2010 Statutory Interest Rate Set

Florida's Chief Financial Officer, Alex Sink, has announced that effective January 1, 2010, the interest rate for judgments and decrees, pursuant to sec. 55.03, Florida Statutes, shall be six percent (6%), down from the 2009 rate (8%). It's easy to forget what the judgment rates were for years past, but the CFO's website has a listing of historical rates from 1995 forward (from 1981 through 1994, the rate was 12%).

Christmas-time Community Service

In addition to the usual holiday baking, caroling, and shopping, one of things I enjoy doing most with our children at Christmas time is helping others. The past few years we have volunteered to ring bells for the Salvation Army through the Clearwater Bar Association. I am fully convinced that adding my two sweet cherubs increases the donations significantly, especially when they sing. The other thing we enjoy is strolling around looking at the lights in our neighborhood. Not only are they beautiful but they are used by the community to raise money for the Hospice of the Florida Suncoast, an amazing organization. If you're in Largo drive through anytime after dark until 10 p.m. but be sure to follow the directional arrows so you can get in and out without trouble. Check out Lake Park Lights for directions and Merry Christmas!

Am I entitled to part of my spouse's military retirement benefit?

The answer to that question depends on specific facts in your case. For example:

How long is the marriage?

How long was your spouse in the military?

Did the time periods overlap?

Is the retirement payment already in pay-out status?

Is any portion retirement payment reduced by a service related disability payment or might he or she take that option in future?

Note: A veteran can receive anywhere between 10 and 100 of his or her retired pay in the form of disability pay. There are a number of ways to address these issues but it must be examined carefully before a Final Judgment is issued.

Thankfulness

My absolute favorite holiday is the one we just celebrated - Thanksgiving. My children think I am nuts to choose that one as my favorite. "What about presents at Christmas? Candy at Halloween? Or Valentines in February?" They say. But to me Thanksgiving conjures up memories of being at Kickup, our family farm, outside Atkinson, North Carolina with my Grandmother and Granddaddy Moore, my Aunts and Uncles and all my cousins. We ran in the corn fields, played in the pond, and dressed up in Aunt Trish's old prom dresses. My family has since sold that farm but the memories of those fun times will always be with me. I am thankful to have them.

Pinellas Clerk and Property Apprasier Unity to Provide Better Technology

Pinellas County's Clerk of the Circuit Court, Ken Burke, and Property Appraiser, Pam Dubov, have each added a new function to their respective websites, making each site a more powerful and useful tool, especially for those in the real estate, title, or insurance industries.

Many people who use the Property Appraiser’s website, www.pcpao.org, need to view a parcel’s deed, but deeds are stored on the Clerk’s website, www.mypinellasclerk.org. To facilitate this need, the Property Appraiser added links that go to the Clerk’s site. These new links can be found near the sales transaction information on the Property Appraisers site. Customers can now follow these links directly to an image of the parcel’s deed. If the deed is not in the system and an electronic image is not available, a message displays alerting the customer. Similarly, on the Clerk’s website, links from the Official Records Search Page will redirect customers to the Property Appraiser information associated with a particular parcel.

Can a "nonsutodial parent" claim the federal income tax exemption for the children?

The answer has usually been yes, if agreed upon by the parties or ordered by the Court. The answer is still yes but the requirements to be able to do so have changed. On June 19, 2009 the IRS issued Chief Counsel Advice Memorandum No. 200925041 and this changed the requirements needed for a noncustodial parent to claim a child exemption. For tax years after July 2, 2008, attaching a copy of the Final Judgment that transfers the exemption to the noncustodial parent as long as certain conditions are met (such as the parent having been current in child support) is not sufficient and the exemption will be disallowed. IRS form 8332 is now required or, alternatively, "a document that conforms to the substance of Form 8332 and that has as its only purpose the release of a claim to the exemption." For those whose Judgments occurred prior to July 2, 2008, the Judgment itself is good enough only if it allows the noncustodial parent to claim the exemption unconditionally. The best practice should now be that an agreement contain certain language requiring IRS form 8332 be executed for a given year when the conditions for it have been met, together with enforcement language like sanctions and/or fees.

