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        <title>Miami Family Lawyer Blog</title>
        <link>http://www.miamifamilylawyerblog.com/</link>
        <description>Published by Vilar Law, P.A.</description>
        <language>en</language>
        <copyright>Copyright 2015</copyright>
        <lastBuildDate>Mon, 13 May 2013 10:56:41 -0500</lastBuildDate>
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        <item>
            <title>Florida Governor Scott Vetoes Bill That Would Have Ended Permanent Alimony</title>
            <description><![CDATA[<p><a href="http://www.miamifamilylawyerblog.com/877745_writing_hand%20sxchu%20username%20tulp.jpg"><img alt="877745_writing_hand sxchu username tulp.jpg" src="http://www.miamifamilylawyerblog.com/assets_c/2013/05/877745_writing_hand sxchu username tulp-thumb-225x149-64926.jpg" width="225" height="149" class="mt-image-right" style="float: right; margin: 0 0 20px 20px;" /></a>Florida Governor Rick Scott recently vetoed a proposed law that would have drastically altered the duration of <a href="http://www.bvlaw.com/spousal-support-or-alimony.html" target="_blank">spousal support</a> awards in the state.  Senate Bill 718 would have ended permanent alimony following divorce and allowed individuals who are currently paying permanent spousal support to ask a family court to amend their required alimony payments.  According to Governor Scott, he refused to sign the measure into law because it would have applied retroactively despite that the proposal included "several forward looking elements." He stated retroactive support adjustments would likely result in unfair results and unanticipated consequences.  Governor Scott added that Florida law already provides for adjustments to alimony awards based upon the individual circumstances.  </p>

<p>The proposed law would have not only limited the duration of alimony awards in Florida, but also made it more difficult for spousal support to be awarded following a so-called short-term marriage of less than 11 years.  The vetoed bill would have set the maximum length for an alimony award at half the length of a former couple's marriage and limited payments to no more than 25 percent of the payer's gross income.  For marriages lasting between 11 and 20 years, the bill stated payments could not exceed 35 percent of gross income.  In longer marriages, that limit would have risen to 38 percent.  The measure also required a family court judge to award equal child custody except in extreme cases.  Although the language of the proposed bill did not automatically end alimony payments upon a payer's retirement, it did allow a family judge to consider ending or eliminating spousal support payments at that time.</p>

<p>During legislative committee hearings, emotional testimony was reportedly presented from both critics and proponents of the measure.  The Florida Bar's Family Law Section, which lobbied against the bill, praised Governor Scott's veto.  The vetoed law, introduced by Senator Ritch Workman, was passed by a margin of 29-11 in the Florida Senate and 85-31 in the House.  </p>

<p>In Florida, a family court may choose to award alimony following the end of a couple's marriage based on a number of factors. The length of the marriage, each former spouse's current financial situation, and the marital history may be taken into account.  In addition, a family law judge in Florida may award spousal support on a temporary or permanent basis for a variety of reasons.  In general, any alimony award issued in the State of Florida will be based on both the financial need of one former spouse and the ability to pay of the other.  The steps required to obtain an alimony award can be confusing.  If you are in the midst of a Florida divorce, you are advised to contact a skilled family law attorney to help you protect your rights.</p>]]></description>
            <link>http://www.miamifamilylawyerblog.com/2013/05/florida-governor-scott-vetoes-bill-that-would-have-ended-permanent-alimony.html</link>
            <guid>http://www.miamifamilylawyerblog.com/2013/05/florida-governor-scott-vetoes-bill-that-would-have-ended-permanent-alimony.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">Spousal Support</category>
            
            
            <pubDate>Mon, 13 May 2013 10:56:41 -0500</pubDate>
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            <title>Oil Tycoon&apos;s Divorce Demonstrates Why Prenuptial Agreements Are Important for Couples in Florida and Across the Nation</title>
            <description><![CDATA[<p><img alt="670680_oil_pumpjack sxchu username artgoddess.jpg" src="http://www.miamifamilylawyerblog.com/assets_c/2013/04/670680_oil_pumpjack sxchu username artgoddess-thumb-225x168-63756.jpg" width="225" height="168" class="mt-image-left" style="float: left; margin: 0 20px 20px 0;" />According to reports, the impending divorce between Oklahoma oil billionaire Harold Hamm and his second wife, Sue Ann, may result in the largest divorce settlement awarded in the United States to date.  Last year, Sue Ann purportedly sought to end her 25-year marriage to the majority stock holder of oil company Continental Resources amid allegations of infidelity.  Because all documents are sealed in the case, it is unclear whether the Hamms entered into a prenuptial agreement prior to their 1988 wedding.</p>

