Governor Scott Vetoes Alimony Reform Bill

Florida Alimony Reform Bill Vetoed

On April 15th, 2016,  alimony reform bill B 668 came to an end. Amidst florida alimony reform bill vetoeda firestorm of controversy and a high number of proponents for alimony reform and support for the passing of this Bill, Governor Scott vetoed the Bill. According to the Sarasota Herald-Tribune, the Governor’s office reported that 10,054 calls in support of the bill have come in as opposed to 2,968 made in opposition, according to the Sarasota Herald-Tribune.

Despite the apparent low opposition, Governor Scott stated his reasoning behind the vetoing of the Bill. The language of the Bill which came late, added the 50/50 timeshare presumption which in Scott’s view, put the needs of the parents first, instead of putting the children’s needs first.

In Florida, child support laws require that both parents financially support their children according to the guidelines. The amount of time-sharing factors into the amount of child support obligation, thus, often creating more reasons for a parent’s need to fight for more or less time-sharing or custody.

Equal Time Sharing in Florida

In Florida, it’s very common for judges to order equal time-sharing, and shared custody. In reality however, many mothers and fathers are not enjoying an equal amount of time with their children. Much of that decision is related to how parents work together on this issue.

The truth is, child custody battles often do take place when couples are divorcing. Armed with the knowledge that the courts will most often look at the best interests of the children, often times one parent or the other will find reasons why equal time-sharing is not in their children’s best interest. If you prove your case in court, then the Judge can award time-sharing or custody as they see fit. Scott defended, that each family is unique with their own set of circumstances and it appears he believes that a “cookie-cutter” solution included in this Bill would not make sense for Florida’s children.

But What About Modifying Florida Alimony?

As of today, alimony laws in Florida remain the same. There are a few Alimony modifications Floridadifferent types of alimony but the main purpose of the Bill was to stop eliminate permanent alimony. It was aimed at giving judges guidelines and a formula for determining the amount and duration of alimony, along with conditions for modification. The concern was that many people may never be able to retire, because they were ordered to pay permanent alimony. The opponents were concerned that many spouses had devoted their lives to caring for the children and home, while their spouse concentrated on their careers and hence, hadn’t had the opportunity, skills or time to adequately plan for their own futures, thus were in need of permanent alimony. Both of these scenarios can be very true, and equally devastating to either party.

Hiring a Divorce & Divorce Modification Attorney

Remember, it takes a skilled alimony and divorce attorney to ensure that clients who truly need a modification of alimony obtain their day in court. Even more crucial, is that when you are divorcing, seek out and hire the best divorce attorney, one with experience in divorce and high asset divorces and alimony cases.

Family Law Attorney Wendy Doyle will take the steps to represent you in a divorce proceeding according to Florida alimony and asset distribution laws to ensure the very best outcome in your divorce case. Attorney Doyle represents clients who need a family law attorney in Spring Hill, Brooksville in Hernando County, Florida and  St. Pete/Clearwater/Largo in Pinellas, as well as in Pasco, County, Florida.

We have two offices to serve our clients and offer free initial consultations today. Call (727) 824-5727 or contact us online for information or a consultation.

Are You Seeking a Divorce Modification in 2016?

Divorce Modifications and Eligibility

If the New Year has you thinking about a divorce modification, you’re not alone. Whether you are wanting a Judge to revisit a child support final order, Pinellas, Pasco County Divorce Attorneytimesharing matter or if you have had an unforeseen, substantial and permanent change that warrants an alimony modification, now may be the time to seek out legal counsel to help you to determine whether it is feasible to consider filing a supplemental petition of modification with the courts so a Judge can revisit your case.

If your case is in the 6th Judicial Circuit Family Court in Pinellas County or Pasco County, Family Law Attorney Wendy Doyle is available to consult with you about whether you have a case to file a supplemental petition for modification. The Florida Statutes are quite clear about when and why you should seek out child custody, timesharing , child support or alimony modifications, there are often times very sound reasons why petitioning the courts  would be beneficial. The first step is to consult with an experienced Florida family law attorney who can provide you with sound legal advice and representation should you decide to go forward with petitioning the courts for relief.

