Pre-Crime and UPL

Remember the 2002 film "Minority Report" directed by Steven Spielberg and starring Tom Cruise? Set in 2054 Washington D.C., the movie's premise was that three people with clairvoyant powers, called "Pre-Cogs" could predict crime down to the who, what, and where. Tom Cruise's character, John Anderton was in charge of the Pre-Crime Unit and believed wholeheartedly in the system's flawless accuracy. Until one day, one of the Pre-Cogs predicted that he would murder someone within the next 36 hours.

It's a riveting film that raises multiple questions about the dark side of predictive analytics. Police departments are currently testing programs that predict where crimes may occur. According to a May, 2014 article in CNN Tech by Heather Kelly, the program appears deceptively simple.

"A map of a city is marked up with small red squares, each indicating a 500-by-500-foot zone where crimes are likely to take place next. A heat-map mode shows even more precisely where cars may be stolen, houses robbed, people mugged.

The program is called PredPol, and it calculates its forecasts based on times and locations of previous crimes, combined with sociological information about criminal behavior and patterns. The technology has been beta tested in the Santa Cruz, California police department for the past year, and in an L.A. police precinct for the past six months, with promising results."

We intuitively use predictive analysis daily by making personal and business decisions based on the past. We also encounter multiple instances of predictive analytic algorithms as we navigate through life. Did you see those suggestions after you chose a Netflix film? Based on your past behavior the software generates suggestions that seem to meet your criteria. Predictive analytic models were used to predict and assess future risks in marketing mortgage backed securities. These models became more and more complex as the developers attempted to control for unknown variables. The Netflix suggestions are rarely 100% on point. And, we only have to look back to 2008 to realize that despite all the analytic models controlling for all possible unknowns; and all the king's horses and all the king's men, Humpty Dumpty still fell off the wall. The analysts failed to know all the unknowns, and failed to foresee other circumstances that finally proved their analytic models unsound. In the housing market crash, the models did not foresee that so many homeowners would default on their mortgage payments at the same time.

Florida legal document preparers encounter a special type of predictive analytics perpetrated by and through the Florida Bar UPL Committee. Most of the letters sent to document preparers upon the opening of a Florida Bar investigation about their engagement in the unauthorized practice of law, begin: "you may be engaging in the unauthorized practice of law". The basis for the allegations are more like the methods used by the clairvoyant Pre-Cogs than based on any actual past behavior. In fact, only a small percentage of UPL complaints are initiated by consumers. The lion's share of UPL complaints, in Florida at least, are initiated by attorneys or the Florida Bar UPL Committee itself. Consumer harm rarely seems to come into the picture, rather, vague assertions that are all the more sinister for their failure to even allege consumer harm are common.

A May 2014 article by Tom Gordon of Responsive Law, summarizes a recent follow up of a 1980s study of UPL by Stanford Law Professor, Barbara Rhode, Gordon states:

"Courts are also complicit in the pro-lawyer, anti-consumer bias found in UPL cases. Rhode’s article shows that courts adjudicating UPL cases rarely considered whether people were hurt by alleged UPL, much less how they were hurt. Only about a quarter of reported cases discussed public harm when litigated, despite the bar’s continued statements that UPL exists to protect the consumer. In the court cases where it was mentioned, public harm was used only to aid in determining a penalty, rather than to discuss how UPL harmed the consumer in question. Thus, even if UPL restrictions are intended to protect consumers, courts are not applying them for that purpose. 

Cases that are litigated under UPL restrictions can also include legal services rendered which were actually helpful to consumers. Regardless of whether or not the person offering legal services provided a useful or even desperately needed service, he/she can be penalized under UPL restrictions. If these rules existed to protect and aid legal customers, as the bar states, a legal service that was helpful to the person receiving it should not be litigated under UPL. Yet Rhode found evidence supporting the lack of interest in interpreting UPL cases from a consumer point of view—only 11 percent of the UPL cases discussed whether or not the violation in question had met an important public need. The UPL services in question may have actually benefited legal consumers, but the bar and the courts chose to ignore the interests of the public.