<p>In Oklahoma, divorce statutes require a court to provide an equitable distribution of a former married couple's assets.  The length of the Hamm's marriage, their two children, and Sue Ann's previous marketing and executive role in the oil company will likely play a factor in any divorce settlement.  If she gets half of Harold's 68 percent stake in the oil company, Sue Ann could receive a settlement valued at more than $5 billion and Harold could lose control of the company he apparently founded in 1967.  Interestingly, each member of the former couple has allegedly filed for divorce in the past.  Harold reportedly filed for divorce in 1998 and Sue Ann later filed in 2005.  Eventually, both petitions were dropped.</p>

<p>Although Florida laws differ from those that apply in this case, few people across the country enter into a marriage expecting to become divorced.  Still, most Florida residents would benefit from entering into a prenuptial contract prior to marrying. Such a contract is an agreement between a future bride and groom that describes exactly how a couple's assets will be divided if the marriage ends.  By having a prenuptial contract in place, a married couple may be able to reduce the amount of time, expense, and stress that can be associated with the divorce process.</p>

<p>If a Florida couple does not enter into a prenuptial contract, a post-marital agreement may be used to simplify the divorce process.  A postnuptial agreement divides a former couple's assets and outlines any required spousal support obligations. When minor children are involved, however, any agreement regarding child custody and support is always subject to modification by a Florida family court. If you have questions regarding the divorce process in Florida, you should contact a skilled <a href="http://www.bvlaw.com/prenuptial-and-post-nuptial-agreements.html">Florida family law attorney</a>. </p>]]></description>
            <link>http://www.miamifamilylawyerblog.com/2013/04/oil-tycoons-divorce-demonstrates-why-prenuptial-agreements-are-important-for-couples-in-florida-and.html</link>
            <guid>http://www.miamifamilylawyerblog.com/2013/04/oil-tycoons-divorce-demonstrates-why-prenuptial-agreements-are-important-for-couples-in-florida-and.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">Divorce</category>
            
                <category domain="http://www.sixapart.com/ns/types#category">Prenuptial and Postnuptial Agreements</category>
            
            
            <pubDate>Mon, 29 Apr 2013 08:39:59 -0500</pubDate>
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            <title>Divorcing Couples in Florida Should be Careful When Using Social Media or Other Electronic Communication</title>
            <description><![CDATA[<p><img alt="1146479_home_key sxchu username mikecco.jpg" src="http://www.miamifamilylawyerblog.com/assets_c/2013/04/1146479_home_key sxchu username mikecco-thumb-225x168-64020.jpg" width="225" height="168" class="mt-image-left" style="float: left; margin: 0 20px 20px 0;" />Most people use text messages, email, and social media accounts every day.  Although they provide a simple and efficient method of communicating with friends and loved ones, electronic communication can be dangerous for individuals who are going through a divorce or child custody battle.  It is always important to keep in mind that an angry email or social media post may be submitted to a family court judge for his or her consideration.  Unfortunately, a racy photo, bragging about an expensive trip, or a public rant can have a dramatic impact on an individual's credibility before the court.</p>

<p>When going through a divorce, it is necessary to remember that a family law judge may read everything you say about your ex-spouse electronically.  According to data recently released by the American Association of Matrimonial Lawyers, more than 80 percent of divorce cases in 2012 involved evidence taken from a social media account.  In addition, more than one-quarter of all divorcing spouses allegedly made damaging claims or said negative things about their former spouse online.  </p>

<p>Individuals who are going through a divorce or tough custody battle should always refrain from committing their anger to writing.  No matter the situation, no one should be blamed or told off via email, text, or other electronic means.  In fact, it is a good idea to wait at least 24 hours before sending or posting anything that may be read in a harsh light.  Always remember that people gossip and even trusted friends may be asked to testify in a heated family law dispute. </p>

