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

IN: Don’t Fall Behind in Paying Your Child Support

Janet Langjahr — Mon, 17 Mar 2008 02:58:32 +0000

One area of the law where states differ dramatically is in child support enforcement.

An Indiana man accumulated $120,000 in child support arrearages.

That’s a felony in Indiana, for which he was charged with three counts.

That man was sentenced to nine (9) years in prison for non-payment of child support.

To be followed by 15 years of probation.

Indiana likely has a much higher rate of compliance with child support orders than Florida does.

Another Columbine Averted in Daytona Beach, Florida

Janet Langjahr — Sun, 16 Mar 2008 03:39:42 +0000

Three Florida children were caught a week ago in the alleged planning stages of a school shooting incident such as at Columbine. The three thirteen year olds were reportedly arrested yesterday for conspiracy to commit murder, a felony.

The plot was uncovered through electronics: text messages, webpages, etc.

According to her sister, one of the kids tried to commit suicide a few days earlier, over her boyfriend’s breakup with her.

All three teens’ mental health was evaluated under Florida’s Baker Act.

The alleged ringleader was angry over being teased by peers. Although he was angry at two particular students, he posted on a website that he wanted to kill as many students as possible - and then themselves.

It has not yet been announced whether the teenagers will be tried as juveniles or adults.

Likelihood of Divorce Among US Residents Based on Religious Affiliation

Janet Langjahr — Sat, 15 Mar 2008 05:05:56 +0000

More marriage and divorce statistics.

According to the Pew Forum, among US residents, of all religions, followers of Hindu are the most likely to be married and the least likely to be divorced.

However, the sampling of Hindus was the smallest, so that was where the greatest margin of error existed.

Next least likely to be divorced were Jews, Muslims and Mormons, all coming in four percent higher than Hindus.

Next were Catholics, at one percent more likely to be divorced.

FaceBook As Evidence in Divorce: Coming Soon, Predict UK Attorneys

Janet Langjahr — Fri, 14 Mar 2008 04:12:25 +0000

UK attorneys are looking slightly into the future to predict that evidence collected from social networking websites like Facebook and MySpace will be admitted in divorce cases.

Absolutely. Just as happened with e-mails and online chats before social networking sites sprang up.

The value of the type of evidence likely to be developed will vary between so-called no-fault states / countries like Florida and fault-grounded states / countries.

But consider this UK case. A man was barred from any contact with his wife.

The man signed up on a social networking site. The social networking site sent an automated “friend request” to everyone on the man’s e-mail list - including his wife.

The man was sentenced to ten days in jail based on that “friend request”.

Could make the friendliest person think twice about approving “friend requests” …

MS Judge Faces Contempt of Court Over Non-Payment of Child Support

Janet Langjahr — Thu, 13 Mar 2008 03:28:24 +0000

The place is Mississippi.

A local man, a judge and city attorney, reportedly faces contempt of court for failing to pay past due child support of $1,500.

The man contends that he can’t afford to pay it and that it is an unreasonably high amount of child support, more suited to a Hollywood celebrity than a local judge and attorney.

The man may think that the judge who presided over his divorce is biased against him. That judge awarded custody of the man’s baby to its mother.

The man expects to be jailed for contempt.

On the other hand, the judge who originally drew his case recused himself.

All concerned are awaiting appointment of another judge to hear the case.

In an interesting side note, the mans’ wife and her cousin were arrested for allegedly stealing computer disks from the man’s law office.

Military Divorce Rate Steady Overall But Military Women’s Divorce Rate High and Rising

Janet Langjahr — Wed, 12 Mar 2008 04:20:22 +0000

According to the Pentagon, only 3.3% of military couples divorce. The military attribute this to large amounts of support that the military provides to military couples.

Some find the numbers surprising considering the currently prolonged, stressful separations during deployments in Iraq and Afghanistan.

Others find the numbers misleading in that they fail to reflect the number of couples who hit the skids in the military but who don’t actually divorce until after discharge.

Others challenge the numbers because the army does not actually follow the same couples over time, but counts how many military couples are married each year.

And, of course, the military doesn’t count unhappy couples.

Going against the tide of this report, military women are now divorcing at a much higher, and rising, rate of about 8%, compared to 2.6% for military men.

India Makes Divorce Court More Convenient

Janet Langjahr — Tue, 11 Mar 2008 04:02:23 +0000

No more is it true that “where there’s a will, there’s a way”. No need. At least in India.

Now, if an Indian living abroad wants easier options, he’s got them.

A Delhi court has agreed to allow a New Jersey resident to appear at his divorce hearing(s) via video conference.

This could simplify and speed up about twenty percent of divorce cases in India where one party doesn’t live in the country - or near the city where the divorce is taking place.

One perk of divorce by videoconference is that the fallen-out couple don’t have to come face to face again.

On the other hand, that is also a negative in that last ditch reconciliations won’t be inspired either.

Domestic Violence Fought With Educational Theater

Janet Langjahr — Mon, 10 Mar 2008 03:35:25 +0000

Nothing else has stamped out domestic violence yet.

One relatively recent, creative approach established in Massachusetts: educational theater.

Theater with a message. Plays depicting different types of domestic abuse (sexual, violent, verbal, etc.) - and targeting different audiences (civilian vs. military, adults vs. children, etc.).

The rationale is that an engaging story carries more impact than a thousand lectures.