One of Rhode’s conclusions is that “[a] more consumer-oriented approach would also vest enforcement authority in a more disinterested body than the organized bar.” The bar may state that UPL litigation is aimed at protecting the consumer, but Rhode’s article proves that this is a tired statement without much substance. While the bar may have become more adept at selling this argument, it’s no more true than it was when Rhode first studied the topic three decades ago". 

Florida publishes forms for pro se litigants to use to file family law documents. However, those forms and their instructions confuse and confound many consumers. Florida legal document preparers fill the void by preparing those documents for consumers. The Florida Association of Legal Document Preparers - www.faldp.org promotes and supports consumers and Florida legal document preparers.

What is FALDP?

Founded in 2010, we offer Florida legal consumers education, legal information, and services. We are also a voluntary trade association for Florida legal document preparers, with around 100 members statewide. Our website provides a wide array of information and resources for Florida pro se litigants, including articles, Self-Help Guides, Supreme Court approved family law forms, and online courses. Consumers can search our Member Directory to find a document preparer who provides the needed service. Our members prepare documents for family law, small claims, bankruptcy, and many other areas. Some document preparers conduct business in the traditional way - in a storefront location or office - while other document preparers are completely virtual - conducting business only over the phone and over the internet. Prospective members must submit an application and meet standards prior to joining.

Two pages have recently been added to www.faldp.org - Compliance - where consumers can complain if they feel they have been harmed by a document preparer. And, another page - Recognition - where consumers can offer feedback when they receive effective assistance from a member of the association.

Florida legal document preparers fulfill a consumer need.

November is Florida Adoption Month!

Florida Statute Chapter 63 addresses adoptions by family members. To be considered a family member for the purposes of a family adoption at least one of the adoptive parents must be within three steps of consanguinity - blood relation. For example, if a couple is adopting the wife's sister's daughter - their niece - then the aunt is within three steps of blood relation, but the uncle is related by affinity (marriage). Grandparents, great grandparents, and siblings are also within the three steps of blood relation. Single close relatives are also allowed to adopt.

Florida publishes forms for stepparent adoption, but not for the other types of family adoption. The procedures are similar, but not identical. In a stepparent adoption, only the consent from one biological parent is required. In the other types of family adoptions consents of both parents are generally required.

When all parties agree, the process for family adoptions in Florida is fairly simple. Sometimes the biological parent is not available to consent to the adoption. Other times the identity of the biological parent is not known. In either of these cases, the process is slightly more complex, but not at all impossible for a pro se litigant.

If the identity of the father is known, but his whereabouts are unknown, a process called a diligent search is required. The Affidavit of Diligent Search is a list of places where they must search for the biological parent. The list includes things like: Prisons; Cable Companies; Utility Companies; Hospitals; Military; an Internet Search; and the U.S. Post Office. If the biological father is not found, the prospective adoptive parents can then request the court to publish their legal intent to adopt.

If the identity of the father is unknown, which then means that his whereabouts is also unknown, the prospective adoptive parents must request a search of the putative father registry. The putative father registry is maintained by the Department of Health and Vital Statistics. The purpose is to protect the rights of unwed fathers. It serves that purpose to an extent. For example, if an unwed couple has a child together and then separates the father can register as the putative father to preserve his paternal rights. More commonly the registry protects the father's rights when the couple separates while the mother is pregnant, and the couple loses contact with each other.

Part of the adoption process is to terminate the parental rights of the biological parent or parents. Termination of parental rights is never to be taken lightly. The biological parent(s) being asked to terminate parental rights should search their heart, and seek legal advice if at all unsure about what to do

Adults who live and work in the state, are of good character, and have the ability to nurture and provide for a child may adopt. Single adults, as well as married couples, may adopt. A stepparent may adopt his or her spouse’s children. In 2010, the Third District Court of Appeal ruled that the statutory ban prohibiting homosexuals from adopting a child is unconstitutional. The Department of Children & Families did not seek review by the Florida Supreme Court of this decision so a person who is a homosexual may now adopt a child even though the ban is still in an existing statute.

The requirement for a criminal background check and taking the Model Approach to Partnerships in Parenting (MAPP) course are waived for stepparent and close family adoptions.

In stepparent and close relative adoptions, the adopting parent(s) typically finalize the adoption and terminate the biological parent(s) parental rights at the same time. The biological parent's obligation to pay ongoing child support ends when the adoption is final; however child support arrears are a vested interest of the child, and are still owed.