Florida Statutes states that there must be a “substantial change in circumstances”  that was unanticipated at the time the alimony was ordered by the court. The change must be permanent, involuntary, and material and must not be pre-designated as non-modifiable alimony. Remember, both the payor and the recipient can petition the courts for an alimony modification.  If you decide to go forward, and your case is not settled in mediation, it will go to trial and you may possibly be granted a new order under the following circumstances if the Judge feels you have proven your case. In these cases, it is essential to have a skilled Florida family law litigator to represent you.

  • Alimony – A Few Reasons That Could Support a Downward Modification
  • Long-term unemployment that is involuntary
  • Payer’s long-term involuntary decreased ability to pay, such as when due to health or employment problems or retirement of payor
  • Substantial increase in pay
  • Gifts of substantial monetary value
  • Large inheritance or winnings from Lottery
  • Availability and cost of medical insurance
  • Remarriage (Of the recipient)
  • Fraudulent claims or information  from recipient when alimony was established

Remember, it’s always best to seek a divorce modification if you are having trouble keeping up with alimony or child support payments. If you do not pay, you will very likely end up in court and you could face jail time, license suspensions and other fines and costs.  For legal advice and a consultation, contact Wendy Doyle family law attorney. Serving clients from Hudson, Florida to St. Petersburg, Clearwater and Largo in the 6th Judicial Circuit Courts.

Answering a Supplemental Petition to Modify – If you have been served with a petition to modify alimony, child support, child custody or other divorce divorce modifications attorneymodification, time is of the essence. You must properly submit your answers to the courts and other party involved. Before you do so, it’s generally wise to seek the advice of a family law lawyer if you are unsure of how to answer the courts. When it comes to alimony modifications, the courts may rule in ways that can effect your financial future.

Pasco county divorce lawyer

Wendy Doyle is a family law attorney representing clients in Tarpon Springs, Trinity, Palm Harbor, Holiday, Hudson and Spring Hill. If you are in West Pasco or Pinellas County, getting the legal representation you deserve for modifications can be crucial to your finances and the well being of your family. Contact Wendy Doyle, Pasco County divorce attorney for a free initial consultation at (727) 824-5727 or use our form to reach out for more information.

 

 

 

Pasco County Family Law Attorney on Time Sharing & Holidays

Tips on Time Sharing & Holidays

In Florida, since 2008 during a divorce or when unmarried parents petition the courts to determine parental responsibility and court orders, child custody is a concept that has been abolished. Joint or sole custody has been replaced by majority time sharing and equal time sharing. Florida courts require that parents fill out parenting plans, which makes clear a plan and calendars for how time will be shared between fathers and mothers. Children who share time with both parents will likely alternate holidays on an even-odd year calendar, meaning one year one parent will have Christmas and one will have Thanksgiving and the following year they will alternate holidays. Parents can also agree to any type of parenting plan and holiday schedule based on their needs and the needs of the children. Time sharing attorney Pasco County FL

Holidays and Parenting Plans

Holidays can be an extremely emotional time for both parents and children of divorced or unmarried parents who are time sharing, especially if there is a great deal of conflict. Many parents are capable of putting their differences aside to ensure that their children are comfortable and can enjoy this time with both parents, unfortunately this is rare. If you are unable to come together for the children, or if logistics just don’t support doing celebrating together,  you can still make holiday time sharing a relaxed and positive experience for the children by limiting conflicts and encouraging the children to enjoy their holidays.

Reducing Conflict During the Holidays

There are many ways that you can avoid conflict during the holiday timesharing and help your children adjust. Remember, with a little encouragement, and if children feel that you are at ease when they leave to spend holiday time with Mom or Dad, they too generally feel more at ease. If you know you have high conflict with then you can prepare and make choices ahead of time that will help to avoid stress. Limiting contact with the other parent and keeping it about the children is advised.

