Child Support

Child support is one of the most critical and divisive issues among divorced parents. Particularly during these difficult economic times, child support can be a huge financial burden even for parents who love and cherish their children. It is well settled law throughout the United States that both parents are obligated to provide for their children. Every state has a slightly different method for calculating child support. In some states child support is calculated on a case by case basis decided by the judge. In other states there are guidelines, worksheets, and formulas that must be strictly applied.

The federal law that is used to enforce child support is called the Uniform Interstate Family Support Act (UIFSA). This is often referred to as a long arm statute, where one state can enforce a court order in another jurisdiction. For example, if a child support order is entered in Florida, it can be enforced in Georgia or any other state through UIFSA. Under the federal law, each state is required to recognize another state's child support order. It isn't necessary to formally transfer jurisdiction of the family law case to the other state for the other state to enforce it. However, in order to modify child support a state must accept Continuing Exclusive Jurisdiction (CEJ). The CEJ usually follows the child's residency. The state that will accept jurisdiction is usually the state where the child has resided for at least six months immediately prior to filing the petition to modify child support.

Methods of Enforcement

Different states have different methods of enforcement. Among others, sanctions and enforcement methods may include: income tax refund capture; bank account levy; driver's license suspension; and passport denial or revocation. In many parts of the United States, loss of liberty is a very real possibility for anyone who refuses to pay child support. A finding of civil contempt can land a non-payor in jail until he or she comes up with at least a portion of child support arrears. This portion is often called a “purge” and is often 25% of the total amount owed, but can be any amount a judge decides is required.

In addition to state remedies for refusal to pay child support there is also a federal remedy. According to this federal law, failure to pay child support, if willful, is a crime when the parent owing support lives in a different state than the parent who is supposed to receive the support. The purpose of the Federal Child Support Recovery Act was to prevent a parent from moving to a different state or a foreign jurisdiction to avoid paying child support.

The penalties available for child support enforcement under the Child Support Recovery Act include prison sentences, fines and restitution. A first offense under the Federal Child Support Recovery Act can result in a prison sentence of up to six months plus fines. A second conviction can result in more jail time and greater fines. Probation can be imposed and can include conditions such as the payment of child support and mandatory employment. A violation of those probation conditions can result in additional prison time.

Controversies

It is easy to accept that as a matter of public policy, parents should support their children. But what if a parent is ordered to pay child support, but is not able to pay? And, even though child visitation and child support is supposed to be separate, what if the parent obligated to pay support is prevented from seeing the child? Do the penalties for nonpayment do anything to help the children in the long run? How does putting daddy or mommy in jail help? What about the unwed father who never wanted to have the child to begin with? Or worse, what about the unwed father who never knew he even was a father until he was served with a complaint for child support?

As always your comments are welcome. Thank you for reading.

Protecting Tenants at Foreclosure Act of 2009

Ever since boom went bust, residential tenants have suffered as collateral damage. Many Florida families have become suddenly homeless through no fault of their own, when their landlords lost their rental homes to foreclosure. Imagine. It's the middle of the month. You paid your rent on the first. You just paid your utilities. The kids are happy in school. You're getting settled into a new job. Finally! And then the sheriff comes to the door and tells you that you have 24 hours to move.

 

It happens everyday. It isn't supposed to happen anymore, but it does. The not so new federal law, Protecting Tenants at Foreclosure Act of 2009, has upset long standing practice that foreclosure will almost always extinguish an existing lease. Some states, being proactive, began enacting legislation that would offer tenants protection prior to 2009. Not so in Florida. Florida has not been able to enact a single new law that would protect tenants in foreclosure. Several bills died in committee. Nothing has been accomplished. 

  

If a residential tenant does not have a lease and the property goes into foreclosure after he moves in, the tenant has 90 days to leave the property. If the tenant has a lease and the lease went into effect before the foreclosure began, before the lis pendens, was served, the lease remains in full force for the entire remaining time on the lease.