<p>Each year, many Florida couples find themselves in the midst of divorce proceedings. The host of emotions that can accompany the dissolution of a couple's marriage often feels overwhelming. Additionally, the financial damage that can result from end of a marriage can be distressing.  You don't have to face the divorce process alone.  If you are in the midst of a contentious divorce or child custody battle, you owe it to yourself to discuss your rights and obligations with a quality divorce lawyer.</p>]]></description>
            <link>http://www.miamifamilylawyerblog.com/2013/04/divorcing-couples-in-florida-should-be-careful-when-using-social-media-or-other-electronic-communica.html</link>
            <guid>http://www.miamifamilylawyerblog.com/2013/04/divorcing-couples-in-florida-should-be-careful-when-using-social-media-or-other-electronic-communica.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">Custody</category>
            
                <category domain="http://www.sixapart.com/ns/types#category">Divorce</category>
            
            
            <pubDate>Wed, 24 Apr 2013 21:01:34 -0500</pubDate>
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            <title>Permanent Alimony Ban Moves Forward in Florida Legislature</title>
            <description><![CDATA[<p><a href="http://www.miamifamilylawyerblog.com/952313_gavel%20sxchu%20username%20creationc.jpg"><img alt="952313_gavel sxchu username creationc.jpg" src="http://www.miamifamilylawyerblog.com/assets_c/2013/04/952313_gavel sxchu username creationc-thumb-225x150-63396.jpg" width="225" height="150" class="mt-image-right" style="float: right; margin: 0 0 20px 20px;" /></a>The Florida Senate has reportedly approved a measure that would end permanent alimony in the state.  <a href="http://www.flsenate.gov/Session/Bill/2013/0718" target="_blank">Senate Bill 718</a> would limit the number of years spousal support may be collected based upon the length of a couple's marriage.  In addition, the measure would allegedly allow existing permanent alimony awards to be revisited using new spousal support standards.  Although a similar measure is still being considered by the Florida House, it appears likely that permanent alimony laws in our state will soon change.</p>

<p>The proposed law could have a dramatic impact on everyone who is affected by a Florida divorce.  Current Florida law requires divorcing couples to engage in mediation, and an increasing number of former couples are reportedly opting to collaborate on a marital settlement agreement.  Unfortunately, divorcees who negotiated for long-term spousal support instead of property in the past are allegedly concerned that they may be faced with losing their permanent alimony in the future.  </p>

<p>Although permanent alimony may be awarded to either spouse following divorce, many Florida women apparently oppose the proposed measure.  Data from the United States Bureau of Labor Statistics found that men over age 35 earn about 25 percent more pay than women of equivalent age.  In addition, the Census Bureau claims women lose about 37 percent of their income following the end of a marriage.  For men, that number is reportedly approximately 22 percent.</p>

<p>In the State of Florida, a family court may award spousal support following a divorce based on a number of factors. The length of the former couple's marriage, each party's current financial situation, and the overall marital history can be taken into account.  Additionally, a Florida judge may award alimony on a temporary or permanent basis for a number of reasons. Generally, any alimony award issued in Florida will be based on both the financial need of one former spouse and the ability to pay of the other. Obtaining a spousal support award can be complex.  If you are in the midst of divorce in Florida, you should contact a quality family law attorney to help you protect your rights.</p>]]></description>
            <link>http://www.miamifamilylawyerblog.com/2013/04/permanent-alimony-ban-moves-forward-in-florida-legislature.html</link>
            <guid>http://www.miamifamilylawyerblog.com/2013/04/permanent-alimony-ban-moves-forward-in-florida-legislature.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">Spousal Support</category>
            
            
            <pubDate>Fri, 19 Apr 2013 10:05:33 -0500</pubDate>
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            <title>Divorced Parents in Florida Should Work Together to Engage in Effective Co-Parenting</title>
            <description><![CDATA[<p><img alt="795735_i_love_you sxchu website.jpg" src="http://www.miamifamilylawyerblog.com/assets_c/2013/04/795735_i_love_you sxchu website-thumb-225x168-62747.jpg" width="225" height="168" class="mt-image-left" style="float: left; margin: 0 20px 20px 0;" />Divorce is often emotionally traumatic.  According to the Florida Association of Family and Conciliatory Courts, more than one-quarter of divorces in Florida are high-conflict splits.  Understandably, many people have less than positive feelings about their former spouse immediately following the end of their marriage.  Although making angry statements might make a divorcees feel better in the short-term, such words can potentially inflict lasting harm on a couple's children.  Research studies allege that children are more likely to suffer negative outcomes following a high-conflict divorce.  Parental hostility is reportedly associated with low self-esteem, insecurity, sexual promiscuity, substance abuse, and an increased likelihood for dropping out of school.   </p>