Remember, especially small children are still continuing to bond with both mom and dad. Doing anything to hinder that bond can have long term consequences. A few simple choices can make a big difference in your stress level, and most importantly their stress level.

  • Communicate via email to arrange pick up times and places or to resolve conflicts
  • Don’t engage in any conversations that may escalate emotions or conflict
  • Encourage the children to enjoy their time with Mom or Dad
  • Do not entertain refusing time sharing during the holidays because of your emotions

Modifications of Time Sharing Pasco County

If you have real concerns about your current time sharing schedule or if there are real concerns about the welfare of your children since the final agreement on time sharing, follow the current court order and hire a family law attorney to petition the Pasco County, Florida Courts for modification of time sharing or other relief or assistance. Remember, there must be a substantial change of circumstances but a skilled Pasco County Florida child custody lawyer can advise you based on your unique circumstances.

Note: Several Florida courts have found that equal time-sharing does promote the parent-child relationship. However, there should not be a presumption in favor of equal time-sharing arrangements. Rather, the court can consider the benefit of an equal time-sharing arrangement if it is in the child’s best interests to do so.

If you need assistance, contact Wendy Doyle, family law attorney in Pasco County for a free initial consultation at (727) 824-5727.

Love Your Lawyer Day

It’s National Love Your Lawyer Day on Friday November 6, 2015

Yes. You read it right. For the past 15 years, the first Friday of November has been designated National Love Your Lawyer Day! This means that the best lawyers nationwide will get some well deserved attention for the work they do to ensure justice is served.

It’s true that for many years, lawyers everywhere have been the brunt of jokes, mainly because of poor public perception. But, the real truth is, is that without lawyers, people who need attorneys to protect their rights in divorce and family law cases might not otherwise get the help they need.  Doyle and McCabe has spent over 20 years providing legal representation that gets results for those who cannot properly defend themselves or realize justice in Florida family courts and personal injury lawsuits.

American Bar Association Law Practice Division Council

November 6th 2015 Lawyer Bashing is Banned

NOW, THEREFORE, BE IT ENACTED by the American Bar Association Law Practice Division Council:

SECTION 1. The first Friday of November be recognized and celebrated as “Love Your Lawyer Day”, a day for the public to celebrate lawyers and express their gratitude to them for their affirmative contributions to the public good and the administration of justice.

SECTION 2. Lawyers throughout the nation are urged to celebrate “Love Your Lawyer Day” to help promote a positive and more respected image of lawyers and their contributions to society and that they do so by providing pro bono legal services to their communities and supporting charitable causes that promote the administration of justice.

Let The Law Firm of Doyle & McCabe Fight for You

Divorce Lawyer Wendy Doyle  fights tirelessly for the rights of her clients in Florida family law cases such as in divorce, child custody cases, child support cases, high asset divorce cases and domestic violence cases in Pasco County including Tarpon Springs, Palm Harbor, Holiday, Spring Hill, Hudson and also in Pinellas County. Kelly Ann McCabe is a tenacious personal injury and criminal law lawyer who diligently fights and protects  her client’s rights in Pinellas County, Florida.

On Friday, November 6th, 2015 take a minute to post a message on Twitter or Facebook with a hashtag #LoveYourLawyerDay  #DoyleandMccabe.  Join others nationwide who appreciate and recognize the important role lawyers play in your life!

 

10 best top pasco county family law attorneys wendy doyle

 

 

 

 

Divorce and Family Law Resources

Divorce and Child Custody Attorney Wendy Doyle offers the following resources for divorcing parents in Florida.

Top 10 Tips for Divorcing Parents – by Marilyn Wedge Ph.D. – Ten tips to help your children navigate during the trials of divorce. Source: Psychologytoday.com

Children’s Rights Council – The Children’s Rights Council is a national organization dedicated to helping divorced, separated and never married parents remain actively and responsibly involved in their children’s lives.

