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Two bills passed by the Florida House died in the Senate as the legislative session ended on March 9th. House Bill 549 would have put an end to permanent alimony in the State of Florida. House Bill 1209 was designed to ban Florida courts from considering foreign or religious law in legal decisions. As the session ended, the Florida Senate chose not to call either bill to the floor for a vote. Proponents of both measures have vowed to reintroduce the proposed laws in the future.

A spokesperson for the Florida Alimony Reform group, Alan Frisher, expressed disappointment in the Senate’s failure to pass alimony reform during the recent legislative session. According to Frisher, current alimony laws promote extended periods of animosity between ex-spouses. He believes the state should instead focus on the length of a couple’s marriage as well as transitional alimony which would purportedly encourage both spouses to become self-sufficient. Frisher stated the organization will continue to fight to change the state’s allegedly antiquated alimony laws. The Family Law Section of the Florida Bar Association strongly opposed House Bill 549 and the organization’s head, David Manz, referred to the Florida Alimony Reform group as a vocal minority.

The Florida Senate also declined to vote on House Bill 1209, “Application of Foreign Law in Certain Cases.” Although the measure did not single out Islamic law, it was often referred to by critics as the the “anti-Sharia” bill. If re-elected, Senate sponsor Alan Hays of Umatilla plans on reintroducing the measure in the next legislative session. Opponents of the failed measure have stated such a law is unnecessary and expressed concern over the intent of the bill as well as its effect on family law matters such as divorce and child custody. According to Hays, the measure was simply designed to ensure United States law is the only law considered by Florida courts.

In Florida, a court may award alimony where there is a need on the part of the alimony receiver and an ability to pay on the part of the alimony payor. A needs assessment will examine the distribution of marital assets and the couple’s standard of living prior to the divorce. If the potential alimony receiver has the ability to maintain the same standard of living after all assets are distributed, a Florida court generally will not award alimony.

Each year, many Americans find themselves in the midst of divorce proceedings. Although the range of emotions associated with the end of a marriage can feel overwhelming, the financial damage can also be devastating. If you are faced with the dissolution of your marriage, contact a qualified divorce attorney to help you protect your interests. An experienced divorce lawyer will discuss your options with you and help you file your case.
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Last week, the Florida House passed a bill which would ban all courts in the state from considering foreign or religious law in legal decisions and contract disputes. Despite passionate opposition from a variety of religious activist groups as well as two Jewish lawmakers, House Bill 1209 passed with a vote of 92-24. Although approximately 50 witnesses were on hand Tuesday to provide statements against the bill, lawmakers chose not to allow their testimony and instead went straight to the floor for a vote.

Critics refer to House Bill 1209 as the “anti-Sharia” bill in reference to religious based Islamic law. Although the bill was passed by a wide margin, Representatives Jim Waldman of Coconut Creek and Elaine Schwartz of Hollywood strongly opposed the bill. Representative Schwartz stated thousands of her constituents wrote to her expressing their concern over the measure. Because the bill would ensure Florida law trumps religious or foreign law in family law cases such as divorce and child custody disputes, she also expressed worry regarding how the law would affect divorces mediated by Jewish tribunals.

The bill, titled “Application of Foreign Law in Certain Cases,” was sponsored by Representative Larry Metz of Eustis who stated the proposed law was designed to prevent Florida courts from upholding Islamic law as has recently occurred in other parts of the country. He also stated he believes the law is fair because it applies to every foreign and religious law equally. Representative Metz cited increasing economic internationalization as an additional factor behind the law. He sponsored a similar ball last year.

Carin Marie Porras, chair-elect of the Florida Bar Association’s Family Law Section, believes the proposed law impairs the rights of Florida citizens. She stated Florida courts do not currently consider foreign laws that contradict public policy. The law’s effect on divorce and family law has the potential to be widespread. Before the bill becomes law, it must be approved by the Florida Senate. An identical Senate Bill 1360 is now under consideration by state lawmakers.

