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.

Halloween

Every year our family travels to a long time friend's home for their annual "Halloween Porch Party." As the name implies the party is on their front porch. Their home, on Main Street in a small town, was built near the turn of the century and has one of those beautiful wide front porches with a hanging swing and plenty of room for all the party goers. My children love this tradition. So do I. This year I will be accompanying a tiger, Cinderella and a cheerleader to the party. I have not finalized my costume plan yet so I cannot share it now. Last weekend my children and I attended another costume party at our church. It was a small party and much more low-key than the one set for this weekend. But have you ever noticed that no matter the reason, kids love the chance to dress up and pretend. They have such incredible imaginations. What a valuable lesson our kids teach us in their total embrace of make-believe and sheer joyful fun play.

Parenting Plans

Effective October 1st new law goes into effect regarding what is commonly referred to as custody. I say commonly because the current legal terms do not provide for that designation but rather for primary and secondary residential care. The new language change will do away with the terms "primary" and "secondary" residential parent. Instead the Court will devise a parenting plan that will address, among other things, the details of the time-sharing arrangement. The idea is to make the legal designation less of a win-lose but rather start with the notion that both parents will work together and then just try to define who will do what when. I think the idea behind the change is noble but I wonder how parents generally will take to it. Even now custody should not be seen as a win-lose and yet sometimes I have people say just that to me. Pinellas County Circuit Judge John Lenderman has provided the local bar associations sample blank plans and I hope to post or link one on this blog in the near future. It is my understanding that even old cases seeking modification if heard after October 1st will be required to submit the parenting plan so it is something anyone involved in this arena needs to look at closely.

Long range planning

For those of you that have taken any Myers-Briggs type personality tests, you know that one of the things they examine is whether you are future or past oriented. I am truly future oriented. That trait spurs me to work proactively evaluating and planning my clients' cases. It also got me thinking last night why, as a nation, we did not see the "energy crisis" coming and plan better. I wonder if we can do better with the global warming crisis that may be around the corner, if not already here. Long range planning can seem complex or unnecessary in our culture used to immediate gratification but I sure think we can do better. Of course, the main planning I will be doing over the next 2 weeks is keeping my eye on those hurricanes out in the Atlantic. I recommend wunderground.com as a good source on the projected computer models.

Speeches

Being a political science major, I have been intently watching all the political speeches at the Republican National Convention this week and the Democratic National Convention last week. The cadence of the delivery is so interesting to me. When I have given speeches or arguments to the Court, I always find the timing difficult to perceive when I am in the midst of it. For those of you who have heard me talk, especially about something I am passionate about, I really zoom. Judges have told me more than one time to slow down so the Court Reporter can get it all down. For me, that task is next to impossible though I have gotten a little better with age, plus I have learned to give the Court Reporter a copy of all my case cites and often my notes beforehand. I certainly admire those gifted at public speaking as well as those that write the lines we remember.

Conversations

As you can tell from my lack on entries for the last month or so, I've been busy. Now my family is finally getting back into the school year rhythm. Though, my youngest one complains daily about the cafeteria noise ("Don't like it Mama") and I feel for her. Unwanted, loud noise has always bothered me though I know it's something she'll just have to adjust to. In time, I have no doubt she probably be the loudest one in there. It is hard to really communicate in that kind of environment. Sort of analogous to communicating with someone when you don't really mean what you say or say what you mean. I have heard from various experts in my line of work that the key to effective communication is doing just that - saying what you mean and meaning what you say. Easier said than done! What about the person who really doesn't want to hear what you have to say? Or the person who would rather just pretend there is no issue to discuss ... the ignorance is bliss type. What if you are trying to talk to a person like that? I still think you have to try. You can only change your own actions, not others, but still trying to connect is kind of the point. So I guess no matter how loud the chatter or how difficult the subject, you still put one foot in front of the other and try. I hope your background noise settles down to a reasonable level and all your conversations are spirited and true.

Back to school

As you all know the school year is almost beginning. I like this time of year. I really enjoy the Staples commercial where the parents are happily skipping down the aisle clearly celebrating the end of the summer vacation period. Not that I don't enjoy the break from kids' homework, the strict bedtime and all the after-school events, but I also like the change back to a defined schedule. Some of my friends may be surprised by this as I can also be very spontaneous but in every day life certainly when it comes to our children, I think that set plans and expectations produce less problems. And I also associate the start of the school year with fall, the coming holidays and my birthday (though that gets less exciting each year). I know the weather here doesn't change yet but just the thought that it will, if only slightly, gives me some hope and at least a mental break from the monotony of the summer heat.