<p>In order to protect children, Licensed Psychotherapist Allyson Tomchin states parents should focus on engaging in effective co-parenting.  Tomchin believes co-parenting can reduce parental conflict and increase the effectiveness of both parents.  Although Tomchin says there is not a single way to effectively co-parent, some rules of thumb include being respectful of your child's other parent, maintaining a focus on your child while communicating with your former spouse, and being flexible with regard to sharing your child's time.  Additionally, Tomchin suggests that parents ensure children are out of earshot when venting about an ex-spouse and anytime financial or court-related matters are discussed.  </p>

<p>In some situations, effective co-parenting may mean consulting a mediator, therapist, or attorney.  If you or your former spouse cannot maintain a civil relationship, a number of online programs are also available to help you coordinate your child's time and share information with his or her other parent.  </p>

<p>Since 2008, all divorcing parents in the State of Florida are required to adhere to a parenting plan that includes a time sharing schedule.  A time sharing schedule will specify which parent a child will spend weekdays, weekends, holidays, and other life events with.  Although divorcing parents are encouraged to negotiate a parenting plan, a Florida Family Court will impose a plan on parents who are unable to come to an agreement.  When creating a parenting plan, the court will look to a number of statutory factors, including the mental and physical health of each parent, each individual's moral fitness, a parent's capacity to provide a stable routine for the couple's child, and other factors.  If you have questions about child custody and time sharing agreements, you should contact a quality family lawyer today.</p>]]></description>
            <link>http://www.miamifamilylawyerblog.com/2013/04/divorced-parents-in-florida-should-work-together-to-engage-in-effective-co-parenting.html</link>
            <guid>http://www.miamifamilylawyerblog.com/2013/04/divorced-parents-in-florida-should-work-together-to-engage-in-effective-co-parenting.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">Custody</category>
            
            
            <pubDate>Mon, 08 Apr 2013 10:40:52 -0500</pubDate>
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            <title>Supreme Court Decision in Two Challenges to Same-Sex Marriage Bans Could Affect Florida Residents</title>
            <description><![CDATA[<p><img alt="1038828_u_s__supreme_court_2 sxchu username davidlat.jpg" src="http://www.miamifamilylawyerblog.com/assets_c/2013/03/1038828_u_s__supreme_court_2 sxchu username davidlat-thumb-225x168-61814.jpg" width="225" height="168" class="mt-image-right" style="float: right; margin: 0 0 20px 20px;" />This month, the United States Supreme Court is hearing oral argument regarding two challenges to a state and federal ban on same-sex marriage. One <a href="http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/12-144.htm" target="_blank">case</a> involves California's Proposition 8, which states marriage may only exist between a man and a woman in that state.  California is one of 29 states that currently forbid same-sex marriage.  A 2008 amendment to the Florida Constitution also defines marriage as a union between one man and one woman.  In addition, the State of Florida will not recognize same-sex marriages or other unions even when entered into legally in another state.</p>

<p>According to Joseph Jackson, University of Florida Law Professor and Director of the Center on Children and Families, domestic relations laws fall under the jurisdiction of each state.  Jackson said under the nation's federal system, Congress may not legislate marriage and divorce matters.  He stated depending on the wording of the opinion, a Supreme Court ruling against the California law could potentially affect Florida's law as well.  If the wording is broad enough, Florida may be forced to change or remove its ban on same-sex marriage.  In contrast, a narrow opinion against the California law would likely have no effect on other states.  </p>

<p>The other <a href="http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/12-307.htm" target="_blank">case</a> now before the high Court challenges Section 3 of the federal Defense of Marriage Act (DOMA).  DOMA applies to federal laws and regulations and overturning it would likely have little or no impact on Florida's same-sex marriage ban.  Still, legally married same-sex couples would be allowed to enjoy the same federal tax and other benefits as heterosexual couples if DOMA is ruled unconstitutional.  An opinion is reportedly not expected in either case until June, when the current session of the Supreme Court concludes.  </p>