Wrangling Over Control of Court Technology

Sadly our state courts has failed to keep up with technology as far as electronic access for filing and reviewing documents. Now though this issue is apparent and rules regarding the same have been drafted, the fight for control of the process has slowed us down once again. The elected Clerks of Court and the court system have both staked a claim to control of the Internet "portal." I know they are communicating and trying to come to a resolution. Let's hope the dispute can be resolved more quickly than most as Floridian legal consumers stand to benefit significantly from the technology we now have available.

Are life insurance proceeds recieved after action filed marital?

Florida's 4th District Court of Appeals looked at this issue in Ross v. Ross decided on October 7, 2009. The parties in this case were married for six (6) years before suit was filed. The Husband and his brother had a lawn business before and during the marriage. Both the Husband and his brother owned "key man" life insurance policies naming the other as beneficiary. After suit was filed but before the divorce case was tried, the brother died and the Husband received over $1 million dollars as beneficiary of his brother's life insurance policy. The Wife argued that the proceeds were marital and subject to equitable distribution. The lower court agreed but the appellate court said no. The court reasoned that since there was no asset prior to suit being filed and the event that caused the expectancy to become an actual interest occurred after suit was filed, the proceeds were non-marital.

Evidence is Key

The difference between a conversation and a court hearing often revolves around proof. Proof is the ability of one party to show the Court that what they are saying is accurate. Sometimes the only proof is a person's sworn testimony but obviously, documentary proof or evidence, is preferable. A recent appellate decision out of Florida's 1st District Court of Appeals highlights this issue. In Chaney v. Fife, the Appellate Court decided last month that the slew of mistakes made by the trial court required the case be overturned. The underlying case involved issues of paternity, custody and child support. One of the many identified problems was that he trial court did not have any evidence to support its calculations for each party's federal tax liability. And worse, whatever evidence was presented was not written down by the Court it its findings of fact. Preparation and presentation of the underlying proof of the facts is crucial for trial.

IMMEDIATE INCOME DEDUCTION ORDERS

Florida law with regard to child support has changed effective October 1, 2009. The statute as amended now allows parties to request that child support not automatically be paid by an
income deduction order (i.e. an order making employers withhold payment of child support and send it to the State Disbursement Unit to be then sent on to the other parent) as long as the Court feels that direct payment is in the child's best interests. However, the amended statute also provides that if there is not an immediate income deduction order and there is a failure to pay on time in the future, any party may subsequently file an affidavit with the State Disbursement Unit (SDU) alleging a default. Fifteen (15) days thereafter the SDU shall notify all parties that future payments shall be paid through the SDU. No other court action is required.

KIDS' ANSWERS TO LIFE'S BIG QUESTIONS

I've seen this e-mail or one going around like it a few times. It's funny in and of itself and it's also kind of/sort of true.

It also reminds me of a situation relayed to me by my 7 year old daughter recently. She had one boy in her class that she would say is her "boyfriend" but recently he stepped on her fingers so she said she was through with him and now she's pretending a different boy is her boyfriend. Who can blame her?

HOW DO YOU DECIDE WHO TO MARRY?

"You got to find somebody who likes the same stuff. Like, if you like sports, she should like it that you like sports, and she should keep the chips and dip coming." -- Alan, age 10

"No person really decides before they grow up who they're going to marry. God decides it all way before, and you get to find out later who you're stuck with."-- Kristen, age 10

WHAT IS THE RIGHT AGE TO GET MARRIED?

"Twenty-three is the best age because you know the person FOREVER by then." -- Camille, age 10

HOW CAN A STRANGER TELL IF TWO PEOPLE ARE MARRIED?

"You might have to guess, based on whether they seem to be yelling at the same kids." -- Derrick,age 8

WHAT DO YOU THINK YOUR MOM AND DAD HAVE IN COMMON?

"Both don't want any more kids." -- Lori, age 8

Are your medical records still confidential in a divorce case?

