My New Article on Florida’s Child Support Change

By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Child Support on Wednesday, December 10, 2014.

Parents agree to share their children all the time, which is to be encouraged. In 2011, child support deviations based on verbal agreements were prohibited. My new article investigates how and why. Here is an abstract:

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Florida policy is to see that children have frequent and continuing contact with both parents after they divorce or separate and that parents share in childrearing.

Child Support Guidelines historically frustrated this policy and, in fact, discouraged time-sharing. For example, they previously did not allow a child support adjustment unless a parent spent at least 40 percent of the overnights with his or her children.

In Dept. of Rev. ex rel. Sherman v. Daly, 74 So. 3d 165 (Fla. 1st DCA 2011), the Department of Revenue appealed a child support order because it contained a child support deviation for a verbal time-sharing schedule.

In Daly, both parents testified they shared a roughly 60/40 time-sharing schedule. However, they never put their agreement into writing. The First District Court of Appeal held Florida law prohibited the deviation.

After the 2011 Daly decision, a number of parents had their time-sharing deviations taken because they lacked court-ordered parenting plans.

During the recent 2014 regular legislative session, H.B. 75543 was passed and amended §61.30. The new bill revises the circumstances in which a court may deviate from the child support guidelines and adjust child support.

The bill became effective on May 12, 2014, and applies to all actions pending on May 2014 and thereafter.

As amended, §61.30 now expressly allows a court to deviate from the child support guidelines based on time-sharing arrangement exercised by agreement of parents.

The article is available here.

Measles, Mumps and Custody

By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Child Custody on Thursday, December 4, 2014.

Dr. Haider Warraich wrote an opinion piece in today’s Wall Street Journal about a young girl admitted to his hospital with an illness no one could diagnose. What was the illness, and what does it have to do with divorce?

It turns out the mysterious illness was measles. U.S. measles cases hit a 17-year high in 2013 after being eliminated from the country in 2000, thanks to a combination of religious-inspired objections and the spread of vaccine-related conspiracies.

Some parents decline vaccinations as a tenet of their religious beliefs. Other parents fear the risk of serious reactions to vaccines, and some follow the latest Hollywood fad claiming that vaccines cause autism.

I’ve blogged about the interplay of vaccinations and custody before, and I have a new article in the winter edition of the Florida Bar Family Law Section’s Commentator.

Your decision not to vaccinate can also impact your divorce case. In Florida, a court can carve out an exception to shared parental responsibility, giving one parent “ultimate authority” to make decisions.

There are at least two reported decisions in Florida discussing vaccinations and shared parental responsibility. However, the two courts reached different results.

In one case, a Florida court heard the arguments on child immunization, and decided that it would be in the child’s best interest to allow the anti-vaccination Mother to make the ultimate decision.

Ten years later, a different Florida court heard conflicting testimony, and decided it was in the child’s best interest to award the pro-vaccination Father ultimate responsibility to make the final decision.

The decision not to vaccinate your child can have a big impact in society, as the recent measles case proves. The decision not to vaccinate also raises interesting family law issues.

It is important to know what your rights and responsibilities are in Florida, especially when there are conflicting Florida court decisions about whether vaccinations are in your child’s best interest.

Dr. Warraich’s opinion piece in today’s Wall Street Journal can be read here. (Subscriber’s only)

Stress Separation and Divorce

By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Divorce on Monday, December 1, 2014.

Divorce is consistently ranked as one of the most stressful life events. But a new study is showing that dissolving a marriage is not the most stressful, being separated is.

As the Huffington Post reports, a new poll was conducted for the Gallup-Healthways Well-Being Index. The researchers found that those who are separated experienced significantly more daily stress than those who were married or divorced.

According to the study 51% of separated Americans reported feeling stressed the day prior to taking the survey, while only 38.6% of married Americans and 44.1% of divorced Americans claimed to feel the same way.

Dan Witters, author of the Gallup study, reported that divorcees may have boosted well-being levels because they’re not going through the uncertainty and anxiety that come with being separated.

“At least when you get divorced, there’s closure,” Witters said. “You can both move on with your lives, and you can start digging yourself out of that well-being hole that you found yourself in during the during the separation process.”

Separated women, in particular, seem to be the most stressed. They were more stressed than married women by 16% — separated men, on the other hand, were only more stressed than married men by 10.5%. This could be because women usually take a harder financial hit when a marriage dissolves.

Witters also said that, if there are children involved, the kids often suffer as they see their parents splitting up, moving houses or even just struggling to make their marriage work.

