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.