The short answer is maybe not. A California appellate court ruled on this issue last week in Manela v. Superior Court, No. B21447. In that action, the parties were in the middle of a dissolution action that included a dispute over child custody. One party moved to quash subpoenas related to their medical records arguing that they were protected by doctor-patient privilege. The lower court had agreed and had, in fact, quashed the subpoenas. But the appellate court reversed the decision ruling that the constitutional right to privacy regarding medical records is not absolute and the party's privacy interests are outweighed by the state's compelling interest in protecting the child's best interests.

Dependency Case Law Update

Dependency law is a sub-category of family law. Actually some would say it is a quasi-criminal quasi-civil category on its own. This type of case is where child abuse or neglect is alleged, usually by the State (the Department of Children and Families [DCF]), but not necessarily. Chapter 39 of the Florida Statutes governs these matters.

An interesting new case is this area was published as a result of an appeal this year in the 5th District Court of Appeal. In B.T. v. D.C.F., the child at issue was adjudicated dependent based on a finding that the Father had abandoned him. The Father was incarcerated since before the birth of child and was not scheduled to be released until 2011. At the time of the hearing the child was 5 years old. The Father was the only witness at the hearing. He testified that he regularly received photos and updates about the child from family members, and that his failure to pay child support was due solely to his incarceration. The appellate court upheld the adjudication of dependency but held that the finding of abandonment was not supported by the evidence. The Court stated that the Department of Children & Families had presented no evidence other than incarceration to support a finding of abandonment and that incarceration alone was insufficient to support the finding of abandonment. The Court states in its opinion that "We do not suggest that [the child] was not abandoned by Father; merely that there was a failure of proof of abandonment."

This case is a reminder of the key in preparing proper evidence and testimony even where the end result may seem obvious.

Law Office Location

Our office is located in the heart of Pinellas County at 801 West Bay Drive in the Wachovia Bank Building. (Pictured above.) It is only minutes from the downtown civil courthouse in Clearwater where most of our cases are heard. It is also located in the same community where I and my staff live so we are familiar with the schools, organizations and activities here in Largo and the surrounding towns. The picture shown here was taken today on a typical Florida morning. It's sunny, warm and a little on the muggy side. While I doubt you will have any trouble finding us, do not hesitate to call us at (727) 584-2528 if need be.

How old does my son have to be to decide which parent he lives with?

This is probably the most common question I get asked regarding custody issues. The short answer is 18. In Florida there is no age at which a child gets to decide who they live with. The child's preference, if they are deemed of sufficient age and maturity, is just one of 20+ factors the Court looks at when making a custody decision. Apparently there are some states where when a child turns 13 (or some other certain age) they do get to decide. Florida law is directly contrary to that.

Property Value Challenges

If you own property in Pinellas County, you likely received your property assessments this past week. The property appraiser's office mailed the Truth in Millage (TRIM) notices on Monday, August 24, 2009.

The TRIM notice includes the home owner's property taxes, property assessments, and proposed millage rates set by various taxing entities. The market value shown on the 2009 TRIM notice is based on market condition and ownership status as of January 1, 2009 and is determined by analyzing sales that took place in 2008.

Property owners have until Friday, September 18, 2009 to file a petition challenging the notice. For the first time in Pinellas County, property owners who disagree with their property value assessments can file petitions to go before the Value Adjustment Board (VAB) online via the Clerk’s website, www.mypinellasclerk.org, beginning on Monday, August 31, according to Ken Burke, Clerk of the Circuit Court. Other methods of petitioning to go before the VAB are still available. The forms can be accessed online, then mailed or filed in person at the Clerk’s Board Records department located on the fifth floor of the Clearwater Courthouse, 315 Court St., Clearwater or may be dropped off at one of these Clerk’s branch offices: the St. Petersburg Branch at 545 First Ave. N., St. Petersburg; the Tyrone Branch at 1800 66th St. N., St. Petersburg or the North County Branch at 29582 U.S. 19, Clearwater.

The Value Adjustment Board serves as the decision-making authority between the property owners and the property appraiser when there is a disagreement over exemptions, valuations and classifications. Once a petition is filed, a quasi-judicial hearing is scheduled with a special magistrate. For more information, visit the Value Adjustment Board page at www.mypinellasclerk.org or call Board Records at 727-464-3458.

OUTSOURCING a/k/a Do you really know who is representing you?