Ten days after the judge signs the Final Order of Adoption, the clerks of court seal the file. Adoptive parents need to request several certified copies of that court order within that ten day window. Each entity that the parents must notify of the child's adoption will require a certified copy of that order for their files. The number of certified copies the parents should request varies depending on the age of the child. The older the child, the more court orders they'll need to have. Entities such as the social security office; the child's physician; the child's school; the Department of Health and Vital Statistics; the child's day care provider; and extra-curricular activity and sports centers; may all require a certified copy of the final order of adoption. These entities do not just need to see the order, they need it for their files. And it may not be a copy, but must be a copy certified by the clerk of court.

For all legal purposes, the adopted child will be considered the natural child of the adoptive family. Further, the adopted child will be legally considered as if he/she were born into the adopted family. That child will be deemed equal with all other children that may then be or later come into the adopted family. This means that the adopted child will inherit equally to those children biologically born into the family for purposes of estates and wills or divorce. It is as though the child was born into the adoptive family initially.

More information about family adoption is available on the Florida Bar's site.

FLORIDA ADOPTION MONTH - Governor Rick Scott's Proclamation

WHEREAS, every child needs and deserves a loving, supportive, nurturing, and permanent family

when it is determined that the child cannot be safely returned home; and ...

WHEREAS, adoption provides a unique opportunity to improve children's lives and enrich the

lives of adoptive parents, their families, and their communities; and ...

WHEREAS, November 22, 2014, is National Adoption Day and families and children across the

nation and the great State of Florida will celebrate the joy of adoption on this day and throughout

the month, while remembering our children who are still dreaming and hoping for a loving,

permanent family of their own; and ...

WHEREAS, adoptive families, including relatives and grandparents, who have already adopted

children may benefit from continued post-adoption support services in the days and years ahead; ...

NOW, THEREFORE, I, Rick Scott, Governor of the State of Florida, do hereby extend greetings and

best wishes to all observing November 2014 as Florida Adoption Month.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of

Florida to be affixed at Tallahassee,the Capital, this 20th day of October, in the year two thousand fourteen.

Fight for the Future - Net Neutrality

Repost from FFTF:

Guys!

Our protests last week WORKED!

After months of intense public pressure, the second largest online protest in history, and millions of emails and phone calls, President Obama just released an incredibly strong statement calling for the FCC to protect net neutrality using full Title II reclassification. [1]

Yeah, you heard us right. The President of the United States just endorsed our position.

Will you chip in $10 today to help us win more victories like this?

This is game-changing. We’ve been hearing for weeks from our allies in DC that the only thing that could stop FCC Chairman Tom Wheeler from moving ahead with his sham proposal to gut net neutrality was if we could get the President to step in. So we did everything in our power to make that happen. We took the gloves off and played hard, and now we get to celebrate a sweet victory.

With your help, we organized nationwide emergency protests in 30 cities last week, and with just a few days notice we turned out more than 100 people in front of the White House for a spirited rally, capturing media headlines. [2] This is the power of the Internet! With a tiny budget and just a few staff, we are giving some of the wealthiest and most powerful corporate monopolies in the world a run for their money.

We’re closer than ever to winning the fight for REAL net neutrality once and for all, but we need to spend all of our time in the coming weeks organizing -- not fundraising.

Can you help? Please chip in $10 to fund the fight, so we can focus on winning!

Today’s statement from the President changes everything, but this fight isn’t over yet. FCC Chairman Tom Wheeler responded quickly, claiming he needs more time, and implying he might have to push back the FCC’s expected December 11th vote.

Those are stalling tactics. The FCC has had plenty of time to discuss the various options available to them. We need to refocus our campaign on the FCC to make sure that Wheeler – a former Cable lobbyist – doesn’t delay the vote in a last ditch attempt to sneak through rules that his buddies at Comcast and Verizon can live with. Time is of the essence.

We’re all in on this fight and we’ve proven that we can win it. We’ve got major strategic plans for this week including more protests on Thursday (info coming soon!)

Please chip in $10 (or more!) to help us win net neutrality once and for all. And really, if you can donate more, please do. You know we’ll use it well.

