Why Would Halle Berry Want to Reduce Her 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 9, 2015.

A parent wants to reduce the child-support paid to the other parent. Sound familiar, but there’s a twist. The paying parent is the mother, and the collecting parent is the father. Welcome to the gender equality frontlines.

As the Los Angeles Times reports, actress Halle Berry has asked a Los Angeles judge in the couple’s custody case to reduce her monthly child-support payments to $3,000 a month from $16,000 a month.

Halle Berry, 48, and Gabriel Aubry, 39, dated for two years before separating in 2010. A court awarded joint custody of their daughter, and they have been embroiled in bitter court – and even physical – battles ever since.

Berry reportedly moved to reduce her child-support payments to the unemployed model to motivate him to get a job. Halle alleges that Aubry is refusing to get a job, driving up his need for support.

Is there a double standard when it comes to a perception of men “living off” women? Think of it in reverse, would a woman collecting a lot of child support from her wealthy celebrity ex-husband be called lazy?

Currently, about 40% of mothers in the United States are their family’s primary earners. This includes nearly a quarter of married mothers – and nearly a third of Americans agree that it is best when the man provides for his family.

How does Halle Berry reduce her support payments when the father is unemployed? If his income is zero, wouldn’t the father have a better chance of increasing the amount of support he pay? The answer is ‘imputation of income.’

A court in Florida may “impute” income to an unemployed or underemployed parent if their unemployment or underemployment is found to be voluntary on that parent’s part. However, the statute has restraints on imputation.

Besides imputation, and gender equality, Halle Berry’s case raises other matters. For instance, paying the ex-boyfriend $16,000 a month is a lot of money to spend on a 6-year-old who only spends half her time with her dad.

Court records show some extravagant lifestyles for the children of the wealthy. For example, actress Kirstie Alley’s ex-husband argued he and Alley provided their children with a $10,000 rocking horse and threw annual Halloween parties costing between $20,000-25,000.

I recently published an article in the Florida Bar Journal on Florida’s child support guidelines. Calculating support for wealthy parents is an area that the child support guidelines don’t handle very well.

Halle Berry’s cases raises interesting issues: the right amount of child support, is child support a subsidy for parents who can work and gender equality.

The Los Angeles Times article can be read here.

Florida Same-Sex Marriage Update

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Same Sex Marriage & Divorce on Tuesday, January 6, 2015.

Yesterday, Florida became the 36th state to allow same-sex marriages . . . sort of. Judge Sarah Zabel authorized the Dade County Clerk to start issuing marriage licenses forthwith to same gender couples.

I’ve written about the same-sex marriage and divorce legal changes in Florida often. Harvey Ruvin, the Dade County Clerk, asked Judge Zabel to clarify and expedite the earlier order delaying marriages.

Lawyers for same-sex couples had also asked the judge to let marriage licensing begin. The state offered no resistance. Judge Zabel then personally performed some of the first weddings at the courthouse.

Elsewhere, a judge in Key West ruled that licenses could be issued in Monroe County after midnight Monday. Judge Luis M. Garcia lifted an earlier postponement order, as of midnight Monday – the point at which a similar order by U.S. District Judge Robert Hinkle was due to expire.

Judge Garcia noted that both the U.S. Supreme Court and the 11th Circuit previously turned down requests by state officials to keep same-sex marriage licensing on hold pending appeal.

The law of the land in Florida is that the ban on same-sex marriage is unconstitutional and cannot be enforced further.

Without the prospect of any further pleas to higher courts for delay, the issue appeared to be settled – at least in terms of marriage licensing and actual marriage ceremonies – in Florida.

Licenses are expected to be issued by other clerks across the state this morning, under an order by a federal trial judge.

Same-sex marriages already are legal in California and New York. But Florida is the first state that will allow same-sex marriages even though there is no state-wide binding ruling by either a federal or state court.

There is still a pending appeal filed by the State of Florida with the U.S. 11th Circuit Court of Appeals, and they are still considering the appeal filed in a pair of federal cases. The briefing has been completed, but no hearing date has been set.

