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The Florida Fifth District Court of Appeal recently ruled in a case of first impression involving a same sex partnership child custody dispute. In a rather unique case, two women involved in a same sex partnership decided to have a child after engaging in a committed relationship for 11 years. When one woman in the partnership learned she was infertile, the other donated an egg which was fertilized using an anonymous donor. The infertile partner then carried the child to term and a baby girl was born in January 2004. The result was that although one partner gave birth to the child, the other is the child’s biological mother.

Only the woman who gave birth to the child was listed on her birth certificate, but the child’s last name is a hyphenated version of each woman’s last name. Although the couple parted when the child was 2 years old, she continued to treat each woman as a parent and divided her time between them. When the child was 3.5 years old, the birth mother reportedly took the child and left the country without notice. A short time after the egg donor learned of their whereabouts, the two returned to Florida.

The child’s biological mother filed a lawsuit in Brevard County seeking visitation. A circuit judge reluctantly ruled in favor of the child’s birth mother because a woman who gives birth to a child is the child’s mother according to Florida law. The biological mother appealed to the Fifth District Court of Appeal. The appellate court stated both the United States and Florida constitutions provide parental rights to both women and preempt Florida law on the matter. The Fifth District overturned the Brevard County judge’s decision and remanded the case to determine visitation, custody, and child support issues based on the best interests of the child.

The appellate court also asked the Florida Supreme Court to consider whether application of the Florida statute regarding parentage to the facts of the case at hand rendered the statute itself unconstitutional.

In the state of Florida, a custody arrangement is generally referred to as a time-sharing schedule. An overall parenting plan which includes a time-sharing schedule is usually established when parents divorce but can be established any time parenting partners choose to end their relationship. A time sharing plan outlines the amount of time a child will spend with each parent every week. This includes both holidays and overnights. If a child’s parents cannot agree on a time-sharing plan, a court will set a schedule which takes into account a variety of statutory factors and the child’s preference. Florida law requires a parent who seeks to modify a time-sharing schedule to show the existence of substantially changed circumstances which justify the change.
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Members of the baby-boom generation are increasingly choosing to divorce as they near retirement age. Although the overall U.S. divorce rate declined in recent years, divorce rates among adults aged 50 to 64 steadily increased. According to Susan L. Brown, co-director of the National Center for Family and Marriage Research at Bowling Green University, one in four divorces in this nation currently involve someone over the age of 50. In 1990, less than ten percent of divorces involved a spouse over age 50. That’s a dramatic increase from only twenty years ago.

As the boomer generation ages and reaches retirement, the related life transitions can be tough. Some couples who spent decades together find they must reconnect with one another on a new level. Retiring spouses often have a difficult time adjusting to life without a daily work routine. Spouses who previously stayed at home alone may also have a tough time as their routine is suddenly interrupted by the presence of another person in the home all day. Many marriages will survive the transition, but researchers say weak unions may shatter under the stress.

Research has shown the baby-boom generation has frequently engaged in a pattern of marriage at a young age, divorce, and subsequent remarriage. According to Brown, marriages in which at least one spouse has been married before are twice as likely to result in divorce later in life than those in which both spouses are in their first marriage. A divorce near retirement age can cause a huge financial strain on both parties as retirement accounts and other assets are split. Additional questions arise as many late life divorcees have no plans to remarry. According to Brown, this can result in societal challenges if baby boomers become ill or can no longer care for themselves because no spouse is present to provide care as with past generations. Choosing to remarry can also pose added legal obstacles if estate planning and inheritance matters are not planned well in advance.
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Florida lawmakers are currently considering a bill which would end permanent alimony awards following divorce. If passed by the Florida Legislature, House Bill 549 would base an award of alimony on the length of the divorcing parties’ marriage. For example, a marriage which lasted for 12 years would be eligible for a maximum alimony award of 12 years. The bill would also cap awards based on the payer’s income and allow payments to cease upon the payer’s retirement.

Earlier this month, the state legislature heard testimony in favor of House Bill 549 from members of the Florida Alimony Reform Group. A member of the group, Hector Torres, has also urged legislators to allow previous awards of permanent alimony to be revisited by courts. According to Torres, the state’s laws are behind the times and it is unfair he must pay alimony until his death after a marriage which lasted only 14 years.

