcing the mother to spend gazillion more dollars to compel the implementation of the appellate court’s ruling.

This Tennessee judge was ultimately publicly reprimanded, according to the article below.

But it wouldn’t be surprising if this mother had to do some almost-ranting before she got her child back, safe.

Still, things did get straightened out in the end.

At least for this Tennessee mother and her child. Who, somehow or other, could apparently afford the appeals.

Read more in this Macon County [TN] Times article: Judge Byrd reprimanded in Wilson County case.

Financial Considerations In A Divorce Settlement:

1. Personal exemptions for children
2. Child tax credits
3. Education tax credits
4. Future retirement pensions
5. Life insurance
6. Future income taxes on assets

Read more in this Kansas City Fox 4 News article, FOX 4 Finance: Divorce Settlements.

Service of papers is not typically a colorful topic. But there are exceptions to every generalization.

In Ohio, a mother was served with a child custody order requiring her to turn her 9 and 21 month old babies over to their father. She was served at the school where she teaches.

The sheriff arrived with a juvenile detective. And a SWAT team.

According to one account, the SWAT team was armed with automatic machine guns, a battering ram and surrounded the school as soon as they arrived. According to the sheriff, only two members of the SWAT team got out of their vehicle.

The school was in an Amish community. And the mother is the daughter of the bishop of the community.

The sheriff defended his actions with reports of threatened violence by the Amish if the authorities persisted in investigations of alleged sex crimes within the Amish community.

The served mother promptly left the school and headed to her farm, with the sheriff and the SWAT team in pursuit.

The children were handed over to authorities by a relative.

Read more in this Intelligencer / Wheeling News-Register article: Hearing Set In Amish Raid and this WTOV9 TV news article: Amish Couple Appears In Court For Child Custody Dispute.

Unfortunately, most non-lawyers have little good to say about the legal system. But one research professor disagrees sharply.

It is his belief that legal proceedings can and should be therapeutic for the participants. And his paradigm is called therapeutic jurisprudence.

This mindset emphasizes how the law impacts on people’s lives and well-being, and how the quality of interactions between litigants and judges can affect litigants’ experiences of the legal system.

Under this schema, the law is a “dynamic social force”, which seems fitting and appropriate.

Some family court judges are prime examples of therapeutic jurisprudence. They extol to litigants the virtues of resolving disputes through mediation rather than litigation, not so much because it may save the parties money, but because it will benefit their children – and they will just plain be more satisfied with the outcome than if it is court-imposed.

If therapeutic jurisprudence fails to describe the current state of our legal system, it aptly describes the standard that all legal system professionals should aspire to.

Read more in this University of Arizona News article: Legal Proceedings can be Therapeutic, UA Researcher Finds.

I previously posted on one installment of a series of articles on Basic Tax Questions for Divorcing Parties Answered.

A later installment in the series focuses on division of pension plans, IRAs and the like.

As the article explains, pension plans are often divided via special court orders called QDROs that cause the plan administrator to make part of the former employee’s pension payments directly to the former spouse.

The QDRO does not alter the total pension package payable as a result of the one spouse’s participation in the plan.

QDROs must be prepared with meticulous care. Errors can lead to inability to roll a benefit into another qualified plan without a tax event occurring.

After the divorce is finalized, it is prudent to update all beneficiary designations.

Read more in this Lancaster [PA] Intelligencer Journal article: Tax issues in divorce and separation – Dividing retirement plans and IRAs.

Sadly, child snatching is a fact of modern life. Even in Tupelo, Mississippi.

A local birth mother recovered her baby from adoptive parents-to-be. Custody disputes between parents. Fights between a parent and extended family members.

Then there are the abductions to another country.

With 200 cases of parental child abduction per year, the problem is epidemic.

And all of the above happens despite child custody jurisdictional acts enacted throughout the US and intended to, among other things, deter abductions.

The left-behind parent often feels frustration, however, because, in many instances of reported “kidnapping”, law enforcement is powerless to do anything – because it isn’t kidnapping in the eyes of the law, just in the eyes of the left-behind parent.

Read more in this Northeast Mississippi Daily Journal article: Kidnapping – Why do people steal their own children?.

One of the most common questions in a divorce is whether a spouse can qualify for temporary relief and, if so, how much. In the typical Florida divorce, these are not always easy questions to answer.

But, in one Pennsylvania case, the first question was easy to answer and the answer to the second question was “a shot heard round the bar of family law attorneys”. The case is anything but typical.

A Mellon Bank heir and publishing magnate, a billionaire, is divorcing his wife of more than fifteen years. He earns several million annually.

Pennsylvania, unlike Florida, has a formula for temporary support. The dependent spouse receives forty percent of the paying spouse’s income.

This elegant simplicity led to a court ordering monthly temporary support in this case of $725,000.

It sets an all-time record for temporary support in Pennsylvania – and probably elsewhere too.

The billionaire’s attorneys are, of course, fighting the amount of the award.

Other issues in this unusual case include custody of the couple’s pet Golden Retriever, property division, income determination for purposes of calculating permanent alimony, etc.

Questions about temporary support are still generally tough to answer. But not if the paying spouse is a billionaire.

Read more in this Editor and Publisher article: Scaife’s Wife Gets Giant Settlement After Messy Divorce — Claims Newspaper is ‘Hobby’ and this Pittsburgh Post Gazette News article: Millions up for grabs in Scaife divorce fight.