The Florida Attorney General, who first tried to delay licensing for same-sex prospective spouses, announced she would no longer prevent Florida’s county clerks from issuing the licenses.

The U.S. Supreme Court is scheduled to consider five new cases at its private conference this week. But as Scotusblog reports, it is not yet clear whether the Court will announce any actions on Friday on cases considered at that Conference, or will instead wait until the following Monday, when it returns to public sittings following a winter recess.

More can be read here.

Divorce and College Tuition

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Divorce on Monday, December 29, 2014.

Can you be forced to pay for your child’s college tuition? Two divorced New Jersey parents recently found out they have to pay for their adult daughter’s tuition at Temple University. Why?

As the New York Daily News reports, Temple University junior Caitlyn Ricci sued her parents for tuition money in 2013. Last week, a New Jersey judge ordered the divorced couple to pay $16,000 every year the 21-year-old is enrolled in classes.

The judge relied on Newburgh v. Arrigo. In that landmark case, the New Jersey Supreme Court ruled divorced parents may be responsible for providing for their child’s “necessary education.”

In New Jersey, the law presumes that the privilege of parenthood carries with it the duty to assure a necessary education for children. Necessary education is a flexible concept, can vary in different circumstances, and may include college tuition.

The Ricci parents reportedly are estranged, and threw Caitlyn out of their house because she refused to accept house rules like doing chores and a curfew.

They tried reaching out to her after she moved to her grandparents’ in by sending cards, pictures, and poems, but got no response. The only time the parents have seen Caitlyn Ricci is in court.

Caitlyn sued her parents in 2013 soon after she moved out of her mother’s house. A New Jersey judge ordered the parents to help with tuition so long as she applied for all possible loans and scholarships. Her parents claimed she didn’t apply, so they refused to pay.

Last summer, she transferred to Temple University in Philadelphia. When she brought the case back to court, the tuition bills were a lot higher. The judge set the parents’ annual payment at $16,000.

The parents said they will only pay the tuition bill if their daughter makes an effort to reconcile the broken relationship. She still refuses to return messages and won’t look at them even in court.

Florida law does not follow New Jersey’s “necessary education” concept. In Florida, a parent’s duty to pay an adult child’s college expenses is moral rather than legal.

When parents in a divorce agree to educate their child after the child reaches 18, the agreement may be enforced. However, the obligation is not viewed as child support in Florida, but a contractual duty arising from the marital settlement agreement.

The New York Daily News article is here.

Making Holiday Timesharing Easy

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Timesharing/Visitation on Wednesday, December 24, 2014.

For many people, the holidays are not always happy times. In my experience, the holiday season is a stressful one for people with custody and timesharing obligations.

This year is shaping up to be no different than other years. As the Washington Times reported:

Believe it or not, most attorneys would rather enjoy the holidays with our own families than rush into court to file emergency legal documents for stressed out clients during the season.

Due to the recent court cutbacks, emergency filings are an even greater strain on everyone. This is the time to think ahead, anticipate and solve problems so you can enjoy your holiday season with minimum stress for you and your children.

Here are a few tips for parents to lower or prevent your divorce ruining your holidays or bank account:

Look at the timesharing schedule in your agreement or final judgment. Become familiar with specific holidays, dates and the times the kids are supposed to be with you, or the other parent.

Send a nicely worded confirmation email of the holiday schedule to the other parent to avoid disagreements early on.

Be flexible. Relatives can make special visits during the holidays, and it might be the only time of year seeing the children is possible. Fostering relationships with extended family is considered in the children’s best interest.

If your divorce is ongoing, spending the holidays with your soon to be ex and his or her family is way too much stress right now. After the wounds heal, think about taking the high road and sharing a holiday instead of splitting or alternating one.

A little pre-planning and communication can save you a lot of emotional and financial expense.

This is a special time of the year for children and parents. The weather has cooled, kids are on vacation, and work may have slowed for you. Try to make it the best time of year.

Florida Same-Sex Marriage Update

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Same Sex Marriage & Divorce on Monday, December 22, 2014.