Although the bulk of divorces across the nation involve some sort of alimony award, the money is generally provided to assist a spouse as he or she works to become self-supporting. Today, several states are changing their alimony laws in response to the fact that more spouses work outside of the home. This fall, Massachusetts placed new limits on the length of time alimony may be awarded by courts and ended alimony payments when the payer reaches retirement or the payee begins residing with another partner. Florida recently amended state alimony laws to provide awards solely after marriages of long term duration. Permanent awards now also require a court determination stating no other alimony option is fair or reasonable given the parties’ situation. New Jersey is currently considering legislation to limit alimony awards as well.

In Florida, two requirements must exist before a court will award alimony. They include a need on the part of the payee and an ability to pay on the part of the alimony payor. The first requirement takes into account the distribution of marital assets combined with the parties’ standard of living prior to the end of the marriage. If the potential payee can maintain the same standard of living after all assets are distributed, a court likely will not award alimony.
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A 30-year-old Opa-locka mother of three was arrested last weekend for allegedly attempting to sell her infant son for $7,000. She was charged with a felony adoption violation after she reportedly called an acquaintance and offered to sell him her 8-month-old son. The man, a confidential police informant, immediately alerted Monroe County authorities and assisted police by recording conversations with the woman regarding the planned sale. After she reportedly failed to meet the man and an undercover officer from the Florida Department of Law Enforcement, she was taken into custody at her apartment. An outraged Miami-Dade Circuit Court judge ordered her bail set at $25,000.

The woman allegedly chose to sell her child due to financial strain. She had reportedly sought assistance from the Florida Department of Children and Families and the Miami-Dade Homeless Trust. According to her neighbors, she was also struggling to pay the monthly rent on a one bedroom apartment. The woman told the judge presiding over her bond hearing she only received $650 per month in child support from her estranged husband.

A Miami-Dade juvenile court judge, María Sampedro-Iglesia, placed temporary custody of all three of the woman’s children with her estranged husband. According to her husband, the infant the woman allegedly attempted to sell is not his child. Because he is currently unemployed, the judge also ordered him to seek food stamp assistance.

Another man attended the temporary custody hearing and stated he may be the father of the infant allegedly put up for sale. He stated he would seek custody of the child if a paternity test revealed he is in fact the boy’s father. According to Sampedro-Iglesia, the law views the woman’s husband as the child’s father and the other man currently has no paternal rights.

In Florida, parents are obligated to provide support for their children. A child support award is determined using established statutory guidelines. The award will take into account costs related to medical and dental care, day care, and the amount of time each parent is awarded according to their time sharing plan. If a child suffers from any disabilities, it may also factor into an award of support. If a parent is voluntarily unemployed or under-employed, a court may award child support based on imputed income. Imputed income is determined using a parent’s job qualifications, past employment record, and community pay rates.
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A Lee County judge signed an order Thursday demanding the return of Country singer Mindy McCready’s 5-year-old son, Zander, to his maternal grandmother’s care in Florida. McCready reportedly took the boy to her home in Tennessee after visiting him late last month at her father’s Florida home. McCready, who is reportedly seven months pregnant with twins, said she was currently incapable of travel and allegedly refused to return her son to Florida.

McCready’s mother was named Zander’s guardian in 2007. Since then, the two have engaged in a long battle over his custody. The 36-year-old singer recently accused her mother of abusing Zander and stated she took the child in an effort to protect him. Her mother denies the allegations. In August, McCready also filed a libel lawsuit against her mother.

Early Saturday morning, Arkansas authorities reportedly took Zander into custody at a previously unoccupied summer home in Heber Springs. McCready allegedly did not have permission to be on the property and was found hiding in a bedroom closet with her son. The Arkansas Division of Children and Family Services is currently making arrangements to return the child to his grandmother in Florida. McCready has allegedly told her half-brother via text message their mother would never see her again.

McCready has reportedly led a complicated life since finding fame. She allegedly suffers from severe depression, has publicly battled a drug addiction, and she spent time in the hospital three years ago for an alleged suicide attempt. It is unclear whether McCready will now face criminal charges for violating the custody arrangement and the judge’s order.