A relatively new and growing trend in providing legal services is "outsourcing." This is apparently when the lawyer or law firm you hire delegates some of its legal work to someone else generally somewhere else. I do not do this. Of course, I am well aware of this cost-cutting strategy with some businesses, like your telephone company, but I personally do not think it is a good choice for legal work.

As a sole practitioner I develop very close relationships with my clients. I chalk that up to the fact that I am the one and only lawyer you will have representing you if you hire me. Your case will not get bumped down the line to a newer associate or to another colleague. I handle all my cases personally. I also know that the particular area of law I practice makes this personal relationship even more important to most of my clients. They have to share very intimate facts about their lives and families.

The Florida Bar Board of Governors is now considering modifying a prior opinion they gave approving the outsourcing of legal services. It seems like common sense to me that this trend is fraught with potential problems that will ultimately erode public confidence in the legal system. I would love to hear your thoughts.

Child Support & Contempt

Probably in large part because of the downward turn in the economy I am more apt to see cases involving non-payment of previously ordered child support. I have represented clients on both sides of this issue. Sometimes the paying party really cannot afford to pay the support because of job loss or wage decrease or illness or injury. Of course, the reality is the children's needs continue regardless of the economy or life's circumstances. Therefore the Courts often have to make the decisions regarding these difficult issues. There really is no easy solution because each family's needs are different and must be examined individually.

Statewide Electronic Access Approved

At present, each Clerk of Court maintains its own records and computer system for their particular jurisdiction. My office subscribes to access the Sixth Judicial Circuit's computerized records system so that we may access certain records and to see if a suit is filed in a particular case. It has long been debated amongst lawyers and Judges that Florida should implement a statewide system for access to all such documents. The cost and large scale of such a project have resulted in no such program to date. But good news is here. On July 1st of this year the Chief Justice of the Florida Supreme Court issued an Order to set standards for such a system. The Florida Legislature passed legislation that requires such a system, including electronic filing of law suits, to be up and running within a year. Though it may be a cumbersome process, it seems clear this is long over due.

Mandatory Financial Affidavits

A frequent question/complaint I have in amicable divorce cases, is why do I have to file a Financial Affidavit? My general response is because the law says you have to. And now and again I will discuss the multiple reasons why I think it is also a good idea. Today however, I read a case that outlines at least one exception to the "because you have to rule." See Salczman v. Joquiel, 776 So. 2d 986 (Fla. 3d DCA 2001). In that case, which for the record is not out of our appellate court but our sister court to the north, the parties entered into an ante-nuptial agreement after full disclosure. Both parties had separate counsel in the negotiation and execution of the agreement. Both were in their sixties at the time of their marriage; both had been married previously and both were financially secure. They ended their marriage after three years, each party agreeing that the ante-nuptial agreement controlled and requesting that the court ratify the same and grant their dissolution. At the final hearing, the court ordered that the parties file financial affidavits. The parties responded that they should not have to do so in light of their agreement and the fact that neither party was requesting any permanent financial relief from the other. The court indicated that it would seal the affidavits in the court file upon their being filed. The parties still refused, and the Court threatened contempt. The parties jointly appealed. Reading Fla. Fam. L. R. P. 12.285 literally, the Third District reversed the court's order directing the parties to file a financial affidavit. "Having found this agreement to be fair and reasonable on its face and entered into after full disclosure between the parties, the court was presented with absolutely no issue as to permanent financial relief for either party. Thus, the filing of financial affidavits would serve no purpose under the facts of this case and we do not believe that the rule mandates that they be filed." 776 So. 2d at 988.

Bad Faith & Attorney's Fees

An appellate rule change pending now before the Florida Supreme Court could make it easier for a party to seek attorney's fees and costs when the other side acts frivolously or in bad faith. The change was recommended by a vote of 39-0 by the Appellate Court Rules Committee. Under the current rules there is a deadline for lawyers to seek fees and costs from the other side pursuant to Florida Statute, section 57.105. If the bad conduct on the other side occurred after that time deadline, then technically the lawyer could not see relief through fees and costs. The change proposed modifies the rules to allow the lawyer to move for fees and costs because of bad conduct at any point in the case. It is clearly a logical and necessary rule change to try to curtail bad behavior.