The programs educates both victims and “bystanders” in a position to help, highlighting warning signs and illustrating how to be part of the solution.

Performers lead discussions after each performance.

Florida Youngster Killed Despite Numerous Reports of Abuse

Janet Langjahr — Sun, 09 Mar 2008 14:51:13 +0000

The Florida Department of Children and Families receives about 1,000 reports of abuse per month in Lee County that must be investigated.

Investigations must begin within twenty-four hours, three if a child is believed to be in imminent danger.

An investigation takes at least 4 hours of interviews with the child, the person reporting the abuse, family members, neighbors, teachers, etc.

Investigators typically investigate two reports per day.

Background checks of every adult in the home are par for the course.

Investigators are college-educated and receive ten weeks of training plus substantial oversight and mentoring.

And still children die of abuse or neglect.

One six year old child recently died - after three separate reports of abuse, including one from his school.

DCF investigated but concluded that the child was not at risk and, later, at low risk.

That child was later killed by his stepfather, who now faces criminal charges.

Too little, too late.

Utah Reopens Legislative Door to Custody or Visitation Rights for Unrelated Persons

Janet Langjahr — Sun, 09 Mar 2008 00:57:36 +0000

Once upon a time, non-parents might have visitation or even custody rights, most commonly grandparents.

Then the US Supreme Court ruled that such third party rights trampled the rights of parents, which should be superior - provided the parents are fit parents.

Since then, some states have tried fashioning constitutional statutes granting third parties visitation or custody rights.

The most popular third parties are still grandparents. But there are other beneficiaries as well.

Stepparents. And the gay parent who is not the biological parent.

Utah is one such unlikely state to pass a new law allowing a non-parent to seek visitation or custody rights.

Arguably, in defiance of local court rulings.

VA Woman Faces Jail For Not Being Able to Sell or Refinance Husband’s Name Off Marital Home

Janet Langjahr — Sat, 08 Mar 2008 15:29:31 +0000

In many divorce cases, the most thorny property division question is: what to do with the marital home?

That is especially likely in a depressed real estate market like the current one.

One commonly agreed to option is for the spouse who wants to remain in the house to refinance the other spouse’s name off the mortgage.

But what if the occupying spouse doesn’t have sufficient income or credit to accomplish what was agreed to?

Well, that may depend on what state you live in.

A Virginia women is apparently facing jail time for not being able to refinance as agreed.

Due to the downturn in the real estate market, she also has been unable to sell her way around the refinancing obligation.

New Yorker Appeals Ruling Permitting Ex to Move Out of State With Pet of the Marriage

Janet Langjahr — Sat, 08 Mar 2008 04:38:42 +0000

A millionaire and his wife are pitted against each other in an ongoing custody battle … over their dog.

The “father”, who has no children, has spent over $60,000 to win custody of the pooch.

At first, the couple engaged in roughly equal timesharing, by agreement.

Then the “mother” accused the “father” of abuse.

The judge didn’t buy it, and the “father”’s timesharing resumed …

Until the “mother” moved to Connecticut.

Since then, the “father” has had no time with their pet.

The “father” is filing an appeal.

CA Juvenile Dependency Courts: Too Many Cases, Too Little Time …

Janet Langjahr — Sun, 02 Mar 2008 02:22:02 +0000

When children are taken into foster care due to alleged abandonment, abuse or neglect, it sets in motion a series of events, including various hearings in juvenile dependency court.

Juvenile dependency court is unlike any other court.

Many of the families of removed children are indigent. Parents attorneys’ and children’s attorneys are typically court-appointed. They handle hundreds of cases per year.

They barely know their clients, let alone the parents and the family’s circumstances.

Yet these overburdened court-appointed attorneys are the just about the only thing standing between children - and removal from their parents and families.

The courts don’t allow much time for parents to defend return of children to their families. In California, sometimes just five minutes or less.

That’s all the time a judge has to get the facts and determine the best outcome. Informed only by attorneys and case workers who have inadequate time and too large caseloads to sort out the truth and come up with solutions.

And so children are removed from their homes … whether or not they should be …

Read horror story after horror story in this troubling Mercury News article: How rushed justice fails our kids - BROKEN FAMILIES, BROKEN COURTS: A MERCURY NEWS INVESTIGATION.

India Takes No Action for American Child Abducted to India

Janet Langjahr — Tue, 26 Feb 2008 02:47:58 +0000

A father has not seen his son for more than a year.

The boy’s mother took the boy on a vacation to India.

And never returned.

India is not a party to the Hague Convention on the Civil Aspects of International Child Abduction. And India does not view child abduction as a crime.

As a result, India law enforcement reportedly will not act in cases such as this father’s.

As his last resort, the father has sought the aid of India’s apex child’s rights council because, he argues, his son has been denied contact with his father. He has also contacted the National Commission for Protection of Child Rights.

The boy in this case is a US citizen, and lived in the US for years prior to his abduction. Even under Indian law, his case should be heard in the US.

But …

State of Our Marital Unions

Janet Langjahr — Fri, 22 Feb 2008 05:37:39 +0000

About half of American marriages end in divorce.

But they tend to last a bit longer today (8 years) than in the past (7 years).

Teen marriages, the most susceptible to failure, have declined.

Most couples are tending to marry a bit later in life.

About two-thirds of all American breakups are initiated by the wife.

Couples who are very demonstratively affectionate in public settings are most likely headed for trouble.

Modern divorces can be nasty and expensive.