“The effects of parenting are going to be pronounced inside of a separated environment,” Witters said. “The kids are typically going to suffer in that kind of environment — how can that not affect the emotional health of the parents going through it?”

Those who are separated were also more likely to turn to drugs or prescription medication, according to the survey. About 29% of separated Americans said they use drugs or other medications, compared to 17% of married Americans — so clearly, all of this emotional stress is taking a toll on the physical health of those going through a split.

“Don’t fall into that trap of thinking that you’re in it alone or what you’re experiencing is unique,” he said. “I think that there can be a comfort in knowing that this is pretty normal and that this is something that most people go through.”

The Huffington Post report can be found here.

Divorce Rates Rising . . . in Iran

By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Divorce on Wednesday, November 26, 2014.

Around the world couples are splurging on divorce parties. It is a sign of an undeniable trend: divorce rates are rising. This angers clerics in Iran. So what’s behind the increase over there?

As Reuters recently reported, Mustafa Pour Mohammadi, the current justice minister, said that 14 million divorce cases within the judiciary is “not befitting of an Islamic system”.

Some of the causes for divorce in Iran, like Florida, include economic problems, adultery, drug addiction or physical abuse. But the increase in the divorce rate has also been linked to a growth in individualism.

Women are more educated and have increased financial empowerment. It used to be that a woman would marry and she would just have to get along. Now if she’s not happy, she’ll separate. It’s not taboo.

In Iran, the government doesn’t like divorce to come from the side of women. Marital law in Iran traditionally favors husbands, who have the right to ask for a divorce.

In the cases where the husband refuses to divorce, the wife must legally prove that the husband is abusive, has psychological problems or is somehow unable to uphold his marriage responsibilities in order to separate.

Another alternative is to enforce the Mahr agreement. I’ve written about Mahr agreements before.

Mahr agreements are common in Iran, are negotiated before the marriage and have two parts: a premarital payment in exchange for marriage vows, and a post-nuptial payment made if the marriage ends in divorce or death. Mahr agreements in Iran are usually based on gold coins.

The rise in the divorce rate worries government officials in Iran because it comes as the birth rate is plunging. Last year, parliament’s social affairs committee proposed that $1.1 billion be dedicated to facilitating marriages but the motion did not pass in parliament.

A more controversial proposal has been to create a Ministry of Marriage and Divorce, which some officials have criticized on the grounds that a new ministry would create more bureaucracy rather than address the overall issue of rising divorce.

The Reuters report can be read here.

Refusing to Accept Alimony?

By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Alimony on Wednesday, November 19, 2014.

Alimony reform should be back on the table in the next legislative session now that the governor election is over. But just because alimony is available, not every client accepts it. A Forbes article explains why.

Suzan French married at 18, soon after had a daughter and found herself unhappily married. “My husband was a nice guy but worked 12 to 16 hours per day. “My marriage allowed me to stay home full-time with my daughter,” says French.

“That was a luxury – not a job. I was compensated. I had a nice home, drove a nice car, had access to a bank account. Asking for alimony would be like asking for a pension for a job I no longer did. It just didn’t seem fair.”

It took her 10 years of attending community college part-time, but eventually she graduated from University of Pennsylvania’s Wharton School. Today, she owns a public relations and marketing company, owns her home and is putting two daughters through college.

“Sometimes if you have too much of a cushion you’re not as aggressive in pursuing your dreams.”

Dana Lin was also a stay-at-home mom for most of her marriage, and like Starrick, admits there was a measure of pride in not pursuing alimony in her divorce, even though she could barely support herself. “I didn’t want anyone to say I couldn’t make it without him.”

Lin pursued her dream of being a screenwriter, today working as a script doctor and ghostwriter. Two years ago with a partner she launched Zen Life Services, which provides stress training management skills to law enforcement employees.

“Living lean taught me to be more disciplined,” she says. “Sometimes if you have too much of a cushion you’re not as aggressive in pursuing your dreams have.”

The Forbes article can be read here.

My New Article on Vaccinations and Custody

By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Child Custody on Tuesday, November 11, 2014.

Every school year, some parents argue over whether to immunize their children. I have a new article just published in the Florida Bar Commentator on how courts review vaccination disputes in custody cases. Here is an abstract.

There are a few reasons parents object to vaccinations. A few objectors assert their individual liberties. This happened in one of the earliest vaccination decisions in our country’s history after Cambridge, Massachusetts required smallpox vaccinations.