UPDATE: Bill Becomes Law

Earlier this week, Governor Charlie Crist signed into law SB 904. That bill creates a statutory scheme for parenting coordinators, streamlines relocation litigation, clarifies the modification standard for cases involving parental responsibility, timesharing and parenting plans and establishes clearly the professionals capable of making parenting plan recommendations. This is especially remarkable in a year when little more than 10% of the over 2,000 filed bills passed both houses of the Legislature.

Iran's Election

Early last week I began trying to determine when exactly it would be likely for us to learn who had won the election in Iran. I contemplated the time zone difference and the small number of Western news outlines operating inside Iran. But truly I didn't contemplate the problems that are now suspected. Will we ever know who really won the election? It would be a shame not to, for so many reasons, not the least of which is the turnout of 85% of Iran's voting population. That is an astounding percentage of people who felt their voice would be heard and needed to be heard. It is another reminder to me of the wonder of our own democracy, warts and all.

Pending Bill on Children's Issues

The Children's Issues Bill (CS/CS/CS/SB 904) was sent to Governor Crist on Wednesday, June 3, 2009. It is now awaiting the Governor's signature. Some of the highlights of this bill include:

* The bill recognizes and authorizes the parenting coordination process and provides long-overdue qualifications for those serving as parenting coordinators and standards and safeguards for the process itself.

* The bill corrects a mistaken interpretation of last year's parenting bill that modification actions no longer required a showing of a substantial, material and unanticipated change in circumstances.

* The bill provides needed clarification that there is no presumption for or against any particular time-sharing schedule.

* The bill clarifies and streamlines the process to be followed when a parent seeks to relocate his or her residence.

The Presumptive 50/50 Time-Sharing Myth

The revised parenting statute that became law effective October 1, 2008, (Senate Bill 2532) has been the source of at least one myth, namely that this law establishes a 50/50 presumption for time sharing.

There is a long history of attempts within the Florida Bar's Family Law Section at revising and improving the custody statute. In recent years a concerted effort was made by some to adopt a "mandatory or presumptive 50/50 custody" approach. This concept was thoroughly examined and the expert opinions of mental health professionals familiar with children needs were carefully considered. This idea was strongly rejected by the study committee based on the overwhelming opinion of these experts who felt that such presumptions are not in the best interest of children, each family being considered unique, with its own history and dynamics. The conclusion was that a one-size-fits-all approach was completely out of place in matters relating to children where a determination of the children's best interests, based on the circumstances of each family, is the controlling standard.

The new October statute did not alter the basic shared parenting principles of our law. The supporters of the 50/50 interpretation point to the specific prohibition against any presumption for the father or the mother (Section 61.13 (2) (c)), the absence of any other clear language, and the deletion of such terms as "custodial" and non-custodial" parents to make their argument. However, viewing the terminology deletions in isolation, and focusing on the lack of other language in this one section, is simply to look at less than half the picture. First, there is absolutely no language creating a 50/50 presumption, and simple logic would dictate that such a "climate changing" event would have been noted during the drafting. Second, parenting determinations are based on best interests, and the factors make it clear that best interest is to be determined by considering the detailed history of every family and its unique facts. See 61.13(3). Moreover, many of the factors contain specific language as to the parents' "demonstrated capacity" or "demonstrated disposition for..." performing particular parenting tasks. See 61.13(3) (a) (c) (j) (k) (o) and (r). Rather than starting with a full range of options to be used depending on the circumstances of each family, the 50/50 time sharing idea arbitrarily sets an artificial starting point. There is a proposed legislative fix is pending, making it clear that there are no presumptions as to time sharing and emphasizing that the individual circumstances of each family are to be considered in determining best interest.

Regardless of what percentage of time sharing may result, any parenting plan or time sharing schedule that is supported by a thorough application of the factors merits serious consideration; focusing on a desired end product, with only a passing regard for the factors, is to protect the perceived best interests of one parent at any cost, the very approach that the statute disfavors. Lawyers best help by putting the client in the best factual light, highlighting the involvement and caring for the child that has taken place, and can continue to be expected, or work towards rehabilitation if needed. This is going to take the kind of early review and preparation that good attorneys are known for, and a lack thereof will have serious consequences.