Changes to child custody arrangements must be approved by the courts. In Florida, a parent must show substantially changed circumstances since the original arrangement was created before a court will modify a child custody arrangement. Additionally, the child’s best interests must justify any change. A parent’s fitness to raise the child, the child’s age, the parent primarily responsible for the child’s upbringing, and the child’s preference are all factors a court will look at when determining the best interests of a child. The court will also look at other factors such as the moral fitness of the parents, any evidence of sexual violence, child abuse, child neglect or child abandonment, and various other statutory factors.
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Details of professional wrestling personality Hulk Hogan’s confidential divorce settlement came to light this week after a recent court filing. After more than 25 years of marriage, Hogan’s ex-wife, Linda Bollea, reportedly received approximately 70 percent of the couple’s liquid assets, $3 million in property, 40 percent of various company revenues and several luxury vehicles. Luckily for Hogan, he was not ordered to pay alimony despite the long term nature of the Florida couple’s marriage. Child support was not at issue as the couple’s two children were adults at the time of the couple’s split.

The divorce settlement was reportedly disclosed when Hogan filed a copy of the agreement as part of an ongoing legal dispute between the former couple. Hogan is currently challenging a court order to pay his ex-wife a percentage of gross company revenues. According to Hogan’s attorneys, the divorce settlement stipulated his ex-wife receive a percentage of net company revenues and requires that all disputes must be addressed through arbitration.

Hogan’s divorce was no doubt costly. He likely would have benefited immensely from a negotiated prenuptial agreement, which the couple reportedly did not have. In Florida, a prenuptial agreement is a written contract signed by both potential spouses prior to marriage which outlines how assets will be divided in the event of divorce or death. The semiretired wrestler’s highly public and acrimonious split from his wife reportedly dragged out in the courts for almost two years. If the parties had entered into a prenuptial agreement, negotiations over assets and spousal support obligations likely would have been decided well in advance of any split. Unfortunately, many people who enter into marriage with few assets do not consider signing a prenuptial agreement and later regret it.

Even where no prenuptial agreement exists, most family law issues can be resolved outside of a courtroom through negotiated settlements. Postnuptial agreements can be a useful tool for couples in Florida. Postnuptial agreements are written contracts, such as marital settlement agreements, entered into by married couples who are contemplating separation or divorce. A postnuptial agreement will generally address the disposition of assets and spousal support obligations. Such agreements may also include provisions regarding child support and custody but they are always subject to modification by a court.
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A bill filed before the Florida Legislature on November 2nd would prohibit judges presiding over a divorce from considering adultery when awarding alimony, place limits on the total amount and length of time alimony may be awarded, and allow divorce agreements in which alimony was awarded to be reopened and renegotiated. House Bill 549 would also terminate all alimony payments once the spouse ordered to pay reaches the age of retirement.

House Bill 549 was filed by Brevard County legislator Ritch Workman. Representative Workman reportedly filed the bill only eight days after his own divorce was finalized in Florida. Although alimony was reportedly not awarded in Workman’s divorce, the Melbourne legislator has stated he believes current Florida alimony laws are inequitable.

Alimony is a tool used by Florida courts to maintain each party’s standard of living after a divorce. Alimony is not awarded in all circumstances, however, as an award of alimony is contingent upon the financial needs of one spouse and the others ability to pay. Additionally, the length of the marriage also plays a factor in an alimony award.

House Bill 549 is part of a growing trend to reform alimony laws both in Florida and across the nation. Workman’s bill was modeled after similar legislation passed recently in Massachusetts. If the bill passes in Florida, its effects would be far-reaching. Even routine divorce settlements could be reopened and reexamined. Since filing House Bill 549, Representative Workman has stated specific portions, such as a cap on awards, should be removed.

The bill closely follows on the heels of recent amendments to the permanent alimony provisions of Florida Statute 61.08 which took effect on July 1, 2011. Permanent alimony 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. Permanent alimony may also be awarded at the discretion of a judge after a moderate or short-term marriage is dissolved. Since July 1st, Florida courts must now determine no other alimony award is “fair and reasonable under the circumstances,” when permanent alimony is awarded. For moderate-term marriages of 7-17 years, clear and convincing evidence permanent alimony is the appropriate award is now required.
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A number of judges in Broward and Miami Dade county courts have begun ordering divorcing parents to use third-party websites designed to effectively manage scheduling for their children. Websites such as OurFamilyWizard.com and ShareKids.com allow parents to maintain an online calendar to communicate important events, appointments and custody hand-offs. The technology can often eliminate the need for parents to call, text, or email one another during times of discord. The websites can also provide parents with an incentive to restrict highly emotional or vindictive communications because messages cannot be erased and all communications may be traced. Additionally, such technology may cut down on time spent in court as the websites may be viewed by divorce mediators, lawyers and judges.

