Permanent alimony, defined formulas are key points in new legislation
By Paul Giorgio – Producer
MELBOURNE, Fla. – Major changes could be coming to Florida’s alimony law.
“I think our laws are really archaic,” he said. “We haven’t changed our laws for the last 50 years in essence and now it’s time to really make the change.”
Frisher said there are five key points to the proposed law. In addition to the removal of permanent alimony and the ability to modify or eliminate alimony at retirement, the bill also defines a formula judges must use when determining settlements.
“We want to be able to give judges discretion, but we don’t want to give them so much discretion that there’s no consistency from one sector to another, because right now there’s no predictability or consistency,” Frisher said.
Currently if someone paying alimony remarries, the courts can view the new spouse’s income as ‘family income’ that is eligible for an upward modification in payment.
Under the current law, modification is also possible if a payer earns a greater yearly salary. Payers cannot be brought back to court under the new bill.
A similar bill was vetoed in 2013 by Gov. Rick Scott. That bill had language that would have allowed it to apply retroactively. Scott said it would have unanticipated results. HB 943 has eliminated that language.
Yes. They Shoot the Messenger in Child Custody/Access Cases | Gary Direnfeld, MSW, RSW
A parent called me asking for me to provide an assessment. I explained I do not provide court involved services anymore and explained why. The caller asked for a referral to someone who did. I offered the name of a respected colleague.
The caller emailed thereafter and included in the email messages that had been posted about the colleague on the Internet. The postings portrayed my colleague quite terribly. The caller wanted to understand how I could refer to such a person. My reply was this:
…and no longer allow Family Courts to “Courtnap” a child for one parent;
Or allow CPS to kidnap and murder our children?
Why is it so important we reform Family Law?
Why these problems constitute a sophisticated form of Racketeering, something a friend of mine recently named the “cartel of Family Courts”?
Over twenty people testified of the complete dysfunction of our family courts in Miami and all across the state of Florida: https://vimeo.com/channels/878408.
A corruption that is killing our children here and around the world:
Here in Florida, the number of children who have died under the mafia of the Family Court system is increasing at an alarming rate. Count went from 490 to 533 (+6 in a matter of days) in only a few months:
Thank you Miami Herald for standing up for our children.
We must unite to put an end to this madness.
If you are tired of seeing innocent children die under the care of the family court system, help us Raise Hell, and stand up for them.
Ignorance is bliss in some scenarios, and as a father having been involved in a contentious divorce and custody ordeal it was a luxury I found myself longing for at times. Facing a situation where one’s back is against the wall, in a court environment overtly hostile towards those who represent themselves, as a pro se litigant is a place parents should venture with extreme caution. In my situation it came to a point where in keeping up with my own case at times I began to become curious and observe what I knew to be odd behavior and activity within the court and its players.
Broward sheriff’s child protection unit now ‘a shamble,’ former employee says
Investigators say children’s safety at risk
FORT LAUDERDALE, Fla. – Broward County is No. 1 in a category nobody wants to win, topping the state in the number of reported child abuse cases. With more than 15,000 cases a year, serious allegations are being made against the agency that handles those abuse complaints — the Broward Sheriff’s Office Child Protective Investigations Section, or CPIS, which many past and present investigators said is in a state of crisis.
“Absolutely children’s safety is at risk,”
…said one veteran investigator who recently left CPIS.
Christina Bullins, an agent for the International Union of Police Associations, which represents CPIS employees, said the union has heard complaints from about 50 investigators in the unit, starting with what she said are their staggering workloads. National standards for child protection investigators call for 12 cases at a time, but BSO records supplied to the union show that many of the BSO investigators are working double and triple that number, with three investigators working more than 40 cases each.