<p>Despite that same-sex and unmarried couples may not divorce in the State of Florida, important legal matters may still be addressed using a legal separation agreement. Normally, a legal separation agreement will distribute a former couple's assets and debts.  Such an agreement should also address both child custody and support obligations.  Regardless of a couple's legal status, facing the end of any long-term relationship is always difficult.  If you have family law questions, you should contact a skilled attorney to help you protect your financial and other rights.</p>]]></description>
            <link>http://www.miamifamilylawyerblog.com/2013/03/supreme-court-decision-in-two-challenges-to-same-sex-marriage-bans-could-affect-florida-residents.html</link>
            <guid>http://www.miamifamilylawyerblog.com/2013/03/supreme-court-decision-in-two-challenges-to-same-sex-marriage-bans-could-affect-florida-residents.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">Legal Separation</category>
            
            
            <pubDate>Tue, 26 Mar 2013 12:53:26 -0500</pubDate>
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            <title>So-Called &apos;Anti-Sharia&apos; Bill Approved by Florida Senate Judiciary Committee</title>
            <description><![CDATA[<p><img alt="606144_quran_page_230 sxchu username sumeja.jpg" src="http://www.miamifamilylawyerblog.com/assets_c/2013/03/606144_quran_page_230 sxchu username sumeja-thumb-225x168-61430.jpg" width="225" height="168" class="mt-image-left" style="float: left; margin: 0 20px 20px 0;" />Not everyone who seeks a divorce in Florida was married here.  A bill that would ban Florida courts from considering religious or foreign law in divorces and other family law cases was recently approved by the Senate Judiciary Committee.  Proposed <a href="http://www.flsenate.gov/Session/Bill/2013/0058" target="_blank">Senate Bill 58</a> was introduced by Senators Alan Hayes and Larry Metz, and states that only Florida law may be considered with regard to child custody and support, divorce, alimony, and the division of a former married couple's assets.  The bill will reportedly move on to several other Senate committees before it reaches a vote.  Additionally, the proposed measure is apparently ready to be heard in Florida's House.  In the last legislative session, the same bill was passed by the House but later failed in Florida's Senate.  </p>

<p>Before Senate Bill 58 left the Judiciary Committee, a number of individuals offered what purportedly turned out to be emotional testimony regarding the proposed legislation.  Supporters of the bill allege that the proposed legislation was simply designed to prevent potential legal issues in the future.  Critics claim the measure was designed to target Sharia law, a Koran-based code that is followed in some Islamic countries.  At present, the American Civil Liberties Union and a number of religious organizations in Florida oppose the bill.  </p>

<p>Last year, a federal appeals court blocked a similar voter-approved law from going into effect in the State of Oklahoma.  A three-judge panel of the Tenth Circuit held the law, which specifically forbade judges from considering both Sharia and international law in their decisions, unconstitutionally discriminated among religions.  </p>

<p>Every year, many Florida residents find themselves in the midst of divorce proceedings. The host of emotions that often accompany the end of a couple's marriage may feel overwhelming.  In addition, the financial damage that can result from dissolution of a marriage can be devastating.  If you are faced with divorce, you owe it to yourself to discuss your rights with a skilled divorce lawyer.  </p>]]></description>
            <link>http://www.miamifamilylawyerblog.com/2013/03/so-called-anti-sharia-bill-approved-by-florida-senate-judiciary-committee.html</link>
            <guid>http://www.miamifamilylawyerblog.com/2013/03/so-called-anti-sharia-bill-approved-by-florida-senate-judiciary-committee.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">Divorce</category>
            
            
            <pubDate>Fri, 22 Mar 2013 08:47:46 -0500</pubDate>
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            <title>Basketball Superstar Michael Jordan Should Consider Entering Into a Prenuptial Agreement Before Marrying in Palm Beach County</title>
            <description><![CDATA[<p><img alt="Jordan_Lipofsky By Steve Lipofsky Basketballphoto.com GFDL or CC-BY-SA-3.0 wikimedia commons.jpg" src="http://www.miamifamilylawyerblog.com/Jordan_Lipofsky%20By%20Steve%20Lipofsky%20Basketballphoto.com%20GFDL%20or%20CC-BY-SA-3.0%20wikimedia%20commons.jpg" width="223" height="250" class="mt-image-right" style="float: right; margin: 0 0 20px 20px;" />According to a spokesperson for the Palm Beach County Court Clerk's Office, basketball superstar Michael Jordan has applied for a marriage license in Florida.  50-year-old Jordan reportedly became engaged to his fiancé, 34-year-old Cuban-American model Yvette Prieto, in December 2011.  Although the couple purportedly plans to marry on April 27th, their marriage license is valid for up to 60 days.  </p>