Others parents are risk averse to the potential impact of vaccinations. After all, vaccinations can be injections of weakened organisms to produce immunity in humans. Sometimes, things go wrong, and we established the National Vaccine Injury Compensation Program to compensate for vaccine-related injuries or deaths.

Celebrity anti-vaccination campaigns confuse many. People have noticed the irony of Jenny McCarthy speaking out against immunizing children against infectious diseases, yet actively promoting nicotine inhalers for a ‘Big Tobacco’ company, which are increasingly used by middle school and high school aged children.

Primarily though, parents objecting to vaccinations hold deep religious beliefs against immunization. Religion is not an express factor for courts to consider in Florida custody cases. It is interesting how courts balance the highly sensitive issues of custody and religion.

There are two vaccination cases in Florida, and the facts in each were very similar. In both cases, the parents shared custody. Both involved chiropractors involved in their children’s health care. And, in both cases the health care professional parent opposed vaccinations. Surprisingly, the judgment in the two cases came out differently.

The article briefly examines Florida’s parental responsibility statute, including the concept of ultimate authority, the two Florida cases in which the decision to vaccinate a child was an issue brought to trial, and traces the development of religion as a factor in parental responsibility cases in Florida.

The new article can be read here.

Florida Same-Sex Marriage Update – We Have a Split!

By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Same Sex Marriage & Divorce on Friday, November 7, 2014.

The federal 6th Circuit upheld bans on same-sex marriages in four states. Other circuit courts have come out the other way. We now have a circuit split. If petitions for certiorari are filed, we could have a U.S. Supreme Court decision this summer.

I blog about the same-sex marriage controversy a lot. Different states have different laws recognizing same-sex marriages, making the status of same-sex marriages in dispute. This creates interstate chaos. We need the Supreme Court to weigh in.

The Sixth Circuit Court of Appeals decision is important, because it creates a circuit split over the issue. A circuit split makes it much more likely that the Supreme Court will hear the case.

The Sixth Circuit opinion tried to show that laws banning same-sex marriage can meet “rational basis” scrutiny, the lowest level of constitutional review because gays and lesbians are not disenfranchised and are not a politically “powerless” minority.

A dose of humility makes us hesitant to condemn as unconstitutionally irrational a view of marriage shared not long ago by every society in the world, shared by most, if not all, of our ancestors, and shared still today by a significant number of the States.

May men and women follow their procreative urges wherever they take them? Who is responsible for the children that result?

In accepting these justifications for the four States’ marriage laws, we do not deny the foolish, sometimes offensive, inconsistencies that have haunted marital legislation from time to time.

States will hand some people a marriage license no matter how often they have divorced or remarried, apparently on the theory that practice makes perfect.

The traditional definition of marriage denies gay couples the opportunity to publicly solemnize, to say nothing of subsidize, their relationships under state law.

Do the benefits of standing by the traditional definition of marriage make up for these costs? The question demands an answer – but from elected legislators, not life-tenured judges.

What the opinion lacks in persuasiveness it more than makes up for in creating a circuit split that could prompt a grant of certiorari by the Supreme Court and end the uncertainty of status, and the interstate chaos that the current differences in state laws create.

The opinion in DeBoer v. Snyder can be read here.

Halloween Timesharing

On behalf of Ronald H. Kauffman, P.A. posted in Timesharing/Visitation on Monday, October 27, 2014.

The screams this Halloween may have nothing to do with spirits. Sometimes they are the howls of frustration from divorce and separated parents fighting over Halloween timesharing. Children should have a fun night. How can you help?

Diane L. Danois, a Certified Family Law Mediator, Parenting Coordinator, and Co-Parenting and Divorce Coach offers a few tips:

Plan ahead. Communicate with the other parent about what the plans for Halloween are.

Review your Parenting Plan to see if there is a provision for Halloween. The Florida Supreme Court approved parenting plans include a holiday section which expressly discusses Halloween.

Are you and you Ex-spouse available to go trick or treating this year? Is there an opportunity to adjust the schedule? Whatever the final decision, don’t put the kids in the middle or leave it to the last minute.

Sharing Halloween can be fun. If you and your Ex live in different neighborhoods, try to make arrangements to have your children split the evening and trick or treat in both neighborhoods! The kids won’t say, “NO!” to double the candy!

It may be a little awkward to stroll around the neighborhood with your Ex and her new spouse, but think about the message you will send your children: We can put our issues aside for your benefit.

Alternatively, you can split the holiday into separate events. If your situation simply doesn’t allow for co-parenting, think about spending Mischief Night (October 30th) with one parent, and Halloween Night (October 31st) with the other.