We’re so close! I am so personally proud of every single person on this list. Whether you can make a donation today or not, we LOVE you and are honored to be in this fight with you.

Thanks for all you do,

-Evan, Tiffiniy, Holmes, Kevin, Jeff, and Jessica

Fight for the Future

P.S. It’s crucial that we ratchet up the pressure on Tom Wheeler and the FCC now, and this morning our friends at PopularResistance.org pulled off an amazing action that does just that. At 6:55am they blockaded Tom Wheeler’s driveway just as he was getting into his car. After a while walked down the street, presumably to take public transit to work. Talk about a slow lane.

P.P.S. If you watch the Obama statement closely, you’ll see many moments where he incorporates the memes and talking points we’ve built, together, as part of battleforthenet.com campaign, from the “buffering” joke at the beginning to the way he talks about this as cable companies vs. the public. Obama’s statement has this movement’s fingerprints all over it, and it wouldn’t have happened without our work together. We’re proud. You should be too. I can’t think of a better time to make your first donation to this movement.

1. “Net Neutrality: President Obama's Plan for a Free and Open Internet” http://www.whitehouse.gov/net-neutrality
2. “Breaking: Emergency Protests” https://www.battleforthenet.com/#protest

FALDP Now Offers 10 Online Courses

We are proud to offer a growing curriculum of courses to help document preparers help consumers. 

Our online document preparation courses are entirely self-paced. We offer these discounted courses to thank our members and friends for continued support throughout the year. You do not need to be an FALDP member to take our courses.

Our newest Course - Just Released:

Summary Administration of Estate is probate for small estates. A small estate in Florida is an estate with a value of less than $75,000. excluding exempt property. There is a huge demand for this type of document preparation. The forms for Summary Administration of Estate are included in this course. Tuition - $299.

And our other course offerings:

Parental Responsibility includes forms and instructions for preparing Parenting Plans; Supplemental Petition for Modification of Child Custody, Time-Sharing, and Related Relief; Supplemental Petition for Relocation with Minor Children; and other forms related to these court actions. Tuition - $261.

Debt Defense is completely self-paced and online as are all of our courses. Help yourself or help your customers defend against a law suit to collect a debt. This course includes sample documents, templates, and more. Also includes the most recent version of our FALDP Self-Help Guide instant download ebook - "You've Been Sued! How to Answer a Civil Complaint". Work through five modules with an exam link at the end, then complete the Exit Survey to request your Certificate of Completion. Tuition - $175. -

Post-Conviction Document Preparation includes information and forms about Early Termination of Probation; Expunge & Seal of Criminal Records; Restoration of Civil Rights; and Reputation Repair & Management. We have included official forms from the Florida Department of Law Enforcement (FDLE); and The Office of Executive Clemency. Once you complete the modules. Tuition - $199. -

Immigration Document Preparation - There are many ways to immigrate to the U.S., however the most common and the simplest is when a U.S. citizen sponsors a spouse. The same rules outlined in this course apply to other close relatives, as defined by USCIS. A close relative is a spouse, brother, sister, mother, child, etc; but not a cousin. And of those close relatives, by far the simplest and most straight forward of immigration processes is sponsorship of a foreign spouse by a U.S. citizen. Tuition $249. -

Becoming a Successful Landlord is now open for registration. We think its our best course yet, packed with information, links, and Supreme Court approved landlord/ tenant forms. The same forms we provide on our site for $9.99 are included in this course as free downloads.

Setting Goals
Property Types – What works best for you?
Choosing a Property. - A good choice makes all the difference.
Rights & Responsibilities – Working together works best.
Financial Considerations – Affordability and accountability. Laws and regulations.
Personalities – The Golden Rule.
Dealing With Disputes – Learn how to resolve disputes before they become disasters.
Evictions – Specific steps
Conclusion – Link to the test; important forms and information.