<p>The anticipated wedding in Palm Beach County would be Jordan's second.  In 2006, the former basketball player's marriage to Juanita Vanoy ended after 17 years.  Following their divorce, Vanoy reportedly received a settlement that totaled approximately $168 million.  </p>

<p>In early March, Jordan purportedly asked a Fulton County, Georgia court to dismiss a paternity action against him in connection with a child that was born while he was married to Vanoy.  The former NBA player also allegedly stated the child was not his and filed a counterclaim seeking sanctions against the child's mother.</p>

<p>No one enters a marriage expecting to become divorced. Jordan, however, would benefit from a entering into a prenuptial agreement prior to marrying Prieto.  Such an agreement is a contract between a future bride and groom that outlines exactly how a couple's marital assets will be divided in the event of divorce.  Even in situations where a future spouse is not a public figure like Jordan, entering into a prenuptial agreement is a smart move.  By having a contract in place, a couple may be able to avoid some of the stress that is often associated with the divorce process.</p>

<p>If a couple fails to enter into a prenuptial agreement, a post-marital contract may simplify the divorce process for individuals who decide to separate.  In general, a postnuptial agreement outlines the division of a former couple's assets and describes any spousal support obligations.  Although a post-marital agreement may include a provision regarding child custody and support, such determinations are always subject to modification by a family court.  In addition, a Florida court is not required to honor a provision in any marital agreement that waives temporary attorney's fees and costs.  All premarital and post-marital contracts must be written and signed.  </p>]]></description>
            <link>http://www.miamifamilylawyerblog.com/2013/03/basketball-superstar-michael-jordan-should-consider-entering-into-a-prenuptial-agreement-before-marr.html</link>
            <guid>http://www.miamifamilylawyerblog.com/2013/03/basketball-superstar-michael-jordan-should-consider-entering-into-a-prenuptial-agreement-before-marr.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">Prenuptial and Postnuptial Agreements</category>
            
            
            <pubDate>Tue, 12 Mar 2013 17:30:01 -0500</pubDate>
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            <title>House Bill 231 Seeks to End Permanent Alimony in Florida</title>
            <description><![CDATA[<p><a href="http://www.miamifamilylawyerblog.com/1259849_calculator_2%20sxchu%20username%20mihow.jpg"><img alt="1259849_calculator_2 sxchu username mihow.jpg" src="http://www.miamifamilylawyerblog.com/assets_c/2013/03/1259849_calculator_2 sxchu username mihow-thumb-225x150-60320.jpg" width="225" height="150" class="mt-image-left" style="float: left; margin: 0 20px 20px 0;" /></a>The Florida House is yet again considering a proposed measure that would end permanent alimony awards.  <a href="http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=49463" target="_blank">House Bill 231</a>, sponsored by Representative Ritch Workman of Melbourne, would reportedly limit the number of years spousal support could be collected, shield retirees from being forced to pay alimony, and remove the option for alimony in the case of marriages that lasted less than 10 years.  Still, the proposed law would purportedly allow a judge to award long-term durational alimony where appropriate.  Absent exceptional circumstances, such spousal support awards would be limited to a period of no longer than half the length of a former couple's marriage.</p>

<p>According to Representative Workman, Florida's current alimony laws are outdated and need to be reformed.  Representative Cynthia Stafford of Miami disagrees.  She purportedly believes the proposed measure is one-sided and would likely harm many divorcees in Florida.  In February, the House Civil Justice Subcommittee voted 10-2 to approve the bill.  Only Representatives Stafford and Jose Javier Rodriguez of Miami voted against the proposed bill.  </p>

<p>The subcommittee vote reportedly followed sharply divided testimony regarding the current alimony system in Florida.  One man allegedly testified that half of his wages are still paid to his former spouse decades after the couple's marriage ended.  Another individual supposedly described to lawmakers how a permanent alimony award allowed her to continue living in her home following the end of her 20-year marriage.  Next, House Bill 231 will be considered by Florida's House Judiciary Committee.  In addition, a substantially similar bill, <a href="http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=49868" target="_blank">Senate Bill 718</a>, was recently introduced in the Florida Senate.  </p>