 

SEC. 702. EFFECT OF FORECLOSURE ON PREEXISTING TENANCY.
(a) In General- In the case of any foreclosure on a federally-related mortgage loan or on any dwelling or residential real property after the date of enactment of this title, any immediate successor in interest in such property pursuant to the foreclosure shall assume such interest subject to--

2. the rights of any bona fide tenant, as of the date of such notice of foreclosure--
   (A) under any bona fide lease entered into before the notice of foreclosure to occupy the premises until the end of the remaining term of the lease, except that a successor in interest may terminate a lease effective on the date of sale of the unit to a purchaser who will occupy the unit as a primary residence …
   

(B)(b) Bona Fide Lease or Tenancy- For purposes of this section, a lease or tenancy shall be considered bona fide only if--
(1) the mortgagor or the child, spouse, or parent of the mortgagor under the contract is not the tenant;
(2) the lease or tenancy was the result of an arms-length transaction; and
(3) the lease or tenancy requires the receipt of rent that is not substantially less than fair market rent for the property or the unit's rent is reduced or subsidized due to a Federal, State, or local subsidy.

SEC. 704. SUNSET.

This title, and any amendments made by this title are repealed, and the requirements under this title shall terminate, on December 31, 2014.

In researching this issue, I could not find any Florida cases that relied on the PTFA. At first, I couldn't understand why, and imagined that it is only because the system is slow to respond to new laws. However, I found an article by Tony Guo (2011), “Tenants at Foreclosure: Mitigating Harm to Innocent Victims of the Foreclosure Crisis”. He states: “However, since the passing of the federal legislation in 2009, Florida's reaction has been one of minimum compliance, and has not been particularly tenant friendly.” (Guo:23).

If you don't know your rights, you don't have any.

RELAUNCH - site, courses, and start-up package.

We, at The Florida Association of LegalDocument Preparers (FALDP) are proud to announce exciting changes throughout our organization. We have refined and redesigned our courses in anticipation of our site-wide RELAUNCH. Many legal document preparers spend years in paralegal studies programs only to discover, upon graduation, that there are no paralegal jobs available. Or, even worse, many discover that the paralegal jobs that are available don't pay enough to justify their years of academic training. So, many would-be paralegals discover that its time to use their entrepreneurial skills and open up shop as legal document preparers. As small business owners they soon discover that they are their own favorite boss of all time. Once their legal document preparation business takes off -- they never look back.

We've added value to our popular Turn Key Business Bundle. Our start up package now includes even more tools to help you build a successful business. We have worked long and hard to develop a business start-up package for a legal document preparation business.

Turn Key Business Bundle

$878.00 Value for Only $499.00

• A Limited Liability Company, documents prepared and ready to file with the state - $89.00 Value

• One year Premium Membership into FALDP - $65.00 Value

• Online Course - Introduction to Florida Legal Document Preparation - $99.00 ValueOnline Course - your choice - Preparing Florida Divorce Documents; OR Bankruptcy Chapter 7; OR Living Trust & Estate Planning Documents – up to $220.00 Value

• A custom website and top-level domain - a $330.00 Value
• One month of unlimited mentoring – a $50.00 Value

• A press release written for you to announce your new company - priceless.

• Marketing - our Gorilla Baby package, two weeks internet advertising on eight of the most popular online portals - $25.00 Value.
  

                                  Online Courses - Descriptions

Our courses can be part of the Turnkey Business Bundle or taken one at a time. They are targeted primarily towards legal document preparers who want to increase their business income by adding services. People who are new to the industry and want to learn how to prepare Florida legal documents must begin with the INTRO course. Likewise, people who are coming in from other states, even those with experience, must enroll in the INTRO course before joining our association. Consumers are also invited to take our courses.

INTRO to Florida Legal Document Preparation - $99.00 (INTRO-310)
Preparing Florida Divorce Documents - $220.00 (DOM - 202)

Living Trusts & Estate Planning - $99.00 (LT - 312)
Bankruptcy Basics – Chapter 7 Personal Bankruptcy - $149.00 (BK – 127)

Free Basic Membership with paid tuition for INTRO -310 – a $40.00 Value. This special membership fee, for new members only, is available until December 31, 2012. So hurry. All memberships renew on June 1.