National Parents Organization – National Parents Organization improves the lives of children and strengthens society by protecting every child’s right to the love and care of both parents after separation or divorce. NPA promotes shared parenting, gender equality and respect for human and property rights.

Divorce Manual: A Client Handbook – The Academy was founded in 1962 “to encourage the study, improve the practice, elevate the standards and advance the cause of matrimonial law to the end that the welfare of the family and society be preserved.” Helpful publications about the divorce process with additional information on prenuptial agreements and estate planning matters.

Talking Parents – High Conflict Divorce Resource for parents. Courts can order parents to communicate exclusively through this free service. Parents do not need each other’s telephone numbers, email addresses, or any other actual contact information to communicate through TalkingParents.com.

Our Family Wizard – Offers divorced or separated parents, children and third part tools to easily schedule and track parenting time, share important family information, manage expenses as well as create an accurate, clear log of divorce communication.

Pasco and Pinellas Circuit Court Information

Thirteenth Judicial Circuit of Florida – The website for the Thirteenth Judicial Circuit (Hillsborough County) which includes forms and judicial information.

Sixth Judicial Circuit of Florida – The website for the Sixth Judicial Circuit (Pinellas & Pasco Counties) which includes forms and judicial information.

Wendy Doyle is a Family Law Attorney serving clients in Pasco County and Pinellas County, Florida.  Divorce Attorney Doyle offers free initial consultations in Pasco County, Florida. To schedule a consultation, please call (727) 824-5727

 

 


Domestic Violence Awareness Month October 2015

October is Domestic Violence Awareness Month

Domestic Violence Awareness Month (DVAM) evolved from the “Day of Unity” held in October 1981. and Conceived by the National Coalition Against Domestic Violence,  the intent was to connect advocates across the nation who were working to end violence against women and their children. Did you know that 1 in 4 women will experience domestic violence in their lifetime? Many are silent and are in fear of not only being physically abused, but some abusers use children (when the are present) and often threaten to take the children away from them.
 Pasco county attorney restraining orders
If you are a victim of domestic violence, you need to take immediate precautions and call 911 for help. There are many resources for victims of domestic violence.  You are not alone.  If you need to obtain a domestic violence restraining order or injunction in Pasco County, Florida, call  Family Law Attorney Wendy Doyle at (727) 824-5727 or call the National Domestic Violence Hotline at 1−800−799−7233 or TTY 1−800−787−3224.

Domestic Violence and Men

According to the CDC, one in seven men age 18+ in the U.S. has been the victim of severe physical violence by an intimate partner in his lifetime. One in 10 men has experienced rape, physical violence, and/or stalking by an intimate partner.

 

Experienced, Aggressive, Compassionate – Call Wendy Doyle, Pasco County Family Law Attorney

If you are married to an abusive spouse and need the help of a Pasco County divorce attorney to help you obtain an . If you want to get a restraining order in Tampa Bay, including New Port Richey, Port Richey, Hudson, Tarpon Springs, Land O Lakes call Pasco County family law attorney Wendy Doyle of Doyle and McCabe.

Watch our Video About Divorce and Domestic Violence Restraining Orders
http://wrdlaw.com/how-to-work-with-restraining-orders-in-domestic-violence-cases/

Read more about Florida Statutes regarding domestic violence injunctions on Google Blogger.

Two Florida Fugitives Wanted On Child Sex Assault Charges Arrested In Colorado

On Thursday, a husband and wife were taken into custody by Fremont County authorities and federal agents. They were wanted on child sex assault charges and were arrested near Florence.

The county sheriff’s office told that Douglas and Leah Manning were arrested at a campground north of Florence without incident.

The couple is being held at the Fremont County jail on the Florida accusations.

Douglas Manning is accused of lewd behaviors on a child and 2 counts of sexual assault on a child. Leah Manning is charged with neglect of a child, sexual assault on a child and lewd behaviors on a child.

The sheriff’s office told that the Mannings are being held without bond.

The office said deputies helped U.S. Marshals take them into custody.

