SHAME! Using Facebook to Enforce Support

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Child Support on Friday, January 22, 2016.

Arizona’s “Hashtag Governor” announced that his state will start using social media to publicly shame deadbeat parents who refuse to pay their child support.

In Florida every child has the right to financial support from both parents. The Department of Revenue is the state agency responsible for Florida’s Child Support Enforcement Program. In Miami-Dade County, the Office of the State Attorney handles the program.

The Department of Revenue locates parents, establishes paternity, gets support orders and enforces them. Florida wants parents, not the state, to take care of their children. And, if the parents are not paying, we all are paying.

Florida has a number of ways to enforce child support orders:

– contempt of court,

– suspension of driver’s license,|

– property liens,

– Passport suspension, and

– Bank account seizure

There is no statute of limitations on the enforcement of child support and child support arrears. Child support can be enforced after the children are over 18, and even against the estate of a parent after a parent’s death.

Arizona announced a new way to enforce child support orders. Governor Doug Ducey launched a campaign to crack down on “the worst of the worst” parents by posting their names and photos to Twitter and Facebook.

“For too long, you’ve been able to remain anonymous – able to skirt your financial and legal responsibilities with no shame. Not anymore,” the governor proclaimed. Effective immediately, he said, the state would begin posting the photos, names and money owed by “these losers” to social media, with the hashtag #deadbeat.

It’s simple. If you’re old enough to father a child, then you’re old enough to accept financial responsibility for that child. If you don’t want you’re embarrassing – unlawful – and irresponsible behavior going viral: Man up, and pay up,” the Republican governor said.

The governor said the shaming campaign is targeting 421 deadbeats in the state (34 of whom are women) who collectively owe $20 million. “These deadbeats are the worst of the worst,” he tweeted on Wednesday.

I’ve written about child support related issues before, as well as written an article on social media and family law. The collection and enforcement of unpaid child support is a big issue in Florida, and impacts us all.

The Business Insider article on Arizona is available here.

Domestic Violence is Now Illegal . . . in China

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Domestic Violence on Monday, January 18, 2016.

Roaring into the 21st Century, China approved its first law against domestic violence. The law “prohibits all forms of domestic violence” to protect people from abuse in the home.

The new law was approved after a seven-day session of the Standing Committee of the National People’s Congress, and will come into force on March 1st.

In China, “the most heated arguments were over the definition of ‘family member’ and what constitutes “domestic violence.”

Who are Family Members?

Under current law, family members are blood relatives, people related by marriage, and those related by adoption.

The new domestic violence law includes an article that covers “people who live together” for example, guardians and their charges, those living in foster families and people in cohabiting relationships. Cohabiting relationships are not recognized under current Chinese law.

In Florida, “Family” includes people who you are related to by blood or marriage; spouses, ex-spouses, parents, grandparents, aunts, uncles; parties intimately involved and living together but never married; adopted children; step-parents and step-children, and others or a person who is the parent of your child, regardless of whether or not you have ever been married or lived together.

What is Domestic Violence?

In China, the new law defines domestic violence as physical, psychological, or other harm, as well as verbal abuse. Sexual violence has not yet been written into the law.

In Florida, “domestic violence” can include: assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any other criminal offense resulting in physical injury or death.

According to the All-China Women’s Federation, almost 25 percent of Chinese women have experienced violence in their marriage, yet the organization said it receives only 40,000 to 50,000 complaints from women each year.

Until 2001, when China amended its marriage law, abuse wasn’t considered grounds for divorce and violence in the home has traditionally been regarded as a private matter to be dealt with by family members.

I’ve written about domestic violence issues many times. In Florida, as opposed to China, there are four kinds of civil injunction petitions that can be filed:

(1) domestic violence,

(2) sexual violence,

(3) dating violence, and

(4) repeat violence.

Each type has different requirements based on your relationship with the other person, and what occurred.

The China Daily article is here.

Divorce Law Changes: Update

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Divorce on Friday, January 15, 2016.

Florida is not the only state modifying its divorce laws. Illinois is amending theirs to remove the word “custody”. What’s behind the movement to modify family laws around the country?

In Illinois, the changes cover new terminology that reflects recent changes in society, such as gay marriage. For example, husband and wife are now referred to as the more gender-neutral “spouses.” Child custody is now referred to as “allocation of parenting time and responsibility.”

Florida went through something similar in 2008 when it became evident that the adversarial legal system, pitting parent against parent, was unwieldy and unnecessary for large numbers of divorcing parents wanting to reach good agreements about their children.

The effort helped to ensure that children have post-divorce parenting arrangements which promote good social and psychological adjustment.