Introduction to Florida Legal Document Preparation (INTRO) discusses the legal document preparation industry - including business structure, name choice considerations; and various business models and structures . No prior paralegal training is required. INTRO also stresses compliance and avoiding the unauthorized practice of law (UPL).There are required assignments, but no exam. INTRO is mandatory for inexperienced document preparers, and for document preparers relocating to Florida from other states, who seek FALDP membership. Tuition - $99.00

Preparing Florida Divorce Documents (DOM -202) is a nuts and bolts course based on Florida Supreme Court approved forms for pro se litigants. Each of the different types of divorce situations is discussed. Upon successful completion, students receive a Course Completion Certificate. Entirely self-paced, students work around their own work and family schedules. Tuition - $220.00

Living Trusts and Estate Planning (LT-312) is appropriate for both document preparers and consumers. For a limited time, consumers who purchase a Living Trust document package through our site, after successfully completing LT-312, will be rebated 100% of their tuition. We know that informed consumers are the best customers; we strive to help consumers make informed decisions. We offer a revenue sharing plan for FALDP members who successfully complete LT-312. - $99.00

Bankruptcy Basics - Chapter 7 Personal Bankruptcy (BK-127) shows consumers and document preparers how to start over with a clean financial slate. This foundation course introduces learners to bankruptcy terminology; types of bankruptcy; eligibility; Florida exemptions; means test; and do's and don'ts for Bankruptcy Petition Preparers. BK-127 is completely self-paced, and is appropriate for consumers and legal document preparers. Tuition - $149.00

Due to the dismal economy many consumers cannot comfortably afford attorneys fees for routine legal matters. The services of legal document preparers are becoming increasingly more acceptable as our industry gains credibility. The services of legal document preparers are now considered a “perfectly acceptable legal solution” rather than just a good enough, or, better than nothing, legal solution.


Whether you are new to the legal document preparation industry or want to expand your services, the Florida Association of Legal Document Preparers is here to help. Registration for our online courses is open. Please visit:  http://www.faldp.org/

Call today - Toll Free

800-515-0496

                                                          
We, the members of the Florida Association of Legal Document Preparers, deeply believe that it is the right of all American consumers to have access to the legal system, regardless of income or education. It is our mission to deliver well researched legal information to consumers.

The FALDP mission embodies our quest and our goals. We offer legal information; and document preparation assistance. We hope that by educating consumers about their legal rights -- we will have done our part to give others hope.

The FALDP mission is a journey. We have only begun, there is much to do. We hope that the confidence gained through education and knowledge will empower consumers, so they may have a fighting chance to enforce or pursue their rights in a court of law.

How do you measure your life?

“Everything that can be counted does not necessarily count, and everything that counts cannot necessarily be counted.” 

Albert Einstein.

I've been reading the happiness studies. The AARP has one, and so does Harvard. AARP's study says that middle age is the least happy time in your life – happiness is a U-shaped curve which bottoms out during middle age. I suppose the upside is that there is an upside and happiness increases as we age. Good to know. The Harvard study contends that happiness and money are correlated, and that we need around a $75,000. annual income to be happy. I can understand that there is some sort of financial benchmark that can help measure happiness. I believe, however, that it is not so cut and dried. After all, one person is flush with a 75k income, and another is broke. All relative.


Carl Jung said that the more we pursue happiness, the less likely we are to find it. I don't agree with that statement. I think that if you don't pursue a goal, you're unlikely to reach it. So, in my opinion, we're best off, actively pursuing happiness. I agree, though, with Jung's short list of happiness factors:

1. Good physical and mental health.
2. Good personal and intimate relationships, such as those of marriage, the family, and friendships.
3. The faculty for perceiving beauty in art and nature.
4. Reasonable standards of living and satisfactory work.
5. A philosophic or religious point of view capable of coping successfully with the vicissitudes of life.

All of these ring true to me, except for being a bit too general. If our physical and mental health decline as we age, how is it that we are generally happier as we age? The only mention of economic factors relating to happiness is - “Reasonable standards of living”. I think that statement is more true than trying to pin down an actual amount. Income and standard of living are both relative to a community; and subjective as to whether the income and comparison are personally satisfying.

