Showing posts with label Florida Attorney General. Show all posts
Showing posts with label Florida Attorney General. Show all posts

Thursday

How can we celebrate Freedom with a chain around our ankle?

The 4th of July Celebrates Freedom
Right?

Independence or In-Dependence Day?
Freedom is a word we throw around about the United States. We're free to drive from state to state without inspections.  We're free to go to the church or school we want.  We're even free to marry whoever we want.  And that's where the freedom ends.  Once you are married, the state has a firm grip on your future.  50% of marriages end in divorce.  People change. Depending on the reasonableness of each spouse, the divorce will either be amicable or horrible.  Family law attorneys prefer horrible.  There's much more money to be made! 

So what do we do about it?  Since 2011 we have been working to update Florida's antiquated family laws.  In 2013 and 2016 Gov. Scott vetoed bills that were overwhelmingly supported by the Florida House and Senate.  In 2015 the Florida House did not finish their session and went home early, leaving many good bills to die, including alimony reform.  What is to keep Gov. Scott from vetoing another bill?  Two things.


First, we will support alimony reform and/or child sharing as separate bills, unless we have specific knowledge that the Gov will sign a bill that somehow combines both. We will do our best to check with the governor to see what he will sign and what he won't sign.  Rep. Workman told us last year that Gov. Scott would veto any bill that had child sharing attached to it. And the governor did just that.  Working backwards, we'll help craft a bill that Gov. Scott will sign.


Second, we need a public outcry!  Last year having 10,000 people asking Gov. Scott to sign the bill wasn't enough.  We need 100,000 Floridians to stand up for our families and demand that the Family Court System helps to end a failed marriage without ripping the family completely apart!  The destruction of Florida families is largely due to the existing laws that many Family Law Attorneys use to divide the family and conquer the bank accounts.  Conflict creates great income opportunities for Family Law Attorneys. A mediated outcome without opposing attorneys usually will get the best long term result for the entire family at a fraction of the cost. Most family law attorneys appear to be against this straightforward solution. Wonder why?

So when you see the fireworks, listen to the music, enjoy the hamburgers, hotdogs, potato chips and drinks, enjoy the freedoms we have, but stand up and fight for the freedoms our state took away from us.  If you don't pay alimony to your ex-spouse who is capable but refuses to work, you go to jail. That Is Not Freedom!!!! You have broken no laws, but still go to jail.  Think about it!!

Then get involved! It will be great to celebrate July 4th and be totally FREE! No more ball & chain. The sooner you get involved, the sooner we will all celebrate! 

POINT OF VIEW: Craft reasonable legislation to reform alimony system 


Saturday

Give children as much time with both parents as possible


As a parent, you probably want to make sure that you get to see your child as often as possible after divorce. In many states, it's assumed that parents should share custody, but that's not exactly the case in Florida.

Is shared parenting the law in Florida?

A new Florida law to propose and enact shared parenting time was proposed recently, but the governor decided to veto it. According to the law, permanent alimony would have been ended and shared parenting strategies would have been determined in court. The goal would be to give children as much time with both parents as possible; in many cases, the time would be split as close to equal as it could be.

In the past, it was not uncommon to see women get child custody and for fathers to have visitation only on weekends or holidays. That was particularly common because of the belief that mothers were best suited to caring for their children. That isn't always the way people think today, but the laws in Florida still don't protect fathers by making child custody arrangements based on equal or close-to-equal custody guidelines.

Is shared parenting better for children?

Some would say so, and around 70 percent of the public does support shared parenting overall. Despite the fact that it has a heavy backing, the way the laws work in Florida don't support shared parenting and encourage the courts to break up child custody in whatever way is best suited in the situation, even if that limits a child's time with one parent.

Gov. Rick Scott signs budget, vetoes $256 million in line-itemsFor the second time, lawmakers are sending an alimony overhaul to Gov. Rick Scott, who vetoed a previous attempt at rewriting Florida's divorce statutes three...


Excerpt:

"This is people's lives that we are playing with. We cannot afford to play games with people's lives. We need to think about the real-life consequences of this bill," 

REMEMBER - the last time the Florida Alimony Reform bill was on Governor Scott's desk, he vetoed it.It's now sitting...
Posted by Florida Alimony Reform on Monday, March 14, 2016

And, with 40% of working women out-earning their husbands, women are more and more becoming alimony PAYORS.