Scheduling websites for divorced parents are popular. OurFamilyWizard.com was started in 2001 and currently has more than 20,000 subscribers hailing from all 50 states and some foreign countries. It provides parents with a shared calendar, expense logs, a place to list significant telephone numbers, a message board accessible to children as well as parents, and space to upload and view documents like report cards and school awards. Courts in more than 35 states currently order its use. ShareKids.com, founded by a divorced father of four, offers many of the same features.

Broward County’s administrative family court judge, Susan Greenhawt, believes other forms of communication such as emails and texts are not always an effective method for parents to communicate productively. She thinks scheduling websites have the ability to assist parents who are seeking what is best for their children. Miami-Dade chief family court judge Sandy Karlan has stated most judges in the county have been recommending the technology to parents for years. Many judges also order its use. Both judges said they generally encounter little opposition from parents who are ordered to use the online scheduling websites. Parents who divorced before use of the technology became widespread may also find the sites useful.

In Florida, custody arrangements are referred to as time-sharing. A parenting plan that includes a time-sharing schedule is established when parents divorce. This plan will outline the amount of time each week a child will spend with each parent including overnights and holidays. If parents cannot agree on a time-sharing plan, the court will set a schedule which takes into account several statutory factors such as abuse or violence and the child’s preference. In order to modify a time-sharing plan, Florida law requires a parent seeking modification to show circumstances have changed substantially enough to justify the change.
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A man was arrested in September for allegedly defrauding a wide variety of St. Augustine, Florida merchants after he reportedly failed to pay for more than $17,000 worth of flowers, catering, professional photography and a host of other expenses related to his July 2010 wedding. In addition to being accused of making fraudulent purchases at several St. Augustine businesses using his mother’s credit card, he also faces charges for failing to pay his child support and jumping bail.

The man’s bride has stated she knew something wasn’t quite right when she walked down the aisle, but she ignored all of the warning signs and married the “nice guy” she loved anyway. She quickly realized her prince charming wasn’t quite what he claimed to be. Less than one year after taking her wedding vows, the 37-year-old kindergarten teacher reportedly made the decision to move out of the couple’s home and start her life over.

When the pair met, the groom was a divorced father who claimed to flip houses for a living and appeared from the outside to be financially secure. They reportedly went on vacation trips and he hosted a lavish engagement party for their friends and family. At the time, no obvious signs of financial distress were apparent.

According to the bride, the man’s father implored her to watch his spending on the couple’s wedding day two years after they met. One month after they married, the man allegedly took his wife’s engagement ring to have it altered and never returned it. Then her laptop reportedly disappeared. Three months after the couple was married, the man was arrested for allegedly writing bad checks in order to pay for that expensive engagement party. When he was arrested again the following June, his wife made the decision to leave her marriage.

She later learned that the man kept her from speaking to his ex-wife throughout their relationship because he was wanted for failure to pay child support. A mere 14 months after her marriage, the woman is not only rebuilding her life, but also her ruined credit.
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If you are interested in buying a divorce cake, a local bakery in Cooper City, Florida can provide you with your custom cake. A Fort Lauderdale divorce attorney has learned that couples who divorce in Broward are throwing parties to celebrate that their marriage is over. These parties help transition a party from married life to single life. One divorce party planner strictly provides services to divorcees. The company allows a divorcee to choose from different themes depending upon their own preferences.

Divorce party planners believe that divorce parties justify the traumatic experience that people go through following a trial in Fort Lauderdale that deals with alimony, child support, child custody and other marital and family law matters. The party fulfills a void in a person’s life during a crisis such as a divorce.

For some individuals, celebrating their divorce fulfills the need for companionship. During and after a divorce, people are on their own. They tend to feel anxious and depressed. While some people spend as much as they spent on their wedding, a divorce party can also be viewed as an unfortunate way to celebrate a family that has been split up.

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