Pending Bills Will Increase Filing Fees

Today, I received a letter from our locally elected, Clerk of Court, Ken Burke. He advises that 2 bills which passed the recent legislative session and are awaiting the Governor's signature cause some serious concerns. The bills in question are Senate Bills 1718 and 2108.

The first bill will dramatically increase filing fees by instituting a graduated scale for real property or mortgage foreclosure cases where, in some cases, filing fees may be as high as $1,900. The bill also greatly reduces the operational funding for Clerks statewide which will result in severe staff reductions and necessarily impact service levels.

The second bill restricts spending for technology initiatives that would enable the Clerk to further streamline work processes and increase office efficiency.

While these bills address items that may not be very glamorous they have real impact on all of us and fundamental right to access and effectively utilize the Court system. We need the system to civilly resolve disputes. I know that our Pinellas County Clerk’s Office is committed to providing exceptional service in all areas of operation under Mr. Burke's leadership.

Consider if you would like to help let Governor Crist know the negative impact of these bills, and if so, get involved and send him a letter. The address is: Office of Governor Charlie Crist, State of Florida, The Capitol, 400 S. Monroe St., Tallahassee, FL 32399-0001

Child Support Forgiveness in Adoption Cases

Upon entry of a Final Judgment of Adoption of Minor Child, it is clear that the birth parents' ongoing child support obligation ends. But in Step-Parent Adoption cases, past due child support (arrearages) may also be forgiven even though the case law on child support states that the right to child support belongs to the child. What cannot be forgiven by the prospective parents are payments owed to third parties, like the Clerk of Court or the Department of Revenue. A motion related to forgiveness would be filed after the adoption is finalized and only if the adopting parents freely and voluntarily wish to do so. See Florida Statutes, Section 63.212(e).

New FL Supreme Court Approved Parenting Plans

This past month, the Florida Supreme Court, came out with their approved parenting plan forms, along with some additional revised forms. These forms can be found at the Supreme Court's website, www.flcourts.org. The Supreme Court's website has two parenting plan forms. The first is a "regular time-sharing" parenting plan form and the second is a "safety based" parenting plan form. Prior to these forms, the parenting plan forms being used were independently created in various circuits across Florida. The Florida Supreme Court forms should make the plan forms used more uniform statewide. In truth, the old ones in use and the new forms are quite similar but there are a few small but significant differences like in the holiday visitation section and the extra-curricular activities section.

LAWYER JOKES

My Dad loves telling me lawyer jokes. So do quite a few of my friends and some of my clients too. So I'm passing on the 2 I've heard recently here:

What does a shark do to lawyer who falls overboard?
- Nothing, professional courtesy.

There's a lawyer, an accountant and an engineer together. Someone asks them, "What is 2 +2?" The accountant says "4." The engineer says, "Let me run the numbers & get back to you." The lawyer says, "What do you want it to equal?"

FILING FEES

In the summer of 2008, there was an increase in court filing fees that occurred state wide. What was more shocking for most of us was not that the courts were charging $408.00 rather than $363.00 for a new divorce filing, but that there would be a $295.00 charge for all counter-petitions. Seems like many people around the state are in an uproar over the charge for a counter-petition for dissolution of marriage. Apparently some county clerks (though not Ken Burke here in Pinellas County) are continuing to charge this fee even after the Attorney General issued a formal opinion that stated that the filing fee for counter-petitions was not authorized in family law cases. Now the clerks of the court are subject to a class action suit which has been filed in Hillsborough County about the wrongful charging of these filing fees. It'll be interesting to see how this all pans out, but I would hope that the clerks would have to return these fees to the people who have already paid them and to stop collecting the fees from future counter-petitioners.

Florida Prepaid College Funds

Recent changes to Florida Prepaid College Plan rules may now make them harder to cancel and thus more likely to be there when a child actually needs it. Florida Bar, Family Law Section supporter, Sen. Ted Deutch, D-Boca Raton, sought the rule change after the matter was brought to his attention by one of his constituents whose ex-husband cashed out their son's plan over her protests because it was only in his name. Now, prepaid plans bought after Feb. 1 will require both the purchaser and any listed survivor to agree before a plan can be cashed out if done so before the child goes to college.For those who bought a prepaid plan before Feb. 1, a survivor can be added and request made to give that person a right of refusal for any plan cancellations or changes. But, anyone who wants sole control of the plan can still choose not to list a survivor.