Each year many Americans find themselves in the midst of divorce proceedings. The range of emotions associated with the end of a marriage can feel overwhelming. The financial damage that can accompany a divorce can also be devastating. If you find yourself faced divorce, you owe it to yourself to consult with a qualified divorce attorney to help you protect your financial and other interests. An experienced divorce attorney will discuss your options with you and help you file your case.
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The members of the bar and bench are mourning the death of Maxine Cohen Lando, a veteran Miami-Dade Circuit Judge who died today at Mount Sinai Medical Center from cholangiocarcinoma, a bile duct cancer. She was 61.

Since spring of 2011, Judge Lando had undergone surgery and chemotherapy. Her condition began to deteriorate when she fell at the courthouse in October 2011. She had been in the hospital since February 2012.

Judge Lando began her legal career 40 years ago at the Miami-Dade Public Defender’s office. She was an Assistant Public Defender from 1974 to 1985, where she served in the Felony Division, and was a Senior Trial Assistant for both the Juvenile Division and the Misdemeanor and Traffic Division.

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In an 83-30 vote, the Florida House has passed Representative Ritch Workman’s bill designed to end permanent alimony in the state. House Bill 549 would not only prohibit new permanent alimony obligations in favor of long-term support orders, but it could also be applied retroactively to permanent alimony awards made in the past. This means Florida citizens currently paying permanent alimony would have the opportunity to reduce or eliminate spousal support obligations. The bill will now move on to the Florida Senate.

If the bill becomes law, it would reduce the length of time a court may award alimony payments to half of the length of the marriage absent additional written justification by a court outlining the need for a longer duration. It would also make it easier for those paying alimony to stop payments upon retirement and prohibit a court from ordering the paying spouse to live on a lower net income than the payee. Additionally, the law would prohibit a court from considering the income and assets of an alimony payer’s new spouse upon remarriage.

According to Florida Alimony Reform (FAR), a group that assisted in writing the bill, the law is necessary because current Florida alimony laws are unfair to men. 95 percent of divorced individuals paying alimony in the state are men and the financial burden of permanent alimony awards often prevent them from retiring. House Bill 549 was a compromise bill. FAR originally advocated for more sweeping alimony reforms.

The Florida Bar Association has publicly criticized the alimony bill and accused FAR of spreading misinformation. According to a press release written by David Manz of the Florida Bar Association’s Family Law Section, the proposed law is “far-reaching in magnitude and would have significant adverse and unintended consequences.” Although the Florida Bar reportedly agrees alimony reform is necessary, the organization claims FAR has exaggerated the purported lack of fairness in the current system. Manz also stated the Bar Association would support fair reform to Florida’s alimony laws.

In Florida, an alimony award is intended to maintain each spouse’s standard of living after a divorce. Because an award of alimony is contingent upon the financial needs of one spouse and the other’s ability to pay, alimony is not awarded in all circumstances. The length of the marriage also factors into any alimony awarded by a Florida court.

Although a permanent alimony award may be made at the discretion of a judge after a moderate or short-term marriage is dissolved, it is normally awarded to a spouse who is no longer capable of meeting basic financial needs after a long term marriage of more than 17 years. Florida courts are required to determine no other alimony award is “fair and reasonable under the circumstances,” before permanent alimony is awarded. For marriages which lasted between 7-17 years, there must be clear and convincing evidence permanent alimony is the appropriate award.
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A Broward County judge recently handed down a rather unusual bond court ruling to a Plantation man charged with domestic violence. At his initial appearance hearing, the 47-year-old defendant was ordered to buy his wife flowers and a birthday card, take her to dinner at Red Lobster, take her bowling, and attend marriage counseling.

The man was reportedly taken into custody after an argument with his wife escalated. The argument purportedly began because he failed to wish his spouse a happy birthday. According to the arrest affidavit, he pushed his wife onto a sofa, placed his hand on her neck, and threatened to punch her. Broward County Judge John “Jay” Hurley asked his wife if she was injured or afraid of her husband. After his wife responded she was not, the judge issued his order: the man was required to take his spouse on a date for her birthday.

