Court Hearings

Family law cases, except in a few limited instances, have hearings open to the public. That being said, many of our local Pinellas County Judges hold their hearings in chambers. Just because they are in chambers, rather than a courtroom, does not make them closed to the public, but it often discourages people not directly involved from sitting in the hearings and makes it somewhat harder to know exactly what hearings are being held and when. Regardless of where a hearing is held the public and the press have a right to attend and sometimes do which is exactly what happened at one of my hearing's yesterday. In general the press' presence is a good and positive thing for our legal system though my clients overwhelmingly prefer hearings held in chambers. When they are held in chambers everyone sits at a large conference table and the proceeding generally seems less formal. In the courtroom the parties must go up to the witness box beside the Judge’s seat and the lawyers stand at the podium when talking. It really depends on the Judge and sometimes the type of hearing as to where the hearing will take place. Letting parties know which location their hearing will be in eases anxiety.

Happy New Year!

Best wishes to all for a happy, healthy and prosperous New Year! All too soon we will return to our normal routines, the holidays behind us and the lull that comes with it, a distant memory. Will your family and friends know that when all is said and done that it is they that matter most? Now is the time I remember not only the families that I represent, but my own. Too often our families and friends are forgotten in the press of what we do day in and day out. Take some time this holiday season to let your friends and families know that you care for them and that they are the most important things in your life. Take your opportunities and resolve to make more in the new year; you can never show those you love that you care too much or too often.

Domestic Violence Injunction

Unfortunately domestic violence occurs and it happens across the spectrum regardless of race, socio-economic level, ethnicity etc... Filing for an Injunction for Protection Against Domestic Violence is often a victim’s attempt to end the contact and get some peace. The Clerk's office has a very good video that describes the process. Most people file for Injunctions without lawyers though many thereafter hire a lawyer to help them through the rest of the process. Injunctions are an absolute necessity in some instances but there are a few occasions where I have also seen them used improperly. It is very disheartening to see some people use them to try to gain a quick and easy custody decision rather than for their real purpose. I do think the Court is pretty good at weeding out the bad filings but it really is waste of everyone’s time and the Court’s resources to have to sort those out. If you know someone who is the victim of domestic violence suggest they call the local abuse resource which here in Pinellas County is C.A.S.A. They can help you form a safety plan and give you some factors to consider in whether or not to file an Injunction.

Carolina Christmas

When I was a kid, back in the dark ages as my children think, my parents usually took us down to Wilmington to see the "World’s Largest Living Christmas Tree." Now I kind of doubt it really is the world’s largest but when I was a kid it sure seemed like it. And actually looking at the picture posted on the web this year it really is impressive. The 79th annual lighting of the tree was earlier this month at Wilmington’s Hilton Park. I read that the massive oak tree covered with Spanish moss is believed to be more than 400 years old and is covered with 5,250 bulbs. It was first lit in 1928 with over 500 lights. Merry Christmas!

Divorce & Christmas

Christmas is almost here. I know many families who are dealing with their first Christmas without the traditional family gathering. There are often disagreements as to where the children are going to go and how the holiday will be divided. As a general rule I ask my clients to put their children first and think about what they want. Remember that its important to start new traditions with your children so they can help adjust to how life and the holidays are going to look when the divorce is final. If anyone has any suggestions on how to help children with their first "divorce" Christmas, I encourage you to post those suggestions here for all other readers.

PAJAMA DAY

Today in my youngest child’s Kindergarten class they are having "Pajama Day." Oh she is so excited she can hardly stand it! She is wearing her favorite Hannah Montana PJs and taking her big soft teddy bear as her nap time toy. Honestly, I really do appreciate her excitement. What’s better than staying cozy in PJs all day?

Exactly what is Probate?