For details see Fla Admin Rule for Prepaid Plans 19B-5.004.

Interesting Quote

"The whole problem with the world is that fools and fanatics are always so certain of themselves, but wiser people so full of doubts." Bertrand Russell

Foreclosure Mediation

A group of private lawyers and legal service organizations has petitioned the Florida Supreme Court to require mediation in all new and pending foreclosure cases. This relates to residential, occupied, real estate. The pre-judgment requirement has the potential to save 130,000 Florida homes and help 360,000 Floridians. The Florida Bar News has published a very informative article about this push in their March newspaper. When they say that often the homeowner can't speak to the lender until the first court hearing, I know it's true. It is very frustrating for people working hard to come up with viable solutions but unable to speak to the real decision-maker until it's too late or close to that. Both the lender and borrower have huge potential benefits by making a new deal work and so I hope this Petition gets propelled through the Court quickly.

Remember How It Felt to be a Kid

In the daily grind of life, I try, really try like most folks I know to be a good parent. Sometimes I do OK but no doubt there's a lot of room for improvement. At 39 it is hard to remember what it felt like to be a kid sometimes. So I thought I'd share the letter my daughter gave me a few weeks back as it reminded me of her perspective.

"Mommy I don't want to be mad at you all the time but you need to let me do stuff without you like I can never ride my scooter without you outside. And another thing, I am a kid. I am not a vegetarian and I would like a little bit of meat in my meals. I am a child. I am picky and my taste buds change."

So maybe my cooking could use some updating too, huh!

Happy New Year ... Can I Get Divorced Now?

January tends to be a very busy month for family law lawyers. Many people decide to wait until after the holidays to start the divorce process & some people decide the new year will give them the opportunity to start fresh. Our phones tend to be very busy the first of January with people who are coming in for consultations and for people who have already met with us who are now ready to start the divorce process. I'm always curious as to the reasoning behind why people wait until January to get a divorce. Is January any better than December? If you get divorced around the holidays, does this scar the holidays for you for life? For all of you out there who have waited until January 1st to start your divorce, I invite you to post your comments here as to why you decided now is the time to start the process.

100th Day

So Monday was the 100th day of school. I know because I heard all about it from my Kindergartner. She was so excited. Was she gonna take 100 pretzels or 100 marshmellows or 100 buttons to count? Just so you know, she ended up going with the pretzels. My older child thought there would not be any celebration for her since she's a big kid, in 3rd grade. So she was happily surprised to learn they got to wear cool & crazy "100" shaped glasses and rotate to the other 3rd grade classes just for fun. Meanwhile it just seemed like a Monday here at my office.

Education

Yesterday, my oldest child asked me whether I thought it was better to go to co-ed school or a same sex school. I pondered the question a good while because I am really unsure how I feel about it. I had the opportunity to do both. Most of my schooling I went to public, co-ed schools but I graduated High School from St. Mary’s Episcopal School, which was at the time, an all girls school. I really enjoyed not putting makeup on, worrying about what I was wearing and just going to class to focus on the subject. Even though it was all girls school a lot the girls did still put on makeup and worry about what they were wearing, but not me. I made really good grades that year. But as my daughter asked, "How do you learn to get along with boys if you’re not around them a lot?" Good question, I said. I guess I liked the way I had did it - a little bit of both.

New Court Hours

Effective immediately no hearings are being set that are expected to last after 4:00 p.m. This is to prevent the potential payment of overtime to Court house personnel like our bailiffs and clerks. The budget cuts are clearly having a direct impact on the administration of justice. While this one hour time cut may not seem like much, I think it will really have a big impact. Just yesterday the first date I could get for a 1 day trial was April 28th, more than three months out. While litigants virtually beg for quick resolution of their cases, these cuts, while they may be financially necessary, will slow down the process even more. It will be hard lesson in patience.