According to Judge Hurley, he made the unique ruling because the incident was rather minor and the defendant had no prior arrest record. The judge also made clear he would not treat a more serious domestic violence case similarly. In this man’s case, his spouse did not appear to be in any danger despite the couple’s fight. Judge Hurley stated in this particular instance, his ruling was a better resolution than the alternatives of setting a bond or keeping the man in custody. Judge Hurley also ordered the couple to begin attending marriage counseling within one week.

In Florida, domestic violence can include assault, battery, stalking, aggravated assault, battery or stalking, sexual assault or battery, kidnapping, false imprisonment, and other criminal offenses. State law allows a victim of domestic violence to seek a restraining order against her or his alleged abuser. In order to obtain a protection order against an abuser, a victim must petition a court and provide specific facts regarding why a restraining order is merited. After that, the court will hold a hearing to determine whether a protection order is warranted.

A restraining order may also be granted where a petitioner has a reasonable fear that domestic violence will occur. If the court believes the petitioner is in immediate danger, based on the allegations in the petition, it may issue a temporary restraining order until a hearing can be held. Temporary orders generally last for 15 days, but are subject to an extension at the discretion of the court.

If a permanent protection order is granted, it will not expire. A petitioner must ask the court to modify or end a permanent restraining order. The petitioner must also demonstrate changed circumstances that warrant the modification or termination of the order. A temporary or permanent protection order requires an alleged abuser to stay away from the petitioner, the petitioner’s residence, place of employment, and other designated locations. It may also award a petitioner temporary custody of any minor children and require the abuser to give up their firearms and ammunition.
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This week, Florida’s Third District Court of Appeal declined to disqualify Miami-Dade Circuit Judge Maria Espinosa Dennis from a child custody case between two prominent area lawyers. After the two attorneys divorced in 2005, the former couple agreed to share custody of their two small children equally. Since that time, their relationship reportedly deteriorated so much so that the former wife, a law professor, asked Judge Espinosa Dennis to hold the former husband, a partner at a law firm, in contempt for allegedly violating provisions in their divorce agreement. According to the ex-wife, the ex-husband has continuously and repeatedly sent her abusive emails. The ex-wife also asked the judge to modify the former couple’s custody agreement.

Last November, the ex-husband filed a motion asking Judge Espinosa Dennis to recuse herself from the custody case after the law firm at which the ex-wife’s attorney is employed co-sponsored a fundraising event and donated $500 to Judge Espinosa Dennis’ re-election campaign. Judge Espinosa Dennis called the motion legally insufficient and denied his request. The former husband then appealed to Florida’s Third District Court of Appeal seeking her removal from the case. According to the ex-husband, it would be impossible for Judge Espinosa Dennis to treat him fairly due to the donations made to her campaign. Interestingly, the ex-husband’s own law firm also reportedly donated $500 to the judge’s re-election campaign last December.

The ex-wife’s appellate attorney argued that the ex-husband is simply unhappy with Judge Espinosa Dennis’ prior rulings against him. He also claims the former husband has continued the litigation in an attempt to drain his former wife’s financial resources. Because of this, the ex-wife asked the appellate court to award her approximately $100,000 in attorney’s fees. In a judgment which offered no legal reasoning except a citation to a 1991 Supreme Court of Florida case, a panel of Third District Court judges denied the ex-husband’s petition to remove Judge Espinosa Dennis from the case. Judges Richard J. Suarez, Judges Juan Ramirez Jr., and Vance E. Salter also provisionally approved the ex-wife’s request for legal fees.