On June 17, 2016, We will be holding a rallyThe Florida Fathers’ Rights Movement
At both 12th Circuit Courthouses
Manatee Judicial Center
1051 Manatee Ave W, Bradenton, FL 34205
and 12th Circuit Courthouse Sarasota
Lynn N. Silvertooth Judicial Center
2002 Ringling Boulevard Sarasota, Florida 34237
Event will be from 10am-2pm email for more information or to help- firstname.lastname@example.org
This is to represent how many fathers have been reduced to a paycheck and are hot allowed to be present in their children’s lives. Inside your shoes/boots place a letter telling your story.
Children need both parents. We need 50/50 Shared Parenting.
We are Fathers! We are not visitors. We are not a paycheck.
Make your statement heard. Make Flyers, banners, posters, signs and bring your friends. to support you and your children.
This event will be covered by the press and parts being recorded will be used in an upcoming Documentary
In 2016 …I will continue my mission by speaking at even more engagements with our elected officials
“The activist is not the man who says the river is dirty. The activist is the man who cleans up the river.” — Ross Perot
More than 100 supporters for the alimony Reform Bill converge on Tallahassee April 12, 2016 to present to Rick Scott‘s office our concerns and protesting with the chant Sign the Bill…Sign the Bill. Why Dads Matter and other support groups showed up as well. Governor Rick Scott has one week to sign, veto or do nothing then becomes law.
An honor to be recognized by the Sarasota County County Commissioners for our efforts to expose Parental Alienation in the 12th Judicial Courts and throughout the State. 22 million are affected by this injustice. Why Dads Matter and Danica Jones with Kids Need Both hope to make a difference for generations to come Whydadsmatter.com & Kidsneedboth.org
Published on Mar 14, 2016 TED TALK
Parental alienation is a devastating problem affecting millions of families around the world. Unfortunately, much like how we addressed domestic violence several decades ago, we treat parental alienation as a domestic issue rather than as a problem that affects communities, school systems, police and court systems, mental health and financial institutions, and legislative bodies. I will discuss how our social and cultural systems sanction and even promote parental alienation at the expense of our children, and what can be done about it.
Dr. Harman is an Associate Professor of Psychology at Colorado State University and is the Program Coordinator for the Applied Social & Health Psychology Program. She is an accomplished and awarded teacher, and has published many peer-reviewed articles and textbooks on intimate relationships, such as The Science of Relationships: Answers to your Questions about Dating, Marriage and Family. She is also a contributor to ScienceofRelationships.com, a relationship science resource for the on-line community, and is interviewed as a relationship expert for many national and international media outlets (Chicago Tribune, the Denver Post, NY Magazine, datingadvice.com, and the Irish Independent). She has more recently applied her research expertise in social psychology to better understand and find solutions for parental alienation because she has been a target of it herself.
Source: On June 17, 2016, We will be holding a rally at… – The Florida Fathers’ Rights Movement
It’s time to stand up and be counted. Just look around you. There is an enhanced appreciation for the vital role both parents play in rearing healthy, happy, well – adjusted children. It makes good sense for our Family Courts in accounting for our children’s needs to consider also any benefits associated with the maximizing the time each parent spends with the child, as well as the detriment of limiting the child’s time with either parent. Until we stop reducing the richly textured experience of parenting children to fights about time, we won’t recognize the variety of ways in which unique and meaningful parent – child relationships can be maximized in shared parenting, not just in a two week rotating schedule, but over a lifetime.
Whatever the court setting, whether it is regarding divorce, child custody, parental support, probate matters, personal injury, property disputes, legal or medical malpractice, criminal charges, or other deeply personal issues, the frauds put forth in our courts add greatly to the trauma. When litigants are unable to get fair resolution to their issues, when the court dysfunction further adds to the litigant’s burden, when no amount of actual case law compels an equitable outcome, litigants suffer often disabling levels of stress.
When further attempts to achieve redress fail, litigants display the hallmark signs of Legal Abuse Syndrome (LAS). *The concept of Legal Abuse Syndrome was brought to the attention of this writer by investigative journalist Michael Volpe, who’s completing a book on the life and suicide of ones of its victims. The book’s pre-publication title is Bullied to Death: The Chris Mackney Story. (Dr. Huffer, incidentally, invites reports of cases like this one on her website’s Contact page.)