In the last few decades a lot of information on probate has become widely available. Although I think in general, an increase in public information is a positive development, the benefit is obviously dependent on the accuracy of the information. The probate process is really three-fold. First you gather the assets. Second you determine the debts. And third you distribute the estate according to the law. It really is a very systematic method to transfer property to heirs. For me it is also rewarding legal work. Often I drafted the will and knew the decedent well. So though the family is grieving I like that I am able to personally relate to the family and serve as a helper in the process. Probate does take a while. I think that is the complaint I hear most often. But one of the main reasons it takes a few months to resolve is to make sure the heirs actually know for sure what the assets and debts are. If you don’t have a will, please consider having one drafted to make sure your wishes are known and followed.

Responding to a Child Support Case

Many of the matters I handle involve child support establishment or modification. Child support is, in theory, a mathematical calculation that should be relatively easy to determine using the child support guidelines established in Florida Statutes, Chapter 61. The key word there is "should." I often represent parties who have been served with a Petition or Notice by the Florida Department of Revenue (child support enforcement) that a new case has been opened or an old case is being looked at to see if child support should increase. But I sometimes get the sense that people think since it is such a "cut and dry" thing there is no need to really prepare for the hearing. Nothing could be further from the truth. My experience with hearings involving D.O.R. has been that there are too many cases flooding an over burdened system. As a result the Respondent really has to be prepared. No one is going to make sure your rights are protected except you and your lawyer. I have seen many, many erroneous mathematical calculations made that can be difficult, if not impossible, to have undone once ordered. I have been told after the fact about many cases where facts which should have been taken into consideration were not either addressed in Court or not proven. Proof requires preparation including knowledge as to what is relevant to the issue at hand and experience with the rules of evidence. Don’t let time slip away or expect that something that is clearly unjust won’t happen; it’s much better to get it right the first time.

Affordable divorce

Now more than ever before there is a great concern among my clients to keep the fees and costs low in their divorce and custody proceedings. In these troubled economic times, I have heard many people ask, "Can I afford a divorce?" When the State of Florida and the Pinellas County budgets shrank, one way they tried to deal with their problem was by raising the filing fees. It now costs $418.00 to file for divorce and a similar amount to file a Counter-Petition. Used to be there was no fee for the Counter-Petition and the filing fee was a good $50.00 cheaper. To make matters worse, in this economic slump, it’s not just the government’s pocketbook that has shrank but all of ours too. Fortunately the way I practice law lends itself to efficiency. I have always been attuned to the best way to get to the end goal with the least amount of time, stress and money. With all strategic decisions in a case I give my client the potential costs so that can be weighed in the decision making process like all the other factors. Often I work out payment plans for divorce to help those clients that want to get started but are having a hard time with the initial retainer. As a good friend of mine recently said, maybe the silver lining of this economic downturn is the opportunity it gives us all to really help each other. Going through a divorce is often gut wrenching and emotionally draining so I do my best to narrowly define the legal issues and steer my clients on the most direct route to finalization.

Financial Woes Affect School Board Policy

I have been watching the situation unfold with the School Board with a mixture of disappointment and reluctant acceptance. My children, like so many in Pinellas County, go to a school we were able to chose a few years back rather than the one closest to our home. As the school system faces this unparallelled budget crisis I have sympathy for the members trying to figure out ways to literally cut millions of dollars and still educate these children while at the same time I share the frustration of so many parents who took the time to learn about all the schools in our area and pick the one best suited to our family's needs. Now after we are so invested in our school having to move next year is very sad to think about. Then again I know these times might call for drastic changes and we are literally all in this together. So what ever happens we will adapt.

Happy Holidays!

The season is upon us. We have hung our stockings on the mantle. This year we have seven - my children, my Husband, my in-laws, our puppy and my Sister who we have the good luck to have with us this year. Our family's tradition is to go to church on Christmas Eve and then drive or walk (depending on the weather) through our neighborhood to look at all the lights. Our community raises money for Hospice with the neighborhood light display and it is a family party atmosphere with most neighbors outside visiting and chatting. My children always look forward to it and so do I.