Florida is a no-fault divorce state. If you have minor children, your final judgment of divorce will include a parenting plan and a custody arrangement, also called a time-sharing plan. Such a plan will outline which parent a child will spends holidays, overnights, and all other days with each week. If parents cannot agree on a time-sharing plan, one will be ordered by the court. The modification of a time-sharing plan can be difficult as a parent who is seeking modification must demonstrate changed circumstances justify the modification. If you are seeking to establish or modify your child’s time-sharing plan, a capable Broward County family law lawyer can assist you.
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A Miami-Dade judge has refused to recuse herself in a heated Florida custody dispute between two prominent attorneys, despite her alleged ties to the law firm representing the former wife. The spouses divorced in 2005 after seven years of marriage. At the time of their divorce, the couple reportedly agreed to share equal custody of their two sons. Since then, the ex-wife has accused the ex-husband of violating provisions in the former couple’s divorce agreement by repeatedly calling her names in emails. She has asked Judge Maria Espinosa Dennis to hold him in contempt and amend the custody agreement.

According to Florida election records, the law firm at which the former wife’s attorney is employed donated $500 to Judge Espinosa Dennis’ re-election campaign on November 15th. The day before, the firm also co-sponsored a fundraiser for Espinosa Dennis at a restaurant in South Miami. The former husband filed a motion asking Judge Espinosa Dennis to recuse herself on November 1st after invitations to the re-election fundraiser were distributed. Judge Espinosa Dennis denied his request and he appealed to Florida’s Third District Court of Appeal. He purportedly feels he will be unable to receive a fair hearing before the lower court judge.

The ex-wife’s law firm is also seeking an award of approximately $100,000 in costs and attorney’s fees against the ex-husband. Her appellate attorney has stated that the former husband’s recusal argument has no merit and is legally indefensible. According to the ex-wife’s lawyer, the ex-wife’s law firm took no substantive part in the re-election fundraiser and only attended the event. He also said that the Florida Judicial Ethics Advisory Committee only requires a judge to analyze an attorney’s campaign involvement when faced with a recusal request. No employee at the law firm is on Judge Espinosa Dennis’ campaign committee.

Although the former husband claims Judge Espinosa Dennis had an obligation to disclose the law firm’s fundraising efforts as a possible conflict of interest, the former wife’s attorney argues that the ex-husband is merely upset with the judge’s prior rulings against him. He also alleges that the ex-husband has continued litigation for more than two years in an attempt to drain his ex-wife’s financial resources. The former husband’s attorney stated the judge’s decision to continue to preside over the case is insensitive and fails to take into account how any reasonable individual would react given the situation.

Custody arrangements in Florida are referred to as time-sharing plans. A time-sharing plan will specify the amount of time a child will spend with each parent each week. The plan will also specify where children will spend overnights and holidays. If a child’s parents are unable to agree on a time-sharing schedule, the court will set a schedule for them. A court ordered time-sharing plan will take into account statutory factors such as the child’s preference and any instances of abuse or violence. In order to modify a time-sharing plan, Florida law requires the parent seeking modification to show substantially changed circumstances.
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Last year, Okaloosa County, Florida created its first Unified Family Court in Crestview. Okaloosa County Circuit Judge Terry Ketchel was appointed to preside over the court. According to Ketchel, the court was set up to bring related domestic issues into the same courtroom before a single judge. He also stated civil cases concerning divorce, domestic violence, neglect, and juvenile delinquency make up almost half of all cases heard in the First Judicial District of Florida.

Terry Terrell, Chief Judge of the First Judicial Circuit, is committed to the Unified Family Court concept. Terrell, who was previously appointed to a Family Court Steering Committee by the Supreme Court of Florida, believes Crestview was a particularly well-suited location in which to begin the program. Although the Unified Family Court is still in its early stages, Okaloosa County officials hope to establish another location next year.

Judge Ketchel believes the new court provides judges with an opportunity to engage in better decision-making because it provides a judge with a better understanding of a family’s particular situation. He also stated prior to implementation of the new court, it was not uncommon for a single family to have multiple cases on the family law docket at any given time. The primary goal of the Unified Family Court is to protect children. According to Ketchel, “They’re not causing any of this, but they are dramatically impacted. Even the best of divorces is traumatic for children.”

Although there is no way to truly determine the success of the county’s new family court, employees at the Department of Children and Families in Northwest Florida support the concept. Additionally, Terrell believes the court has increased judicial efficiency and acts as an effective case management tool. It will be interesting to learn whether other Florida counties soon follow the new Okaloosa County family court model.