<p>In Florida, a family law judge may choose to award alimony following a divorce based on a number of factors.  The length of the marriage, each party's financial situation, and the overall marital history may play a role in such an award.  In addition, a Florida family court may award spousal support on a temporary or permanent basis for a variety of reasons.  Generally, any Florida alimony award will be based on both the financial need of one spouse and the ability to pay of the other.  Because obtaining a spousal support award can be complex, anyone in the midst of a divorce in Florida should speak with a skilled family law attorney to discuss their rights.</p>]]></description>
            <link>http://www.miamifamilylawyerblog.com/2013/03/house-bill-231-would-end-permanent-alimony-in-florida.html</link>
            <guid>http://www.miamifamilylawyerblog.com/2013/03/house-bill-231-would-end-permanent-alimony-in-florida.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">Spousal Support</category>
            
            
            <pubDate>Mon, 04 Mar 2013 17:29:42 -0500</pubDate>
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        <item>
            <title>Dwyane Wade Child Custody Case Highlights the Importance of Written Custody Agreements</title>
            <description><![CDATA[<p><img alt="425px-Dwyane_Wade.jpg" title="'Dwyane Wade' by Keith Allison from Baltimore, USA (Dwyane Wade) [CC-BY-SA-2.0 (http://creativecommons.org/licenses/by-sa/2.0)], via Wikimedia Commons" src="http://www.miamifamilylawyerblog.com/425px-Dwyane_Wade.jpg" width="275" height="310" class="mt-image-right" style="float: right; margin: 0 0 20px 20px;" />Dwyane Wade, the Miami Heat basketball player, has an ongoing feud with his ex-wife, Siohvaughn Funches-Wade, over <a href="http://chicago.cbslocal.com/2012/06/26/judge-dwyane-wades-ex-wife-cant-visit-kids-in-chicago-until-ruling/" title="Judge: Dwyane Wade's Ex-Wife Can't Visit Kids In Chicago Until Ruling" target="_blank">custody of their two children</a>. Wade received sole custody of the children last year, but the parents' dispute endures. Funches-Wade currently stands accused of attempted child abduction after she allegedly did not return the children to Wade's sister in Chicago so that they could join Wade for Father's Day. The alleged incident and the ensuing criminal matter led a Chicago judge to revise the parents' custody arrangement. The case shows the importance of having a clear, unambiguous written custody arrangement that defines the rights and obligations of both parents, and also provides a definite way to for enforcing them.</p>

<p>Wade and Funches-Wade were high school sweethearts in Illinois. <a href="http://www.people.com/people/article/0,,20040573,00.html" title="NBA Star Dwyane Wade, Wife Have a Son" target="_blank">They have two sons</a>, Zaire and Zion. The couple separated in August 2007, only three months after Zion was born. Their divorce was finalized in 2010, and the <a href="http://www.eurweb.com/2011/03/dwyane-wade-wins-sole-custody-of-his-children/" title="Dwyane Wade Wins Sole Custody of his Children" target="_blank">court awarded sole custody of the children to Wade</a> in March 2011.</p>

<p>The judge's 102-page custody ruling had harsh words for Funches-Wade, as well as a complex set of provisions for support and custody of the children. The judge chastised Funches-Wade for trying to "alienate the children from their father." Creating a workable arrangement would be difficult in this environment. She ordered that Funches-Wade would have "regular parenting time" every other weekend in Miami, and on other specified times throughout the year. Because Wade lives in Miami and Funches-Wade had moved back to Chicago, some allowance was necessary for the children to travel between the two cities.</p>]]></description>
            <link>http://www.miamifamilylawyerblog.com/2012/07/dwayne-wade-child-custody-case-and-the-importance-of-written-custody-agreements.html</link>
            <guid>http://www.miamifamilylawyerblog.com/2012/07/dwayne-wade-child-custody-case-and-the-importance-of-written-custody-agreements.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">Custody</category>
            
            
            <pubDate>Mon, 02 Jul 2012 20:43:00 -0500</pubDate>
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            <title>Frequently Asked Family Law Questions: Factors to Consider When Hiring a Miami Divorce Attorney. </title>
            <description><![CDATA[<p><strong><small><big><big>The Decision</big></big></small></strong>: <br />
The decision to get divorced is one that should be arrived at after all other options have been exhausted.  One should only get divorce after concluding that one's marriage is irretrievably broken and there is no hope of a reconciliation.  Family counseling has helped many struggling couples in their relationships.  One should never have regrets over not having done enough to try to save a marriage.  Having said that, if you have concluded that your marriage is over then, before any other decision is made, you should seek the advice of an <a href="http://bvlaw.com">experienced South Florida family lawyer</a>.  </p>