Here are some of my happiness factors:

Freedom from want – picture the Norman Rockwell painting inspired by FDR's speech.
The privilege of being self-directed – I am my own favorite boss.
The opportunity to make a positive contribution to someone's life – the rewards surprise me.
Spending quality time with friends and family – thank you.
Sharing my gratitude – thanks again.

Having outlets for self-expression and creativity – I write, create websites, and in business - make something from nothing -thoughts are things.

Dr. Clayton Christensen, a professor at Harvard Business School recently co-wrote, “How Will You Measure Your Life?”, a book which applies business management theory to our personal lives. The take away value appears to be (and no I haven't read it yet … I'll follow up if anything changes) – first of all, don't measure your happiness by your paycheck. That's what I'm saying too. That's a fool's game – he who dies with the most toys wins – but you're dead so who cares if you have the most toys! To a point, I'm a throwback to the sixties when it was commonplace and perfectly acceptable to measure your life by your intrinsic factors – your inner goals, and spiritual motivations.

According to “Why Seeking More Money Hurts Happiness” an excerpt from the U.S. News Ebook - “How to Live to 100” - “People pursue life goals that reflect different mixes of what social scientists call intrinsic and extrinsic motivations. "The intrinsic factors are about personal growth and self-knowledge, connections and social intimacy with other people, and wanting to help the human community for altruistic reasons," says Kennon Sheldon, professor of psychology at the University of Missouri. Extrinsic goals, he says, are about 'money, luxury, appearance, attractiveness, status, popularity, looks, and power.'"

From all of these theories, I have gleaned some important ideas. One is that relationships matter. We're not happy isolating ourselves from others, or letting our key relationships go untended. We also need a plan to achieve happiness. We know that we need a certain standard of living to be happy. How are we going to get there. And what about satisfactory work?

I'm lucky in the work that I do. It is a calling. I find the creative aspects of building and running my business endlessly intriguing. The personal reward in helping others is extraordinary. I would never have believed this in myself. I'm not a world saver. I am ever grateful that I fell into this business due to a horrible marriage that literally nearly killed me (not my son's dad). When I returned to school after that fiasco, my intention was to attend law school after completing a B.A in Legal Studies. Family circumstances prohibited me from moving; and there is no law school in Daytona. I am now ever grateful that I did not attend law school. I was lucky to fall into this occupation. How do you measure your happiness? Comments welcome.

Vision or Mirage?

The following is displayed on the Florida Supreme Court's website:

Mission of the Florida Judicial Branch

The mission of the judicial branch is to protect rights and liberties, uphold and interpret the law, and provide for the peaceful resolution of disputes.

Vision of the Florida Judicial Branch

Justice in Florida will be accessible, fair, effective, responsive, and accountable. To be accessible, the Florida justice system will be convenient, understandable, timely, and affordable to everyone.

To be fair, it will respect the dignity of every person, regardless of race, class, gender or other characteristic, apply the law appropriately to the circumstances of individual cases, and include judges and court staff that reflect the community's diversity.

To be effective, it will uphold the law and apply rules and procedures consistently and in a timely manner, resolve cases with finality, and provide enforceable decisions.

To be responsive, it will anticipate and respond to the needs of all members of society, and provide a variety of dispute resolution methods.

To be accountable, the Florida justice system will use public resources efficiently, and in a way that the public can understand.

Do you believe that Florida's judicial branch makes a continuing and diligent effort to realize the vision? I have my opinion. I want to hear yours. Please comment.

Florida Permanent Alimony – Permanent. – Really?

I'm not the first to be outraged, and not likely to be the last. The courts continue to award permanent alimony, almost always in favor of the former wife. Theoretically, a former husband could be awarded alimony, but I am having a hard time locating any of those cases. Until recently, I was under the impression that alimony was an archaic system that was rarely used in our enlightened modern times. It turns out that it is an archaic system, still alive and well in 2012 Florida. In fact, it amazes me that women would even want permanent alimony, after fighting so hard for equality.