If you are faced with divorce or other stressful family law matters, you need an experienced attorney who is focused on family law to help you navigate the legal process. Whether or not you have legal counsel for marital and family law matters can make a huge difference in your future. A knowledgeable family law attorney can help.
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Three days after he administered the Florida attorney’s oath to his son Carlos, 58-year-old Miami-Dade Circuit Judge Julio Jimenez succumbed to liver cancer. The former defense attorney started his career as a circuit judge in 2003. He began presiding over Miami-Dade family law matters last January.

Judge Jimenez was born in Matanzas, Cuba and immigrated to the United States with only his sister at the age of eight. When the rest of his family arrived in the United States, Jimenez’s family moved to Chicago. He attended the University of Illinois and later earned a law degree from DePaul University. Jimenez moved to the Miami Metro as a new attorney more than thirty years ago. The young defense lawyer met his wife, Lili, at the court house where she worked as an interpreter for Spanish speakers.

Jimenez is remembered as an active judge who truly enjoyed his job. 11th Circuit Chief Judge Joel Brown stated Jimenez was a well respected judge who had a reputation for both integrity and fairness. Miami-Dade Circuit Judge Jorge Cueto said Jimenez was a smart, decisive man. Early on in Cueto’s career, Jimenez served as a role model for the type of judge he hoped to become.

Judge Jimenez was also known for his willingness to make tough decisions in the courtroom. When presiding over criminal trials, he offered up long prison sentences for violent offenders. A former law partner said Jimenez always had the ability to differentiate between those offenders who merely made a mistake and those whose violence merited stiff punishment. Jimenez also expected parties to be practical and negotiate plea deals in those cases he felt ought to be resolved prior to trial.

Unfortunately, after only one year in the Miami-Dade Circuit’s family law division, Judge Jimenez lost his battle with liver cancer. He is survived by his wife and three children.
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Last month, a Hillsborough County Circuit judge ordered the arrest of a successful Tampa area businessman, after he was found guilty of five counts of criminal contempt of court for failure to pay his child support and alimony obligations. The man reportedly failed to attend the contempt hearing where Judge Caroline Tesche sentenced him to almost six months in jail for repeatedly refusing to pay more than $6 million in alimony and child support.

The man’s ex-wife initiated divorce proceedings in 2009 and the former couple reached a final settlement agreement in July 2011. Although the couple has a 12-year-old son together, she stated her former husband has not supported them for several years. According to her attorney, the man now owes his ex-wife $10 million.

The man in this case is reportedly a decorated Vietnam veteran, a former president of a company, and previously ran a building materials business which allegedly reported profits of more than $4 million per month at its height. At one point, he reportedly owned a mansion and regularly drove several high end sports cars. Now, the man claims he is financially insolvent. In fact, he allegedly filed for bankruptcy just three days prior to the contempt hearing. Still, Judge Tesche believes the father has the ability to pay.

This man reportedly owns stock in several large companies as well as other assets. His attorney has argued that the man’s hands are tied as the former couple’s settlement agreement prohibits him from selling his stock in order to generate cash. He also claims the man is unable to liquidate any of his assets and lives off of loans and a small monthly Department of Veterans Affairs disability check.

According to the former wife, her ex-husband has the money and is merely hiding millions of dollars in assets from her. In November 2010, he spent more than two weeks in jail for refusing to produce documents during the couple’s divorce proceedings. When he filed for bankruptcy, the man reportedly estimated his assets as being in the range of $100 to $500 million and his liabilities at no more than $50 million. To further complicate the case, the Internal Revenue Service is also allegedly performing a criminal investigation into his affairs. His attorney has stated he is not aware of the man’s current location.

Each year many Florida residents find themselves in the midst of a less than amicable divorce. Understandably, the host of emotions associated with the end of a marriage can be overwhelming. The financial damage can oftentimes make a bad situation even worse. If you are contemplating divorce, you need an experienced family law attorney to help you protect your financial interests.
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