This year, House Bill 1151 is being reviewed to further revise terminology relating to parents in our laws.

I’ve written about a variety of custody issues before. Florida’s 2008 change in the law eliminated outdated and negative terminology related to divorcing parents and their children in order to reduce animosity among family members and improve the lives for children.

Florida did this by deleting the definitions “custodial parent” or “primary residential parent”, and creating a definition for the terms “parenting plan”, “parenting plan recommendation” and “time-sharing schedule.

“Custodial parent” and “noncustodial parent”; were replaced with references to either term with the term “parent” or “obligee” or “obligor”, and “custody order” or “visitation order” were replaced with “parenting plan” and/or “time-sharing plan”.

In the current legislative session, which started this week, the effort continues to modify our marital and family laws. For instance, there is a bill to reform alimony, the evidence code, and importantly, repealing the criminal code provision which makes it a second degree misdemeanor for any unmarried man and woman to cohabit together.

The legislative session in Florida is underway, and anyone interested in marital or family law should keep their eyes open for what happens in Tallahassee.

The Bellville News-Democrat article is available here.

Speaking Tonight on Expert Testimony

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Divorce on Tuesday, January 12, 2016.

I will be speaking on a panel tonight about expert testimony at the American Inns of Court. The topic impacts every divorce and trial, and includes changes to the Evidence Code, Constitutional issues, the Florida Supreme Court’s triennial review, and a view from the bench.

inns

I’ve written extensively on this topic, and recently published an article about the Daubert amendment, and how it impacted the Florida Evidence Code.

The Legislature has forced Florida courts to join the federal courts and a majority of states in adopting the Daubert standard for the admission of expert testimony and opinions.

There’s a lingering Constitutional problem. The Legislature can enact substantive law, but only the Supreme Court can regulate courtroom practice and procedure.

The trick is that the Evidence Code contains both substantive and procedural provisions. Only the Supreme Court of Florida at this point whether the Legislation violated the separation of powers.

If the Legislative branch encroached on the judicial branch, the changes are subject to a strict separation of powers doctrine review.

The Florida Bar Board of Governors, at its December 4 meeting in Naples, is recommending the Florida Supreme Court to reject the changes. The committee believes the Legislature has crossed the boundary from substantive to procedural issues.

The issue now goes to the Florida Supreme Court. The next scheduled three-year cycle report is due to the Florida Supreme Court by February 1, 2016.

The Inns of Court will be meeting at the Coral Gables Country Club 997 North Greenway Drive Coral Gables, Florida 33134.

The article is available here.

Alimony and Domestic Violence

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Alimony on Sunday, January 10, 2016.

Divorce is not always bad. A woman divorced her husband after he raped her. But she works and he’s unemployed. Should she pay him alimony? A New York court just decided that case.

A Brooklyn man, who’s serving a 40-year prison sentence for raping his abused wife, just lost his request to get alimony payments from her.

The Ex-Husband, claimed he supported his wife throughout the marriage, when she went to school, and paid for the tuition with “hustled cigarettes” and by collecting public assistance.

A Brooklyn Supreme Court Justice found the Husband hadn’t even done that much. Worse, the judge found that the Husband had beat up his wife so many times during their marriage, that she wound up losing her job because of her excessive absences:

He “engaged in extreme acts of physical and sexual violence” against his wife throughout the marriage, and was arrested twice for attacking her.

The judge held:

“To award any portion of plaintiff’s retirement account to defendant, under the facts and circumstances here, would be contrary to the interest of justice.”

I’ve written about alimony a few times, especially now that a bill to amend our alimony laws is at issue. Our statutes currently provide for alimony to be paid under certain circumstances.

In Florida, the court may grant alimony to either party. There are several types of alimony: bridge-the-gap, rehabilitative, durational, or permanent, and any combination of these forms of alimony can be awarded.

Florida courts may even consider the adultery of either spouse and the circumstances in determining the amount of alimony, if any, to be awarded.

Before determining whether to award alimony, Florida courts first make a specific factual determination as to whether a spouse has an actual need for alimony, and whether the other spouse has the ability to pay alimony.

If so, the court has to consider a variety of factors to determine an alimony award. This can include any factor necessary to do equity and justice between the parties.

That appears to be what the New York judge considered when denying alimony to the rapist husband.

The article can be found here.

Speaking Next Week on Expert Testimony

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Divorce on Thursday, January 7, 2016.

I will be speaking on a panel on expert testimony after Daubert. The topic addresses Florida’s changes to the Evidence Code, the pending Constitutional issues, and a view from a sitting circuit judge.

fla-supreme-ct-thumb-450x300-67600

I recently published an article about Daubert. In amending the Florida Evidence Code, the Legislature has tied Florida courts to the Daubert standard used in the Federal courts for the admission of expert testimony and opinions.