Florida may recognize same-sex marriages and divorce beginning on January 6th. That’s because the U.S. Supreme Court refused to delay a lower court’s finding that Florida’s ban on same-sex marriages is unconstitutional.

The Supreme Court rejected the Florida Attorney General’s request to keep a district court judge’s stay order, which would have continued to stop same-sex couples from marrying. By denying the request, the Supreme Court cleared the way for gay marriages to begin.

The Supreme Court issued its order last Friday, in a short statement:

The application for stay presented to Justice Thomas and by him referred to the Court is denied. “Justice Scalia and Justice Thomas would grant the application for stay.

The stay order began in a ruling by U.S. District Judge Robert L. Hinkle, which I blogged about in August. Judge Hinkle ruled that Florida’s 2008 ban on same sex marriages is unconstitutional.

But as in many similar cases, Judge Hinkle stayed his own ruling to give the Attorney General time to appeal. That stay order is set to expire at midnight on January 5th.

Florida asked for longer stay in the 11th Circuit Court of Appeals, the federal appeals court which covers Florida, Georgia, and Alabama. But a three-judge panel declined to prolong the stay.

Neither the 11th Circuit nor the Supreme Court has ruled on the merits, and the Attorney General has expressed “confusion” over whether all 67 counties will issue marriage licenses to same-sex couples before appeals are settled.

The American Civil Liberties Union of Florida said it expects the state to fully recognize same-sex marriages once the stay order expires.

If the stay order expires, Florida would become the 36th state to recognize same-sex marriages. However, Florida filed an appeal with the 11th Circuit. That court has yet to hear, or schedule a hearing on, arguments on the merits.

CNN covers the issue here.

Whooping Cough and Custody

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Child Custody on Wednesday, December 17, 2014.

California just announced a pertussis (whooping cough) epidemic. The overall incidence has increased as more people apply for vaccine exemptions. I have a new article on vaccination disputes in child custody cases.

A total of 9,935 cases were recently reported to the California Department of Public Health, the highest number in 70 years. Already, one infant has died from the disease, and cases are reported in schools across the state.

The California Department of Public Health recommends the pertussis vaccine (Tdap), but many parents object to vaccinations. Some objectors assert their individual liberties. Some parents are risk averse to the potential impact of vaccinations. Celebrity anti-vaccination campaigns confuse many, and some parents 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.

My new 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.

Holiday Timesharing – Problem Free

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Timesharing/Visitation on Monday, December 15, 2014.

Holidays are stressful. The ringing you hear in family law firms is not sleigh bells, but telephones calls from angry clients fighting over timesharing, holidays, vacations and gifts.

Believe it or not, most attorneys would rather enjoy the holidays with their own families than rush into court to file emergency legal documents for stressed out clients during the holiday season.

Due to the recent court cutbacks, emergency filings are an even greater strain on everyone. Before the holidays arrive is the time to think ahead, anticipate and solve problems so you can enjoy your holiday season with minimum stress for you and your children.

Here are a few tips for parents to lower or prevent your divorce or separation from ruining your holidays or draining your bank account:

Look at the timesharing schedule in your agreement or final judgment. Become familiar with specific holidays, dates and the times the kids are supposed to be with you, or the other parent.

Make your holiday and travel plans in advance. Send a nicely worded confirmation email of the holiday schedule to the other parent to avoid disagreements early on.

Be flexible. Relatives can make special visits during the holidays, and it might be the only time of year seeing the children is possible. Fostering relationships with extended family is considered in the children’s best interest.

If your divorce is ongoing, spending the holidays with your soon to be ex and his or her family is way too much stress right now. After the wounds heal, think about taking the high road and sharing a holiday instead of splitting or alternating one.

A little pre-planning and communication can save you a lot of emotional and financial expense. This is a special time of the year for children and parents.

The weather has cooled, kids are on vacation, and work may have slowed for you. Try to make it the best time of year.

An article with similar advice is available at WebMD here.

My New Article on Florida’s Child Support Change

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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

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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

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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.