The good news is that women are no longer considered chattel. Chattel, derived from old French, for (you guessed it!) – cattle. Chattel means property. In colonial times, women had few rights of their own. Their rights varied from state to state, with some of the New England states the most progressive. Up until women won the right to vote, many of the following laws remained in full force and effect:

Women were denied a separate legal status from their husbands.

A husband and wife were considered one person under the law and that one person was the husband.

Women were denied rights of inheritance.

Women were denied the right to own property in their own right.

Men could be compensated for the loss of a wife due to another man's negligence.

Men paid a bride price to the parents of his wife in the same way he purchased livestock.

Even after women won the right to vote, it still took some time to get past some of the customs and mind-sets surrounding women, and women owning property. Thankfully and formally, the doctrine of necessaries, and coverture have long been laid to rest. The doctrine of necessaries held that husbands were responsible for their wife's debts. The idea that a husband was responsible to third parties for the debts of his wife, was abolished in many states, including Florida, based on equal protection grounds. Some states have made both parties in a marriage responsible for the debts of the other spouse and so there is no burden on the husband – the rule is gender neutral.

Coverture was at common law the idea that a woman's identity was merged with her husband. She could not own property; enter into contracts; or establish her own credit. Coverture created the need for the doctrine of necessaries because a married woman was dependent upon her husband for maintenance and support. These systems sound so very ancient to us now. But they are not as ancient as you might think and the vestiges remain. Florida Constitution Article 10, Section V - states:

“There shall be no distinction between married women and married men in the holding, control, disposition, or encumbering of their property, both real and personal; except that dower or curtesy may be established and regulated by law.”

The Florida legislature abolished dower and curtesy with – Florida Statute – 732.111 —Dower and curtesy are abolished.

The terms Dower and Curtesy refer to provisions under the English common law and early American statutes granting widows and widowers special inheritance rights in the separate property owned by their deceased spouses. In addition, married women suffered severe burdens and limitations in dealing with their separate property. The significance of these doctrines at present is only part of the historical background of marital property rights.

Florida Statutes Sections 732.201-215, provide the surviving spouse of a person dying domiciled in Florida on or after October 1, 1973, with the right to a share of the decedent's estate, equal to 30% of the net fair market value on the date of death of all Florida Real Property which is subject to administration. Such right is known as the "Elective Share", and replaces all former spousal claims in the nature of dower and curtesy.

Curtesy - An estate to which a man is entitled by common-law right on the death of his wife, in all the lands that his wife owned at any time during their marriage, provided a child is born of the marriage who could inherit the land.

Alimony, particularly permanent alimony is a throw back to old customs. Admittedly, traditions die hard. Despite great strides, women have not yet achieved economic equality to men. According to the Bureau of Labor Statistics (BLS) –

“In 2010, women who were full time wage and salary workers had median weekly earnings of $669. Women earned 81% of the weekly earnings of their male counterparts - $824. In 1979, the first year for which comparable earnings data are available, women earned 62% of what men earned. The women-to-men's earnings ratio has been in the 80-81% range since 2004.”

I can see certain situations where alimony is appropriate. If either the husband or the wife stayed home for years raising children, and needs time to re-enter the job market – fair enough. Temporary, or rehabilitative alimony are available for these situations. I can even imagine certain situations when permanent alimony is appropriate. If one of the parties stayed home their entire married life to raise children; or if that party not only stayed home to raise children, but is also disabled; or did not stay home the entire time, but only half of the marriage, but spent the working time putting the other party through school and paying all the bills, then ok.

But when you hear the stories of the men in nursing homes having their social security checks garnished for alimony – come on. I have to wonder what became of that former wife's self respect, not to mention her humanity, that she would accept those alimony payments. And I also have to wonder how collecting permanent alimony can help a woman ever achieve economic equality. Fair is fair.

