News

Should Alimony Laws Be Changed?

2012-01-20T19:58:35Z

USA Today recently published a very interesting article on alimony reform issues accross the nation. If you or your spouse are attempting to establish or modify an alimony obligation, please contact Adam R. Cowhey, P.A. to discuss your rights and options.

http://www.usatoday.com/money/perfi/basics/story/2012-01-05/alimony-law-reform/52642100/1

Del Archibald Memorial Golf Tournament

2011-11-22T18:55:31Z

We had a great time helping to sponsor and playing in the Del Archibald Memorial Golf Tournament at Killearn Country Club in Tallahassee, Florida. A big thanks to all who came out in support!

Parental Relocation With A Child

2011-11-11T17:36:13Z

Unless the parents have entered into a written agreement permitting one parent and the minor child(ren) to relocate outside 50 miles from their current residence, the petitioning party must seek permission from the Court granting such relocation. Given the downturn in the economy, the Courts are more willing to allow the relocations for individuals to secure employment elsewhere. However, it isn’t as simple as just granting the relocation. Numerous other issues must be dealt with including a modified visitation or time-sharing schedule, child support, and travel arrangements. While the statute addressing relocations (Section 61.13001, Fla.Stat.) has been amended over the years, the determining factor in granting or denying a relocation is still if it is in the best interest of the minor child(ren). Section 61.13001, Fla.Stat., is also very detailed regarding the procedures that must be followed to present a relocation case and the Courts require strict compliance.

Relocation cases are very difficult for judges since there is typically “one winner” and “one loser”. The non-relocating parent faces the possibility of losing significant parenting time with his/her child(ren). If you or your former spouse is seeking to relocate, please contact my office to discuss your matter.

More Alimony Changes

2011-11-02T15:41:42Z

As of July 1, 2011, the Legislature again amended Florida's alimony statute (Section 61.08, Florida Statutes). There are numerous types of alimony or spousal support, including permanent periodic, durational, temporary, and rehabilitative and there are many factors the Courts are required to use (including length of marriage and standard of living) to determine the type(s), amount, and length of the alimony award. Because there are no "guidelines" to determine the amount of alimony as there is for child support, this makes the hiring of an experienced attorney even more important in securing your alimony obligation or defending against an alimony claim.

Florida Dissolution Of Marriage

2011-02-04T15:37:45Z

The Florida Bar recently released the Florida Dissolution Of Marriage (10^th Edition) distributed by LexisNexis®, providing vital information and resources on all aspects of divorce in Florida. I was selected to author Chapter 11 of the book, entitled Parental Responsibility. This chapter is an essential source for Florida family law attorneys regarding parenting plans, parental responsibility, time-sharing and parenting time (i.e. custody and visitation), relocation, parental evaluations, and much more.

2011 Marital & Family Law Review Course

2011-01-31T19:08:03Z

I attended the 2011 Marital & Family Law Review Course held in Orlando, Florida last weekend. The seminar was presented by The AAML (Florida Chapter) and The Family Section of The Florida Bar. I had an opportunity to listen to numerous speakers lecturing about all aspects of, and new updates to, family law, including child support, parental responsibility and custody, alimony, and equitable distribution.

Out of State (or Non-local) Visitation

2010-10-15T19:41:15Z

I have numerous clients who do not reside in Florida or even the United States. There are certain complexities involved when creating a time-sharing schedule or visitation schedule when parents do not live in the same geographical location. Obviously, it is not practical for a parent to receive normal weekend visitation of time-sharing when they are a great distant from the child(ren). It becomes even more difficult to exercise regular visitation when the child enters school and gets involved with extra-curricular activities, friends, sports, etc. To overcome these issues, we often look to develop a visitation schedule that allows the parent with whom the child does not reside to have substantial parenting time during the summer, winter break or Christmas break, and spring break. I also encourage those clients who have the child to make him/her available to the other parent in the child’s locale upon reasonable notice. There is also the issue of child support that must be addressed and how the transportation costs of the visitation will affect the amount of support to be paid, if any.

The Supreme Court of Florida Finds Passive Appreciation To Be A Marital Asset

2010-10-08T20:49:47Z

In its recent decision in Kaaa v. Kaaa, the Supreme Court of Florida found the passive appreciation of the parties’ marital home to be a marital asset, even though it was purchased prior to the marriage and titled only in the husband’s name. The trial court in Tampa, Hillsborough County, initially found the appreciation to the home to be Husband’s sole asset and that the wife would only be entitled to one-half of the reduction in the mortgage and renovations to the home. The Second District Court of Appeal affirmed the lower court’s decision, but certified a direct conflict with a ruling from the First District Court of Appeal.

The Supreme Court of Florida, quashed the district court’s opinion and found the passive appreciation of the home to be a marital asset subject to equitable distribution when marital funds and/or efforts were used to pay the mortgage and increase the equity). In Kaaa, the Court set forth a five-step approach to determine whether the passive appreciation of the home should be considered a marital asset. First, the court is to determine the fair market value of the home. Second, the court must determine if there has been passive appreciation in the value of the home. Third, the court must find that the passive appreciation is a marital asset pursuant to Section 61.075, Florida Statutes (i.e. whether marital funds were used to pay the mortgage and the non-owner spouse made contributions to the home). Then, the court must determine what extent the contributions had to the appreciation of the house. Fourth, the court must value this passive appreciation. Fifth, and finally, the court must then calculate how the appreciation should be allocated.

Of interest, is how the courts will allocate passive depreciation in a non-marital asset, especially in this difficult housing market.

Child Support Changes Are On The Way

2010-09-17T20:23:28Z

This summer, a bill was passed which drastically changes the way child support is calculated in Florida. Among other changes to the child support laws, the secondary or non-residential parent will now be given credit for each overnight he/she has with the child(ren) over 20% per year (only 73 overnights). This is radical change from the law as it currently is written which allows a reduction in a parent’s child support obligation when they exercise over 40% of the overnights (146). As one can tell, it will not be very difficult for the non-residential parent to exercise this new “substantial” amount of parenting time. For example, a common time-sharing or visitation schedule of every other weekend from Friday through Monday morning would already be 78 overnights; and this does not even take into consideration additional parenting time during the holidays, summers, etc. I think the Legislature wants the money to flow with the children. This should also remedy parents who request additional overnights (for instance during the week) just so they can achieve 40% of the overnights and thus get a reduction in child support.

Holiday Parenting Time

2010-09-17T20:10:34Z

School has started and the holidays are right around the corner. Parents have many different options when it comes to establishing or modifying a holiday time-sharing schedule. Some like to "rotate" the major holidays (i.e. Thanksgiving and Christmas) while others like to “share” holidays. An example of this would be splitting Christmas so that each parent has time with their child(ren) on that special day. When creating a visitation schedule or time-sharing arrangement for the holidays, parents must also consider that while the child(ren) are home from school, it doesn’t mean mother or father has the ability to take extra time off from work. I encourage parents to outline a schedule well in advance so that everybody knows where the child(ren) will be during these times and no issues arise just days before the holidays.