FLORIDA’S ALIMONY PAYORS
– ON THE GANGPLANK OR TREADING WATER

As a non-profit organization, Florida Alimony Reform’s lifeboat pulls alimony PAYORS out of treacherous waters by providing education, support and the political platform to stimulate legislative change.
Their mission is to improve Florida’s alimony law memorialized in the 1860’s and slightly tweaked in 2012 – so that both party’s – the potential PAYOR and RECIPIENT of alimony – are equally considered before alimony is awarded and during their lifetime for changes in circumstances.
With a new alimony bill submitted for review to the Florida legislative in September 2015, opposition continually makes alimony a feminist issue – but it seems to be more about who has the most money.
And, with 40% of working women out-earning their husbands, women are more and more becoming alimony PAYORS.
During a recent committee meeting, women testified tearfully about hardships for their children – and while family matters tend to be emotional for men and women, it is important to note that Florida’s Alimony Law has nothing to do with Florida’s Child Support Law.
State seal of FloridaIn addition to increasing the fairness and reducing costs for divorce and alimony proceedings, if passed, the new alimony bill would not be retroactive, and will not result in termination of alimony for senior women, who represent less than 1% of alimony recipients.
The new alimony bill has a lot of support behind it, as Florida’s citizens are PAYORS that must live with the uncertainty of how they can pay – once they no longer can work.
In other words, how the State of Florida should consider changes in their circumstances – for example, when PAYORS are burdened with dramatic drops or complete stops in income, at retirement when social security starts, and when permanent or temporary medical and handicapped conditions arise.
Worse, rarely do the RECIPIENTS changes in circumstances come into play – such as when a RECIPIENT is fully supported by a live-in partner and no longer needs alimony to survive – or when a RECIPIENT is qualified to work but holds off looking for a job because they would lose alimony.
Current law does not afford the PAYOR nor RECIPIENT to plan for the future. If elected officials do not bring some measure of predictability and fairness to the equation, both sides can end up bankrupt when the PAYOR’s income stream ends.
Support Florida Alimony Reform at FixAlimony.com, or call 800-239-0867.


First Husbands Advocacy Group - Florida Alimony and Custody Laws Reform We LOVE and THANK Representative Ritch Workman for all his hard work, determination, and passionate support for Alimony Reform.

This is his speech from the 2015 Legislative Session.

It is powerful, heartfelt, and inspiring. The legislators and the Florida Bar Family Law Section are in agreement about the need for alimony reform. It is long overdue.


On January 12, 2016 the Florida Legislature session begins and we are confident Alimony Reform will finally be a reality. 
There is overwhelming support for Representative Burton's HB 455 and Senator Kelli Stargel's companion SB 668. 


Wednesday

Presumption of equal time-sharing by both parents

Nicholas' Law ~ Affording visitation rights to non-custodial extended family members, particularly aunts and uncles. If you would like to support me and other colleagues in the fight for these rights, you can sign the petition here:

General Bill by Lee  ~  

Family LawRequiring a court to consider certain alimony factors and make specific written findings of fact after making specified determinations; requiring a court to make specified findings before ruling on a request for alimony; creating a presumption that approximately equal time-sharing by both parents is in the best interest of the child; providing that a party may pursue an immediate modification of alimony in certain circumstances; providing that a collaborative law process commences when the parties enter into a collaborative law participation agreement, etc.

Effective Date: Except as otherwise expressly provided in this act, this act shall take effect July 1, 2016

Last Event: 09/17/15 S Referred to Judiciary; Appropriations Subcommittee on Criminal and Civil Justice; Appropriations on Thursday, September 17, 2015 1:54 PM

Friday

What's New(s) in Florida Access to Justice - October 2015








Florida Bar members, judges, paralegals, law students and ANY Floridians seeking legal help, we have big, big, BIG news ...

"Florida Supreme Court Justice Labarga Set to Launch Florida's first Access to Civil Justice Commission on Monday"

The details:

The Commission will study the unmet civil legal needs of disadvantaged, low-income, and moderate-income Floridians. Its work will include a close look at improving existing legal programs, developing solutions based on new technology and exploring other ways to meet the needs of Floridians caught in the current civil legal services gap.

Florida Chief Justice Jorge Labarga will formally sign an administrative order creating the Florida Commission on Access to Civil Justice at a ceremony 10 a.m. Monday in the rotunda of the Florida Supreme Court Building in Tallahassee.

The Commission first was announced by Labarga when he took the oath of office as Chief Justice on June 30. It will be the major initiative of his two-year administration.

Monday’s ceremony will be broadcast live on the Court’s Gavel to Gavel Video Portal (http://wfsu.org/gavel2gavel), on the Florida Channel (http://thefloridachannel.org/), and via the WFSU Florida Transponder satellite downlink for video broadcasters (http://www.wfsu.org/television/services.php).

Visit the Florida Supreme Court's website for more details:  http://www.floridasupremecourt.org/









Wow!!!!!! They tried to stop him from doing this on TV… Just watch you will understand ...
Posted by Tyrese Gibson on Friday, March 7, 2014

Sunday

STANDING ORDER FOR FAMILY LAW CASES ~ FLORIDA

United States Supreme Court to Enact Federal Parenting Plan Legislation

Parenting plan legislation requires or permits the parties to a custody dispute to detail how they plan to allocate decision-making and care-giving responsibilities between themselves. In a very small number of states, they are mandatory. In most states that have adopted this kind of legislation, however, they are voluntary.
Several states have enacted parenting plan legislation.
Recognizing that the adversarial approach to allocating parental rights and responsibilities is a burden on the courts, unhealthy for parents, and detrimental to children’s psychological interests and well-being, some states are beginning to explore alternative methods of dealing with custody issues.

STANDING ORDER BY FLORIDA JUDGE


Grandparents, aunts, uncles and cousins are still part of your life. Even if you're living with one parent, you can still see relatives on your other parent's side. You'll always be a part of their lives, even if your parents aren't together anymore.

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