You can also split up the Halloween preparation. Shop for costumes together, or carve pumpkins with one parent, and put up fake ghosts, goblins, spiders and other Halloween decorations and then trick-or-treat with the other.

Extend the celebration by sharing photographs of your kids in their costumes to all members of their family! Tweet, Instagram, or Facebook the fun.

If none of the above will really work for your circumstance, and you find yourself planning on a quiet night with the lights off, let your children know that you’re OK!

Don’t amp-up on your own loneliness, or let your children know that you will miss them so much while they’re out trick or treating and you’ll be all alone. Let your treat be giving them the knowledge and comfort that you’re having a fun evening, too!

Lastly, a word of advice: Don’t ask your children with whom or where they would like to spend Halloween. Your kids don’t need or want the pressures associated with having to choose. Assume that under different circumstances, your children would want to be together with both of their parents at the same time… and then work from there.

The article can be read here.

A New Order Impacts Every Dade County Divorce

On behalf of Ronald H. Kauffman, P.A. posted in Divorce on Thursday, October 23, 2014.

A Florida Congressman’s messy divorce is a lot messier. His wife claims he’s not paying for home repairs and cut off her credit cards. Will the new Miami Administrative Order make vengeful tactics a thing of the past?

Dirty tricks, such as cutting off health insurance, chopping up credit cards, and turning off vital utilities, are common events in a divorce.

The Florida Congressman’s wife has been a stay-at-home mother, and has no financial resources to maintain the home. The Congressman’s attorney says:

“If she is a poor housekeeper, that’s her issue, not his.”

In August 2014, the Chief Judge of the 11th Judicial Circuit in Miami-Dade County entered an administrative order impacting every divorce in Miami.

The order imposes new rules which may impact every single new divorce in Miami include the following:

  • Neither party can permanently remove children from their current county of residence.
  • If you have children, the parent with whom the children are not residing should make voluntary payments of child support before entry of an order requiring child support.
  • Parents are ordered to abide by the shared parental responsibility statute.
  • Everyone is required to attend mediation before a final hearing.
  • Everyone is now ordered to refrain from physical, verbal, or any other form of harassment, including by telephone, email, or text messaging at their house or at work.
  • No one in a divorce can conceal, damage, or dispose of any asset, except by written consent of the parties or an order of court.
  • Neither party can cancel telephone, electric, or water and sewer services.
  • Neither party can destroy family records, business records, or any records of income or debts.
  • No one in a divorce can incur any unreasonable debts binding the other spouse.

The new Administrative order is now in effect. It was designed to promote the stability of families going through a divorce, and reduce the number of “emergency” hearings.

The new administrative order is available here.

Lavish Weddings and Divorce

On behalf of Ronald H. Kauffman, P.A. posted in Divorce on Monday, October 20, 2014.

When Chelsea Clinton married Marc Mezvinsky, it is believed their wedding cost $5 million. Jay Z is rumored to have spent $5 million on Beyonce’s engagement ring. Does spending more on your wedding reduce the risk of divorce?

Ironically, a new study shows that your marriage’s duration is actually inversely associated with how much you spend on the engagement ring and wedding ceremony. Two economics professors at Emory carried out a study on over 3,000 men and women.

The professors found that men who spent between $2,000 and $4,000 on engagement rings were 1.3 times more likely to get divorced than men who spent between $500 and $2,000 on a ring.

But there’s more to the study too. In sum, the professors found that:

There is little evidence that expensive weddings and the duration of marriages are positively related.

High spending on the engagement ring is inversely related with the length of a marriage among males.

High spending on a wedding is inversely related with marriage length among females

Low spending on a wedding is positively associated with duration among both males and females.

High wedding attendance and having a honeymoon (regardless of how much it cost) are generally positively associated with marriage duration.

The wedding industry has grown to a $50 billion industry. The average American wedding cost is $29,858.

“In 1959, Bride’s recommended that couples set aside two months to prepare for their wedding and published a checklist with 22 tasks for them to complete. By the 1990s, the magazine recommended 12 months for wedding preparation and published a checklist with 44 tasks to complete.”

The study suggests that the close relationship between divorce and your spending on a lavish wedding and engagement ring could be due to the stress on couples from the debt of their wedding day and ring purchase.

According to the study, if you are going to have a wedding, invite as many people as possible, and take a honeymoon. The study confirms that a big wedding attendance and any kind of honeymoon – regardless of cost – was positively associated with the length of a marriage.

The study can be read here.