ALL JUDGES HAVE THE SAME LAST NAME — “GOD.”
Time to stop absolute discretion and immunity for Family Court Judges. They operate above the very laws they seek to enforce. They sit in judgement of families with no checks and balances. This legal loophole has been used as a means by corrupt Judges and Attorneys. No one should be beyond the laws that all other citizens of the society live by. So……..
Child custody and visitation; the relationship continues
Who is going to have custody of children when the couple separate or divorce? This decision has to be made along with, how the children will be taken care of and the visitation, the how of each parent spending time with the children. Relationships cause connectedness and there are orders to abide by. There are two types of custody orders.
There is visitation plan to prevent and reduce confusion, anger and further conflict. Under supervised visitation, when the child’s safety and well-being is at issue or if the child and the other parent would need gradual exposure, it is supervised by custodial parent, an adult, a professional agency or a mental health counselor. There is also a “no visitation” rule about that, even if with supervision, physical and/or emotional welfare of the child can be jeopardized. When visitation, custody or time share plan is drawn the above issues are clarified.
Custody and visitation is decided considering the best interest of the child’s health, safety and wellbeing. Here history of abuse by either or both parents is considered.
The Five Methods Of Establishing Paternity In Florida
The State Statute Governing Paternity in Florida
A father is both the legal and biological father is he was married to the child’s mother at the time of the child’s birth. If, however, the child was born out of wedlock, a biological father will have to take formal legal steps to become the child’s legal father. This process is relatively easy if the father and mother are on good terms, and have a mutual desire for one another to visit and develop a parental relationship with the child, support the child’s financial, educational, and health needs, and participate in the child’s upbringing. In such cases, the Acknowledgement of Paternity is voluntary, and not at risk of cancellation by either party.
Acknowledgement of Paternity Alone Does Not Grant Custody Rights
Fathers often think the Acknowledgement of Paternity form grants more rights than it really does. This is understandable, given the language of rights, responsibilities and duties on the form. However, legal establishment of paternity does not guarantee actual custody rights, such as time-sharing or making decisions regarding the child’s education and upbringing. These rights must be granted by a court. Absent court-ordered time sharing and parental responsibility rights, a father, in reality, possesses only limited rights. Notice is one such right, meaning a father with legally established paternity rights is entitled to notification in the event the mother chooses to put the child up for adoption. Additionally, such notice provides a father with paternity an opportunity to obtain custody rights. Lastly, just as an Acknowledge of Paternity does grant some limited rights, it also restricts rights. For example, by acknowledging paternity, a father, absent fraud or duress, will almost certainly be prohibited from later calling paternity into question by requesting a DNA test.
The Putative Father Registry May Afford An Opportunity To Assert Custody Rights
For fathers seeking custody in lieu of the mother putting the child up for adoption, the Putative Father Registry is one option. Putative means “generally considered or reputed to be.” The purpose of the registry to allow a man contending to be the unmarried biological father of a child to preserve his right of notice and consent in the event of an adoption. As with the Acknowledgement of Paternity, registration is time-sensitive. While a claim of paternity may be filed at any time before the child’s birth, a claim may not be filed after a petition for termination of parental rights is filed.
Full Responsibilities Even When There Are Only Limited Rights
Filing a Petition for Paternity Is The Only Way To Obtain Legal Custody and Decision-Making Rights If the Mother and Father Were Unmarried At the Time of The Child’s Birth
To obtain more than the limited rights created by an Acknowledgement of Paternity or registration with the Putative Father Registry, a father must file a Petition for Paternity. Admittedly, this is confusing; why, after all, would one need to petition forpaternity after acknowledging it? Nonetheless, the petition must be filed. In doing so, one requests that the court grant the father decision-making and time-sharing rights. Absent such a grant of rights, the child’s mother possesses all rights concerning parental responsibility and custody. All this is to say that an Acknowledgement of Paternity merely establishes the presumption that the man who signed the child’s birth certificate is the father of the child. It is the Petition for Paternity that confirms the presumption and actually creates the father’s parental rights.