News Source: www.DenverPost.com

Settlement Reached In Florida Parasailing Accident Lawsuit

PANAMA CITY, Fla. – A settlement has been reached in a case over a parasailing accident that happened in 2013 due to which two Indiana teens sustained life-threatening injuries.

The 2 teens, Sidney Good and Alexis Fairchild both 17-year-old, were parasailing when their parasail broke loose from a motorboat in Panama City, Florida, in July 2013. The girls were taken into the air by high wind, and into a hotel balcony before they fell hard on top of several parked motor vehicles.

Lawyers for both families say the settlement is confidential but the amount of money is same for both girls.

The defendants in the suit include the parasailing company, the rental company, the tow rope manufacturer and the wholesaler of the tow rope. The condominium where the girls were staying is also part of the settlement.

There have been smaller suits settled in many cases but this suit against Treasure Island Resort is one of the biggest in terms of finance as the company has the deepest pockets.

According to the lawyer of one girl, the money received will assist keep the girls secure for the rest of their lives, although the other lawyer said that it is not a windfall, as the teens face a lifetime of challenges due to serious injuries they sustained in the accident.

Alexis said that she remembers everything and captured the horrifying moments on videotape when the parasail carrying her and Sidney broke free. She added, “I saw the video and I was like, ‘That’s not me'”.

Both girls were swept away in strong winds topping 31 miles.

According to Sidney Good’s lawyer, Wes Pittman, “One of the crew members jokingly said ‘you aren’t afraid of a little lightning, are you?’ And he put his rain coat on”.

Alexis said, “I remember everything up until hitting the building and then landing”.

While coming downward, they struck power lines and crashed in a parking lot. Both girls sustained serious brain injuries from the fall, and to this day face ongoing medical challenges and pain due to the suffering.

Sidney’s family filed suit and on Monday, her father Eric Good learned that there was a settlement.

Wes Pittman, their lawyer said, “The girls are taken care of, as well as money that can take care of them and they have reasonable futures ahead of them”.

Sidney is in cosmetology school and still has medical challenges because she is not fully recovered. According to her doctor, she has very narrow tunnel vision and double vision that is offset meaning she sees one image dropped below the other. Surgery has not succeeded in making it like before.

Sidney said, “I am a little bit angry, but then when I do get angry, I have to think that I am walking, I’m talking, I am alive… because I’m not supposed to be.”

Alexis is attending Ivy Tech in Fort Wayne. Her mother said that she is in constant pain, but sees some positives in the journey, including new regulations for the parasailing industry in Florida. Alexis would like to become a physical therapist in future.

Alexis added, “I’m getting closer every day. I have a brain injury, so, I mean, things are a little off sometimes; people walk up to me, they are like, ‘How are you?’ and I’m like, ‘Do I know you? What do you mean? What’s happening with that?’ But for the most part, everything is good”.

Angie Fairchild said of her daughter, Alexis, “It’s unfortunate that she has to be in pain every day. Nothing is going to be over for her”.

Debi Chalik, a lawyer who is representing the Fairchilds said, “This is not a windfall for Alexis. This is to take care of her basic needs into the future. This is not a lottery; we are going to stretch this as long as we can to take care of her basic needs”.

The payout also served notice and informed to other beachfront properties.

Pittman also said, “Other resorts now, according to what I know, are sitting up and taking notice of this and they are going to be much more attune to their guest safety”.

Due to the serious incident, the girls lobbied to alter the Florida law. Now, Florida parasailing companies must have basic insurance and high wind restrictions for the safety of individuals and to avoid such incidents. One of the issues in this case was the girls were too close to shore to land back in the water. They forced for a “distance from shore” restriction, but that failed to pass.

So everyone for the Spring Break must realize that resorts may be more diligent but safety precautions are recommended to all for parasailing as they are still not in force.

News Source: WTHR

2 Dead And 4 Arrested After Florida Crime Spree

HAINES CITY, Fla. – On Friday, 4 suspects were taken into custody for a crime spree that began with a pawn shop robbery, led to a shootout with a cop and resulted in the death of a 72-year-old woman and her daughter.