“Becoming a Successful Landlord” is geared both towards landlords and the document preparers who help them. Savvy tenants can also benefit from the information in this course. The information in this course can repay you many times over that small investment in yourself. Tuition - $199.00

Visit us online to learn more – http://www.faldp.org/Online-Courses.html

INTRO to Florida Legal Document Preparation explains business basics - including business structure, choosing a name, and deciding on a business model. This course also includes information about compliance and avoiding the unauthorized practice of law (UPL).There is no test, instead there are required assignments. This Intro course is mandatory for inexperienced document preparers, and for document preparers relocating to Florida from other states; who would like to be a member of the most prestigious and only statewide legal document association in Florida. Tuition - $129.00

Preparing Florida Divorce Documents is a nuts and bolts course based on Florida Supreme Court approved forms for pro se litigants. Each of the different dissolution processes is discussed; along with content about the Petition for Paternity and Related Relief.

Students must complete five study modules and quizzes. Upon successful completion of this course, students will receive a Course Completion Certificate. Entirely self-paced, students must spend a minimum of four hours on the course site. But, are also allowed up to 60 days to complete the course, providing maximum flexibility. Tuition - $220.00

Living Trusts and Estate Planning  is appropriate for both document preparers and consumers. For anyone who had gone through the probate process after losing a loved one, avoiding probate is an attractive idea. The primary purpose of creating a Living Trust is to avoid probate altogether by passing property to one generation to the next through a family trust. We know that informed consumers are the best customers; and we strive to help consumers make informed decisions. We offer a revenue sharing plan for FALDP members who successfully complete this course. Tuition - $129.00

Bankruptcy Basics - Chapter 7 Personal Bankruptcy 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. Tuition - $149.00

Our online courses for legal document preparers can increase earning potential immediately. Many FALDP members spend years in paralegal programs only to discover that are no paralegal jobs available, or, even worse, that the paralegal jobs that are available don't pay enough to justify the training required.

Recent graduates of Florida paralegal programs benefit from our online courses because our courses are specific to preparing the exact documents approved by the Florida Supreme court for pro se litigants. Consumers could prepare these forms themselves, but many people quickly discover that the forms are confusing. Frequently, consumers are overwhelmed by the amount of detailed information they must learn in order to complete their legal task.

Smart business people know that there is a direct relationship between the number of products and services offered and potential income. Building multiple and diverse income streams helps entrepreneurs weather an uncertain economy.

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:  Online Courses..  Or call 800-515-0496.

How to Obtain Decedent's Credit Report for Summary Administration of Estate

Many Floridians don't realize that it is possible to settle the estate of a family member without an attorney. In certain circumstances, when the value of the entire estate is less than $75,000. excluding exempt property; or when the person died more than two years ago; an attorney may not be required. It is common for estates to qualify for summary administration, and with some of your own research and help from a document preparer, the estate assets can be passed to the heirs.

One step that may be required is to obtain the credit report of the family member who died. This will help you discover if there are outstanding debts that must be paid before the estate can be settled.

Here’s what to do:

 Step 1.  Gather the documents you will need. If your family member prepared a durable financial power of attorney before he or she died and named you as the financial agent, make a copy of that document.

Step 2. Mail a copy of the certified death certificate and either the copy of your father’s durable power of attorney or a copy of the letters testamentary to all three credit reporting agencies. Include a cover letter explaining what you are trying to accomplish, and make sure the deceased’s name, address and Social Security number are clearly identified in the letter. Here are the mailing addresses of the credit reporting agencies:

TransUnion LLC
P.O. Box 2000
Chester, PA 19022

Equifax Information Services LLC
Office of Consumer Affairs
PO Box 105139
Atlanta, GA 30348

Experian
P.O. Box 2002
Allen, TX 75013

TransUnion’s recommends that you update your deceased father’s credit reports by:

1. Contacting all of his creditors and requesting that they update their records to show that he is dead. The creditors will probably want you to forward to them a copy of his death certificate, if they have not already been notified of the death.

2. Check with the Social Security Administration to ensure that it has updated its files. Refer to the blue page of your local telephone directory for the address and phone number of the nearest Social Security office. Or, use this online tool to find a local office.

Experian explains on its web site that spouses, executors or others representing the deceased can request that a “deceased indicator” be added to the deceased’s credit report by providing a copy of the death certificate to its consumer assistance center. The indicator will help prevent identity theft.

Unclaimed Assets:

Also, you may want to search the State of Florida Unclaimed Property Division. People frequently find assets through this site, it may be a refund check, a bank account, or any number of things that may have been overlooked. According to the FAQ on that site:

What if the Original Owner of the Property is Deceased?