<p><big><strong>The Search</strong></big>:<br />
Finding the right attorney for your case is the second most important decision that you will make in this process and it is one that can have a lasting impact in your future.  Some people invest more time in buying a house or finding a good restaurant than they do in finding an experienced family lawyer, and many times your choice of a divorce attorney can have a greater impact in your life.  Be prepared to invest time in finding different alternatives.  The more options you develop the better your decision will be.   Begin by asking family, friends and co-workers, preferably ones that have been or are going through a divorce.  Do a search <a href="http://lawyers.justia.com/">online</a>.  </p>

<p><big><strong>Criteria</strong></big>:<br />
When looking for a family law attorney there are many factors that must be taken into account such as the level of experience your potential attorney has, the hourly rate or potential cost, the comfort level you have with your potential attorney, the geographic location of your potential attorney etc. </p>

<p><big><strong>Quality</strong></big>:<br />
I do not believe there is such a thing as the best attorney in a particular area.  There are attorneys that have a good reputation, have more years of experience and that generally obtain favorable results for their client's; however, that is all relative to a particular client's needs.  You do not necessarily need the best attorney in the state with his or her presumably high hourly rate or cost when your case can be resolved with the same level of competency of an experienced family law attorney with less years of experience and presumable a lower hourly rate or cost.  As the saying goes, you don't need the best brain surgeon to remove stitches. </p>

<p><big><strong>Experience</strong></big>:<br />
Experience is generally related to the amount of years an attorney has been practicing.  Relevant experience is directly related to the amount of time an attorney devotes to a particular area of practice.  You should be looking for an attorney that has experience in the area of family law.  The amount of time an attorney has been practicing and the amount of time the attorney dedicates to the area of family law is especially relevant.   An attorney that has exclusively practiced in the area of family law will presumably have more experience than one that has a general practice, all other factors being equal.  An experienced attorney in the area of family law will almost certainly be more familiar with the latest changes to the laws, local procedures, the judges, the judges staff, local professionals such as mediators, forensic accountants, psychologists and therapists, and the general operation of a family practice. A simple way to find out how long an attorney has been practicing law or his or her standing is to look them up on <a href="http://www.floridabar.org/names.nsf/MESearchDK?OpenForm">the Florida Bar Association web site</a>. </p>

<p><big><strong>Hourly Rate or Cost</strong></big>:<br />
Most family law attorneys will require an initial deposit for fees and charge an hourly rate.  The hourly rate varies somewhat but is generally related to the experience the attorney has in a particular area as well as the market conditions.  The best way to get a sense of what is a reasonable and fair hourly rate is to inquire with different attorneys.   Generally speaking, attorneys with similar experience charge similar rates.  It is important to understand the particular billing practices of each attorney.   Ask each attorney to explain his or her fees and billing practices to you until you understand them and do no rely on the language in a contract that you may not take the time to read or understand.  </p>

<p><big><strong>Comfort level with attorney</strong></big>:<br />
Like the selection of any professional, it is important that you feel comfortable with the attorney that is going to represent your interests.  You may be spending significant time with him or her and you want to make sure he or she fully understands your concerns.  If you are more comfortable in a different language look for an attorney that is fluent in that language and not just that he or she has staff that speak your language. If you require detailed and careful explanation of all details of your case, make sure that the attorney you hire has the time to give you the explanations that you need. </p>

<p><strong><big>Geographic Location</big></strong><br />
The geographical location of your potential attorney is an important factor to consider when choosing an attorney for your family law needs.   You will be spending, in some cases, considerable amount of time at your attorney's office.  You may also be spending a lot of time in court and the proximity of your attorney to the <a href="http://www.jud11.flcourts.org/multitop.aspx?pid=269">courthouse</a> is also important since you will be paying for to the attorney's time.  </p>]]></description>
            <link>http://www.miamifamilylawyerblog.com/2012/03/the-hiring-of-a-divorce-attorney.html</link>
            <guid>http://www.miamifamilylawyerblog.com/2012/03/the-hiring-of-a-divorce-attorney.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">Family Law FAQ</category>
            
            
            <pubDate>Mon, 12 Mar 2012 12:24:36 -0500</pubDate>
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