There Are Numerous Benefits To A Successful Petition for Paternity
Disadvantages To Not Filing A Petition For Paternity
Sometimes a court-ordered DNA Test Is Required To Identify A Child’s Biological Father
When the relationship between an unwed mother and father of a child ends, it is sometimes the first time that the father is forced to consider the need to legally establish paternity. Other times, there was little or no relationship to begin with. In these instances, especially the latter, a court-ordered DNA test may be required to legally identify the child’s biological father. A DNA test is a scientific, genetic test used to determine whether or not a man is the child’s father. It is a common misconception that a DNA test requires needles or blood. Because DNA exists in literally every cell in the body, skin cells are sufficient. For a DNA test, a swab is used to collect cells from inside the cheek area near the mouth. The process is completely painless. For a DNA test to establish paternity, the alleged father, mother, and child are scheduled for testing. At the testing site, identification must be provided. Acceptable forms of ID include picture identification, such as a driver’s license or passport, as well as a Social Security card or birth certificate. All three parties – mother, father, and child – provide DNA samples, and also have their pictures taken. The DNA samples and photos are then sent to a genetic testing laboratory. There, the cells are all compared. It is this comparison that determines whether the alleged father is indeed the child’s biological father. The test results are then mailed to mother and alleged father.
In The Event You Learn Later That You Are Not In Fact the Child’s Biological Father
What To Do If You Are A Father Whose Name Does Not Appear On Your Child’s Birth Certificate
Post by @BoycottFamilyLw.
Letter to Governor Rick Scott, State of Florida – Safety of Children – Public Statements – The Voter’s Self Defense System – Vote Smart
By: Alcee Hastings, Sr. Patrick Murphy Lois Frankel Ted Deutch – Location: Washington, DC
The Honorable Rick Scott
Executive Office of Governor Rick Scott
400 S. Monroe St.
Tallahassee, FL 32399
Dear Governor Scott:
The past few weeks have been marred by the deaths of several young children who previously had contact with the Department of Children and Families (DCF). When looking at the function of child protective services and the responsibilities the state has when intervening in families, the foremost precept has always been safety. Unfortunately, the circumstances surrounding these deaths indicate that at some point, the safety of children lost its status as the prime operating principle of DCF in South Florida.
The facts of several of these cases as reported are disturbing. Not simply for the terrible manner in which these children died, but also for the fact that there were points where had investigators engaged in meaningful intervention, these children might be alive today. These tragic deaths are a signal that something beyond investigator judgment, assessments, forms, and follow through is wrong. We have been through this cycle of death, outrage, and reform before, and we are in the midst of this cycle again.
This cycle too easily devolves into foster care panic, where front-line social workers and investigators fearful of castigation needlessly remove children from their homes. Family preservation and child trauma are important considerations when determining the type of intervention the state will impose on a family. Certainly, there are many cases which warrant in- home services and supervision over removing children from their homes. These considerations should not fall by the wayside and be replaced with a removal fits all mentality. Conversely, this cycle must not lead to yet another form or assessment for child-welfare workers to fill out that ultimately leads to no real change or reflection.
State Senator Eleanor Sobel called for hearings and you have accepted former DCF Secretary Wilkins’ resignation. However, hearings may lead only to promises and overhauls that “work” until another scandal occurs. If Florida is to have a responsive, functional child-welfare system, the response to this string of deaths must lead to comprehensive reforms both with DCF and Florida’s treatment of children in general.
Governor Scott, we urge you to convene an independent panel to study child well-being within the state and make recommendations as to how we go about making Florida a state that truly nurtures and cares for its youngest. Florida must recognize and embrace prevention measures and become proactive.