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Recent Blog Posts in July 2010

July 28, 2010
  Can I Record My Telephone Calls with my Spouse?
Posted By Damien McKinney

With the onslaught of celebrity coverage surrounding Mel Gibson's recorded telephone rants, many divorce clients have asked whether it is legal to record their spouse or ex-spouse's telephone conversations.  The answer depends on several different factors and often varies on a case by case basis.

The general rule is, no, unless you obtain express consent.  Florida wiretapping laws are complex and can carry criminal or civil punishments if violated.  In situations where your spouse would have a reasonable expectation of privacy, it is not proper to record your spouse's telephone conversations without permission.  I typically recommend always obtaining permission from your spouse or ex-spouse before recording any telephone call or communication.

However, there are several exceptions to this general rule, that would require an in-depth analysis of the facts and circumstances of your family law case. 

Contact your expert Tampa family law attorney to discuss whether these exceptions apply to you and your case.

Continue reading "Can I Record My Telephone Calls with my Spouse?" »

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July 27, 2010
  Christmas in July
Posted By Ellen Ostman

It is never too early to start thinking about where your children will spend their holidays.  Most parents wait until November to start dialoguing with their former spouse about scheduling their holidays for their children.  If they do not have a set schedule in place, they find themselves calling their family law attorney after Halloween to settle their disputes.  Unfortunately, the judges have dockets that are already crowded.  So, last minutes hearings are rarely granted and usually quite expensive to litigate.

I recommend that clients start around the beginning of the school year to set out their requests for a holiday schedule.  That way, if there is going to be a disagreement, it can set sorted out without a last minute rush to the courthouse that quite possibly might not get resolved in time.

If you find that you and your spouse are unable to work something out, going to a mediator may be helpful.  Many jurisdictions have mediation services available for divorce cases at the courthouse for a relatively low cost.

Additionally, it may be helpful to know that many jurisdictions have a holiday guideline schedule that may be found on the courthouse website.  Ask your expert Tampa family law attorney for ideas as to how to get this problem served early in the year and avoid unnecessary expense.

Continue reading "Christmas in July" »

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July 26, 2010
  New Law Affecting Child Support
Posted By Chris Givens
Portions of Chapter 61 of the Florida Statutes has been modified by a new law recently signed by Governor Charlie Crist.  One of the smallest modifications to the actual Florida family law will have one of the largest effects on Florida divorce.

Chapter 61.30 has reduced the amount of timesharing that a parent must have with his or her minor child or children to utilize the Substantial Timesharing Child Support Guidelines Worksheet instead of the Standard Child Support Guidelines Worksheet. Prior to the new law, parties in Florida custody cases could only use the Substantial Timesharing worksheet if each parent had at least 40% of the overnight timesharing with the minor child or children.  The new law reduces the threshold from 40% to 20%.  

This drop from the required amount of overnights is important because the amount of child support paid from one party to another is considerably less under the Substantial Timesharing Child Support Guidelines Worksheet.  Additionally, in the majority of family law cases involving minor children both parents have at least 20% of the overnights with their children.

Contact an expert Tampa family law attorney to see if this new change in the child support statute affects your family.
Continue reading "New Law Affecting Child Support" »

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July 23, 2010
  Durational Alimony in Florida Divorces
Posted By Chris Givens
Governor Charlie Crist recently signed a new law that introduces a new type of alimony to Florida family law cases.  Durational alimony is the name of the new type of alimony that may be awarded in Florida divorce cases.  According to the new law, durational alimony may be awarded when permanent alimony is inappropriate.

The new statute states that the purpose of durational alimony is to provide a party with economic assistance for a set period of time following a marriage of short or moderate duration.  Durational alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony.

The amount of durational alimony paid may be modified or terminated based on a substantial change in circumstances, but the length of a durational alimony award may not be modified.  One interesting characteristic of durational alimony is that the length of the award is not allowed to exceed the length of the parties’ marriage.

Contact an expert Tampa family law attorney to see if this new type of alimony applies to your situation.
Continue reading "Durational Alimony in Florida Divorces" »

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July 22, 2010
  What if I Have Lost Contact With My Spouse?
Posted By Garrett Riley

Every so often a client who has lost contact with the spouse will come into the office seeking a divorce.  What can that person do if there is no knowledge of where the spouse currently resides and there is  no way to reach that spouse for the purposes of serving the necessary papers to get their case started? 

If you cannot locate your spouse and wish to obtain a divorce, all hope is not lost, however certain steps need to be taken before the Court will grant you the relief that you seek. 

First, a diligent search needs to be conducted to locate the spouse.  Florida family law requires that you check with the Post Office, the spouse's last known employer, and the spouse's family members.  Telephone listings, the Internet, the Department of Motor Vehicles, hospitals, utility companies, and other places of that nature must also be investigated. 

Second, if a diligent search reveals no information, a notice by publication will need to be done.  This means running the notice of the filing of your case in a newspaper in the county you are filing in at least once a week for four consecutive weeks.  Running the notice by publication in the newspaper will act as "constructive service" on the spouse.  If the spouse does not respond, then the Clerk and the Court will issue a "default" and grant the divorce and other relief you may be seeking. 

This can be a complicated process and it is important to consult an expert Tampa Family Law Attorney to ensure that a diligent search is conducted through the help of an investigator and that all the other correct legal steps are taken to get you to a resolution as soon as possible.

Continue reading "What if I Have Lost Contact With My Spouse?" »

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July 21, 2010
  Imputation of Income in Florida Family Law Cases
Posted By Chris Givens
In Florida family law cases, courts apply the child support guidelines in cases where there are minor children of the parties.  Sometimes, the current income of the parties does not reflect a party’s ability and duty to make support payments.  A new modification to child support laws allows family law courts to impute income to a party that does not participate in a child support proceeding, or fails to provide adequate financial information in a child support proceeding.  In those cases, Florida custody courts must now rely on the rebuttable presumption that the absent parent has the income equivalent to the median income of year round, full time workers.

Contact an expert Tampa family law attorney to learn if this new law affects your family.
Continue reading "Imputation of Income in Florida Family Law Cases" »

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July 19, 2010
  When Does Child Support End?
Posted By Chris Givens
Florida Governor Charlie Crist recently signed a bill that will modify when and how child support ends.  In general Florida divorce or paternity cases, child support ends as the child reaches the age of majority (turning 18 years old).  However, the Statutes regarding Florida family law allow for child support to continue if the child remains dependent on his or her parents because of a physical or mental incapacity that occurred prior to the child turning 18, or if the child is still in high school, performing in good faith and with a reasonable expectation of graduation before the age of 19.

The new statute modifies when child support will end.  Before the statute was passed, child support did not automatically end when the child reached the age where child support should terminate.  The old law required parties to obtain a new court order, at the time the child reached the age of majority, modifying or ending child support.  The new statute provides that for all child support award orders entered after October 1, 2010, the court must provide dates when the child support obligation should be modified or terminated.

Contact your expert Tampa family law attorney to see if this new change to the child support statute will affect your family.
Continue reading "When Does Child Support End?" »

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