Proof of ownership (detailed below) must still be established with documentation (as detailed on your claim form). In addition, you must provide a certified death certificate for the owner, along with identification and signed claim forms for all heirs of the owner (or for the personal representative if the estate remains open). Additional documentation may be required depending on the specific case. Please review the Florida Administrative Code section 69I-20.0022 (paragraph 3) for more information.

What Types of Identification are Accepted?

Florida law requires claimants to provide a copy of their driver's license or another form of government-issued photographicidentification. If your Identification does not reflect your current address, please include other documentation (such as a current utility bill, etc.) reflecting your current mailing address in addition to your Identification and proof of ownership. If the account has more than one owner and one of the owners is deceased, a certified death certificate for the deceased owner is required in addition to the Identification for the person claiming the account. Note: Each claimant must submit identification and sign the claim form.  

How the Judge decides child custody.

Have you ever wondered what factors Florida family court judges weigh in determining how to decide child custody cases? It isn't which parent the judge likes the best. And it isn't always the mother. Years ago, Florida had what is called a "tender years doctrine" which said that the courts should give preference to the mother in child custody cases, when the children were young. That doctrine has not been used for many years, now the courts must rule in the best interests of the child or children in all family law matters. Following is the a through t list in the Florida Statutes.

61.13 Support of children; parenting and time-sharing; powers of court.—

(3) For purposes of establishing or modifying parental responsibility and creating, developing, approving, or modifying a parenting plan, including a time-sharing schedule, which governs each parent’s relationship with his or her minor child and the relationship between each parent with regard to his or her minor child, the best interest of the child shall be the primary consideration. A determination of parental responsibility, a parenting plan, or a time-sharing schedule may not be modified without a showing of a substantial, material, and unanticipated change in circumstances and a determination that the modification is in the best interests of the child. Determination of the best interests of the child shall be made by evaluating all of the factors affecting the welfare and interests of the particular minor child and the circumstances of that family, including, but not limited to:

(a) The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required.

(b) The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.

(c) The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent.

(d) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.

(e) The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child.

(f) The moral fitness of the parents.

(g) The mental and physical health of the parents.

(h) The home, school, and community record of the child.

(i) The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.

(j) The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child’s friends, teachers, medical care providers, daily activities, and favorite things.

(k) The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime.

(l) The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child.

(m) Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought. If the court accepts evidence of prior or pending actions regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect, the court must specifically acknowledge in writing that such evidence was considered when evaluating the best interests of the child.

(n) Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.

(o) The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties.

(p) The demonstrated capacity and disposition of each parent to participate and be involved in the child’s school and extracurricular activities.

(q) The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse.

(r) The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child, and refraining from disparaging comments about the other parent to the child.

(s) The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child’s developmental needs.

(t) Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule.

Support Unconnected with Divorce

John and Daisy were proud of their independence. They married young and enjoyed the joy and privilege of watching both of their children grow up, marry and have children of their own. Their oldest granddaughter was engaged to be married, and John and Daisy looked forward to meeting their great grandchildren whenever they arrive. The couple lived modestly and well within their means. As children of the depression, they both knew how to be frugal. But, they also treated themselves to a vacation once a year and dinner out at least once a month. They enjoyed good health, and stayed active by walking at least one mile daily. Daisy was also careful about their diet, making sure that they always ate wholesome and healthy foods.

Life can change on a dime.

They were walking, as they always did, around the long block. John stumbled and fell. When he fell he hit his head on the sidewalk. Daisy did not panic. Instead, she knelt beside him and talked to him; somehow knowing that she had to keep him awake.. He was semi-coherent. She told him he would be fine, and quickly called 911 on her cell phone. A fire truck and ambulance arrived within minutes; loaded John on a gurney and took him to the hospital. Daisy rushed home and followed. After waiting and wondering for hours, Daisy learned that John would probably be fine. The bump on his head was minor, and there was no concussion. But he had suffered a stroke which had caused the fall to begin with. The doctor wanted to keep John at the hospital, at least overnight maybe longer. Over the next few days, John got better, mostly better. He could talk but didn't have the full use of one arm and one leg. He needed help to get around. The doctor told her it was encouraging that he was talking again so soon. Daisy and John's children came to visit, they both offered to stay in town until John was better. Daisy declined, told them that John is getting better and he'll be home soon.