Although the amendment became effective in 2013, the changes to the law are still so new, there are less than a handful of appellate decisions which have reviewed the amendments.

A Constitutional issue has arisen. The Legislature can enact substantive law, but only the Supreme Court can regulate courtroom practice and procedure.

The trick is that the Evidence Code contains both substantive and procedural provisions. If the Legislative branch encroached on the judicial branch, the changes are subject to a strict separation of powers doctrine review.

The Board of Governors, at its December 4 meeting in Naples, adopted the recommendation by the Code and Rules of Evidence Committee. They are urging the Supreme Court to not adopt the Daubert amendment to the Evidence Code.

The vote by the Code and Rules of Evidence Committee marks one of the few times it has recommended that a legislative enactment to the evidence code not be adopted.

When the committee does not recommend that action, it is generally because it believes the Legislature has crossed the boundary from substantive to procedural issues.

The next scheduled three-year cycle report is due to the Florida Supreme Court by February 1, 2016.

The article is available on the Florida Bar Family Law Section website here.

Divorce: Can You Change Your Mind?

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Divorce on Monday, January 4, 2016.

To divorce in Florida, the marriage must be irretrievably broken. If you change your mind and want to stay married, can you get un-divorced? New Hampshire just decided that question.

The New Hampshire Supreme Court in December upheld a lower court ruling refusing to vacate a couple’s 2014 divorce after 24 years of marriage.

Terrie Harmon and her ex-husband, Thomas McCarron, argued their divorce was erroneous because they mended fences and are a couple again.

But the New Hampshire justices, in a unanimous ruling issued a few weeks ago, said the law specifically allows them to grant divorces – not undo them.

Courts in some states – including Illinois, Nebraska, Mississippi, Arkansas, Maryland and Kentucky – will vacate divorces within a certain time frame or under certain circumstances, at the parties’ request.

What can you do if you discover your marriage is not irretrievably broken after you filed for divorce? If you do decide not to divorce, your options are limited to where in the divorce process your case is.

Pending Cases

A pending case is an ongoing case in which the final judgment of dissolution of marriage has not been entered. In pending cases, you may be allowed to voluntarily dismiss your case, or possibly abate the divorce proceedings to give your reconciliation a chance.

Post-Judgment Cases

If the final judgment has been entered, as in the New Hampshire case, there are limited ways final judgments can be set aside.

The rules allow for final judgments to be set aside by proving clerical mistakes, other mistakes, newly discovered evidence, and fraud. However, there is no authority for setting aside a final judgment because you’ve reconciled.

As people in the New Hampshire case observed:

“I think it was partly sentimental and partly that they had some business interests that a divorce and remarry would be more complicated than undoing the divorce.”

I’ve written about divorce strategy to consider before. If you want to reconcile after the divorce final judgment has been entered, you should be very wary of what you could possibly lose by reconciling. For example, re-marriage may be grounds for terminating alimony. You must consult legal and tax experts.

There are other planning issues. Retirement, taxes and social security are often times impacted by your marital status. As one of the attorneys in the New Hampshire case put it:

“People just have to be cautious in making sure divorce is what they really want.”

The New Hampshire story is available on WMUR here.

Tips if Divorce Is Your New Year’s Resolution

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Divorce on Thursday, December 31, 2015.

If you are thinking about divorce next year, you aren’t alone. The month of January is sometimes called “Divorce Month.” We typically see an increase in consultations the week after New Year’s.

Whatever the reason, there are a few things that anyone looking into divorce for the first time needs to know to help them through the process and protect their rights.

Exercise

It’s easy to overlook, but the discipline, routine, and act of regular exercise helps you. If nothing else, exercise triggers your brain to release endorphins and serotonin; which makes you feel happy. Studies continually show the emotional and health benefits of regular exercise.

Prioritize

Line up your priorities for life after the divorce. Is it finding a home? Is it retiring? Getting a job? Managing your special-needs child? Consider writing down your most important goals.

Read

As the current Vice Chair of the Florida Bar Journal, I’ve written and published a significant number of articles in professional journals in the area of marital and family law. Try to learn a little about the issues you may potentially face.

Consult

Even if you aren’t certain you need to hire an attorney, or filing for divorce at all, it is a good idea to meet with an expert in Florida’s divorce and family laws. Who better than someone certified by Florida as an expert in marital and family law? We offer free consultations, but even when there is a charge, it is well worth the fee to get accurate information.