34-year-old Michael Gordon was charged with two counts of first-degree murder on Friday. He also was charged with armed robbery and attempted murder on a law enforcement officer, along with 22-year-old Devonere McCune, 25-year-old Jovan Lamb and 29-year-old Terrell Williams.

Detectives were struggling to know if there was a prior relationship between the suspect and the 2 murder victims, Patricia Moran and her 51-year-old daughter, Deborah Royal.

According to Polk County Sheriff’s Office spokeswoman Carrie Horstman, “We don’t know yet”.

On Thursday, the crime spree started on evening with a robbery at an Auburndale pawn shop. Individuals who saw the whole scene live told that 3 men wearing hoodies robbed the store while one man waited outside in a red GMC Jimmy.

According to Polk County Sherriff Grady Judd, an officer in nearby Haines City saw the vehicle and when he tried to stop it, the suspects began firing at the officer’s patrol car from their SUV. The officer didn’t sustain any injury in the accident.

The vehicle eventually became stuck in some sand and all 4 individuals escaped on foot. Authorities caught up with McCune when he was bitten by a Sheriff’s Office K-9.

After sometime, a resident reported some suspicious activity at a neighbor’s house.

Authorities approached the house and saw a blue car came barreling out of the garage straight at them. Judd told that officers fired “many times”. The vehicle went a short distance before it also got stuck in sand. Gordon was the only individual in the car and was taken into custody. He suffered gunshot wounds and bites from a K-9. His injuries were not critical.

Dead bodies of Moran and Royal were found by the police officers inside the house.

Authorities took Lamb and Williams into custody on Friday Morning.

Deputies found Williams under a tarp in a shed in the backyard of a nearby home. Lamb was caught earlier walking in a backyard. After some time, one of the men had knocked on the door of a woman’s home; he said that he is a police officer. When the woman saw from a glass door it was not an officer and when he asked to use her phone for a call, she shut the door and called 911.

News Source: www.NewsOK.com

Florida Dad Accused Of Throwing 5-Year-Old Daughter Off Bridge

On Thursday morning, a police officer who was not on-duty was going home from job when he said he saw a horrific crime.

A white PT Cruiser travelling at high rate of speed passed his motor vehicle; the driver was driving erratically at the speed almost 100 mph. The officer pursued the vehicle for a short time, it was a brief chase. The car stopped on the Dick Misener Bridge in St. Petersburg, Florida.

Police spokesman Mike Puetz told PEOPLE, “The man reached into the back seat and grabbed the girl. Then he threw her over the railing and into the water”.

The officer said he heard a splash as the girl fell 62 ft. into the water below. He radioed for assistance and climbed over the railing himself, hoping to rescue the child by himself but he didn’t succeed.

The officer added, “He climbed down a ladder down one of the pylons. He couldn’t see her, because the current is extremely strong there”.

Rescue searchers approached the scene within a short time and asked 2 fishermen for help in finding the girl.

Bobby Hay, one of the fishermen, later told the reporters, “He said, ‘You know these waters – take me to where you think she’ll possibly be. So we ran right over where the tide was going one way and the wind was breaking the opposite way. That’s where I thought she’d be. We weren’t far off”.

There they found 5-year-old Phoebe Jonchuck and she was not breathing. She was taken to a nearby hospital by ambulance but did not survive.

A source in the Medical Examiner’s office told PEOPLE that they will perform an autopsy on Thursday to know if the reason of the death was the water or she was killed by the fall.

Meanwhile, other cops caught up with the man in the PT Cruiser. They took John Jonachuk, Phoebe’s biological father into custody. He was charged with first-degree murder, aggravated fleeing and eluding, and aggravated assault with a motor vehicle on a law enforcement officer.

On Thursday afternoon, he is summoned for his bond hearing.

The reason why the man did that is not known and the police also have no idea why he did that.

Puetz added, “You just can’t get inside someone’s head to know why they’d do that. It’s just tragic”.

News Source: www.People.com