Legal accessibility - Guest Blog by Sharon Hoffmeyer

I always knew there was a problem with people being able to access the legal system without assistance of an Atty.  However it was not until it happened to me that I realized the extent of the problem.  The shocking part for me was that I have legal training.  I learned from my ordeal that I have more knowledge than some clerks at the courthouse.  I live in Jacksonville Florida the site of a new three hundred fifty million dollar courthouse.  This courthouse underwent its own trials and tribulations from being over budget and plagued with design problems.  For $350,000,000 we have a courthouse that is not 100% compliant with the Americans Disability Act and whose opening was delayed because the building could not pass fire inspection.

After filing my divorce petition on July 26, 2012, I realized that the problems are deeper and affect a far greater number of people than those touched by design or by ADA non compliance.  If you are the person that does not have the money to hire an Atty.  then you are, in essence, locked out of the courthouse.  When I filed my paperwork it was complete and correct.  Included in the paperwork I filed an Emergency Motion for Temporary Needs.  This means that I was asking the court to give me a hearing as soon as possible to establish child support and other needs so that I can continue to support my children.  After going through the proper procedure of serving the paperwork I called the courthouse to ask for a hearing date.  I left countless messages for my case manager which went unanswered and unreturned.  After two weeks of frustration, I decided to call until I received a response.  When I finally got a return call  I was met with resistance and immediately asked, “Are you an attorney?” to which I replied, no do have to be?  I informed the clerk that I was a pro-se litigant and wanted to set it for a hearing.  I knew to do this because of my experience working in several law offices.  The response, “you can’t do that.” My mind felt like it was about to explode and I quickly responded with “what do you mean I can’t do that?” the clerk informed me that because I represented myself they had to send a note up to the judge to ask what they wanted to do.  To me it was another delay in a process that had already taken far too long.

I quickly grew into a new understanding.  It was quite shocking to realize that regular citizens do not have the same access to the legal system as their attorney represented counterparts.  I thought to myself if this is happening to me, how many other people are facing the same challenges?  I decided to write the chief judge and let him know of the challenges I have been facing.  It turns out that he forwarded my E - mail to another judge who instructed the family law intake staff to set it for hearing.  Procedure at this point would state that they would call me and conference in my husband’s attorney and confirm a date with us.  However, because I was not represented they never called me.  They called my husband’s, counter attorney and gave him a date.  How did I find out?  My soon to be ex husband told my daughter that we had a hearing date.  I had completely been left out of the process.  It was my motion.  I should have been notified first.  I would have settled for being included in the process.  The day after finding out that a hearing had been set I received a call from the court eager to inform me that I had a hearing set.  As they started to fumble over their words, I stopped them.  I said let’s cut to the chase.  You are calling to tell me that I have a hearing.  They were surprised that I knew.  They asked how I knew.  I told them how I found out and that I was not pleased with the process.  I asked them why I was not called.  They admitted that they made a mistake and should have called me but someone dropped the ball.

I cannot help but wonder about the average person.  This process was difficult for me and I have knowledge to assist me.  Not everyone has my knowledge -- they have to rely on the courts and their staff to help them.  I’ve the impression that they don’t want to help.  Their only words are “you need an attorney.” As the saga continues, I have still not gotten my hearing.  The other side objected to the use of the magistrate.  The case was referred back up to the circuit court judge.

I called September 12th 2012 and was told once again that I cannot set it for hearing through the judicial assistant. I laughed at their ignorant, comment and called anyway. The judicial assistant was less than helpful. She told me that because the other side objected, they had to be the ones to call set it for hearing. I knew this was incorrect because it was my motion. I argued and argued. Then I realized there was no point in talking to people that do not have the ability to give me a yes answer. I told her I was going to e-mail the chief judge. Literally 5 minutes went by when she called me to tell me that she made a mistake and I could indeed set it for hearing. You would think I would be happy but I’m not. The hearing is scheduled for December. It’s an emergency hearing and I have a December date. Not sure how this is considered an emergency. When I asked why so late I was told that the judge did not instruct her to set it as an emergency. I replied, can we ask her? So she stated, no I cannot advocate on your behalf. Advocate? Really? She said, you’ll need to file the appropriate paperwork. Isn’t that what an emergency motion is? I took the date and I am going to get it changed. Will update when I know more.