Alternatives

Litigation is something to avoid. It’s time-consuming, contentious and expensive. The majority of divorces end up settling. There are many forms of alternative dispute resolution out there, including collaborative divorce, mediation, and informal settlement conferences.

Speed

You want to complete your divorce quickly, if you started it last year. If your case has been dragging, the new year is an opportunity to settle your differences and start your new life.

Network

Making the choice to divorce is hard, and not everyone will be by your side to help you. Start to touch base with your contacts, and go to networking events. Ask colleagues to take a look at your updated résumé.

Update

Consider updating your will, trusts, insurance policies, and any other estate plans.

2016 is going to be a roller coaster. This is especially so if divorce is on your calendar. You can manage this crisis.

Do You Have to Take or Keep Your Spouse’s Name?

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Name Changes on Monday, December 28, 2015.

What’s in a name? A lot. Last week the Supreme Court of Japan upheld the constitutionality of a law requiring married couples to use the same last name after marriage. What about after divorce?

A statute requiring Japanese spouses to choose which single family name – the husband’s or the wife’s – to adopt in legally registering their marriage. The family law dates from the Meiji Era (1868-1912).

96% of couples in Japan choose the Husband’s last name

The plaintiffs argued this amounts to gender discrimination because being forced to choose a single surname infringes on personal dignity and the freedom to marry.

Presiding Justice Itsuro Terada said sharing a single family name is a system “deeply rooted in our society” and is meaningful in that it “enables people to identify themselves as part of a family in the eyes of others.”

Although admitting that being pressured to forfeit a maiden name often works to women’s disadvantage professionally, Terada said such hardships can be mitigated, since women are free to use their maiden names in daily life.

Noting that the law gives couples the freedom to decide which surname to adopt, Terada said it is not discriminatory in itself.

Florida is different.

Just because you’ve married, and decided to change your name, doesn’t mean you’ve officially changed your name, or have to by law.

Before you can change your name after you’re married, you’ll need the original (or certified copy) marriage license with the raised seal and your new last name on it.

In order to change your name after you marry, you will then need to update your name with the Social Security Administration first, and then with the Florida Department of Highway Safety and Motor Vehicles.

Changing your name after a dissolution of your marriage is a little different.

Rather than a marriage license, after a divorce you’ll need a certified copy of your divorce final judgment. Make sure it includes a provision that grants your name change.

If it does, this document will serve as your legal proof of name change. If it is missing, you may need to amend your final judgment or possibly file a petition for a change in your name.

Like a marriage license, your divorce decree lets you change your name, but you will need to notify SSA and the Florida Department of Highway Safety and Motor Vehicles.

The Japan Times article is here.

Relocations: Domestic & International

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Relocation on Thursday, December 24, 2015.

A Mother needs to move away with her child. Do courts apply a different standard if the mother’s relocation is to a different country? A British court just answered that question.

In London, the Court of Appeal handed down an important judgment which makes it clear that there is no reason to differentiate between cases of domestic child relocation and international relocations.

Her Majesty’s Court of Appeal in England, commonly known as the Court of Appeal, is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it.

In the recent case, the Court of Appeal had to consider the proper standards to be applied in cases involving a child relocating within Britain, as opposed to another country.

In the case, the mother wished to move from London to Cumbria, taking her 10-year old daughter with her. Cumbria is about a five hour drive from London, so the move would have a big impact.

The father, who has always had a considerable involvement, opposed the relocation. The CAFCASS officer (sort of a social investigator) assigned to the case recommended against relocation.

The trial court granted relocation, placing a lot of emphasis on the 10-year old’s preference. The court ordered timesharing with the father on alternate weekends between Cumbria and London, plus daily contact by phone, and holidays were divided equally.

Domestic relocation cases and international relocation cases have historically been kept separate in Britain, and the courts approach them differently.

In this case, the court held that the same welfare principles dictate the same result in internal relocation cases as it does in international relocation cases.

In the appeal, one parent argued that should not be the binding legal principle, but the best interests of the child should, irrespective of whether the relocation is internal or external.

Although the problems may be worse in cases of external relocation, serious disruption can be caused to established arrangements in situations of moves within the UK.

I’ve written about relocation many times. Florida’s relocation laws are slightly different. Florida has a multi-factor test the court considers to determine the best interest of the child.

There is no longer a legal presumption in favor or against relocations. Instead, Florida courts have to evaluate several factors such as:

The age of the child

The child’s preference

The reasons for moving

History of drug abuse or domestic violence

Whether they are domestic or international, relocation cases are very emotional, fact intensive, require a lot of work, and are very high stakes.

The court decision In Re C is available here.