The days turned into weeks. And although John was better -- his recovery was not complete. He still couldn't walk by himself, and his left arm didn't work at all. The doctor advised that John should go to a nursing home. Daisy knew all too well that most people that go to a nursing home never come out. She talked it over with both of her children. They both told her that she needs to rely on the doctor, and they both said they would come and stay with her and help in any way possible. John's recovery was slow, and the doctors released him to a nursing home as planned. Daisy went everyday to visit him. She sat with him and watched TV, told him news and gossip about family and friends, and tried to make him smile.

The first month that John's social security income was redirected to the nursing home, Daisy barely noticed being preoccupied with John's recovery and return home. The second month, she paid everything again herself from her check and their savings. John's social security was two thirds of their family income. And now his income was gone. She struggled to pay all the bills on her own. She asked her son and daughter for financial assistance, and they happily obliged. But, Daisy knew neither could afford to make up for her financial shortfall for very long. They had their own families and children to look after.

Visiting hours at the nursing home began at 10:00 in the morning. Daisy tried to maintain her usual daily routine, although it was hard without John by her side. She still walked the long walk around the block. Kept up her one mile a day. One fine morning as she was walking, she just couldn't go further by herself. Her thoughts wouldn't stop. She kept wondering how she was supposed to manage on her own. She knew in her heart that John would get better, and she knew it was up to her to make sure that he had a home to come back to. She stopped that day at the playground where the young mothers sit and watch their children play. She watched the little ones on the swings as she sat on the bench, thinking hard about what to do. Thinking too hard, most likely. Out of nowhere a bouncy ball landed in her lap. Startled she looked up and saw a happy toddler chasing after it, and an apologetic mom chasing the toddler.

Mom tossed the ball to her daughter, and sent her back out to play. The women started talking as women do, about their children and then about their lives and then about their husbands. It turned out the young mother was suddenly single, her husband having left for reasons unknown. The young mother was determined that he wouldn't get away with it, he was not just going to walk away from the family. She hoped he would come to his senses and come back. The young mother confided to Daisy that she had filed a Petition for Support Unconnected with Divorce. The young mother said she didn't know if she wanted a divorce or not, but she was quite sure she needed to feed the children. It occurred to Daisy that maybe she could file that too.

Daisy went to the law library to try to find the answer. The law clerks were helpful, but she still wasn't sure. Then she went on the internet and found out a little more. It wasn't clear whether this process would work in her own situation. Daisy then discovered that her local legal aid society had a walk -in legal clinic once a month, where attorneys would answer legal questions free of charge. She went. And here is what she learned:

Help for the Stay-at-Home Spouse when their partner has to move into a nursing home:

When one of the spouses can no longer live at home and must be moved to an assisted living facility, memory care facility, or nursing home, they usually become Medicaid patients which means that the government will pay all of their living and medical expenses at the facility, but will take their monthly income as reimbursement. Many times, this can leave the spouse remaining at home destitute.

Florida allows a person to file a Petition for Support Unconnected with Dissolution of Marriage (with no Dependent or Minor Children), Form 12.904(b). This allows the couple to remain married, but can be used as a method to ensure support.

This form may be used if a dissolution of marriage action has not been filed, and the spouse filing the Petition is requesting alimony, more recently referred to as “spousal support”. This Petition, Form 12.904(b), does not address the issues of property or debts. It only deals with support.

The stay-at-home spouse can file this Petition, along with the other documents required by the State of Florida to be filed at the same time, and the final result of this action would be for the Court to enter an Order directing that the income of the spouse moving to a facility (presumably Social Security and any type of retirement income) would first be paid to the spouse that is left behind, still living in the home that they shared. Any additional amounts of monthly retirement income that are not “awarded” to be paid to the stay-at-home spouse would be taken by the government, but at least the stay-at-home spouse will be taken care of.

Daisy was elated at the discovery. She filed it through the courts and was awarded support. Some of John's check still went to the nursing home, but Daisy was awarded enough to carry on. She knew that John was coming home, and without this support, he would not have a home to come home to.

Co-authored by Gayle Coffman and Ruth Tick