Sponsor Spotlight

This month we feature the law firm of Schipani, Norman & McClain, a firm that has supported the Family Law Section as a sponsor for many years. The firm, which was founded in 2008 in downtown Sarasota, is comprised of three partners, Philip J. Schipani, Esq., BCS, a trial attorney and member of the AAML, IAFL, Colleen Norman, a mediator and Guardian Ad Litem, and G. Rob McClain, a civil and family law trial attorney. The firm also has three associate attorneys.  Mr. Schipani has served the Family Law Section for years as a member of its Executive Council and in leadership roles on many committees including Domestic Violence, Legislation and Special Needs. Mr. Schipani focuses his practice on Special Needs cases, Hauge cases and High Net Worth cases and he presently sits on the Board of Legal Specialization and Education. We are grateful to Schipani, Norman & McClain for their years of unwavering support! If you would like to become a section sponsor, please visit familylawfla.org/get-involved/sponsors/.

Celebrating Hispanic Heritage Month and Domestic Violence Awareness Month: Addressing the Unique Needs of Latine Survivors of Domestic Violence

By Beatriz "Bettie" Collazo Alicea, Esq. on behalf of the Diversity and Inclusion Committee

As we honor Hispanic Heritage Month (September 15 - October 15) and move into Domestic Violence Awareness Month (October), it is important to recognize the unique challenges faced by Latine survivors of domestic violence. Survivors of domestic violence often face barriers to justice. Hispanic survivors face additional obstacles, including language differences, immigration concerns, and a strong emphasis on family unity that can deter individuals from seeking help. Fear of deportation and unfamiliarity with the U.S. legal system further complicate the ability to escape abusive situations.

Family law attorneys can play a crucial role by providing bilingual resources, trauma-informed care, and culturally-sensitive legal representation. Understanding immigration laws, such as U visas or VAWA protections, can be life-changing for survivors, allowing them to pursue legal protections without fear of deportation. Collaborating with local organizations specializing in domestic violence and immigrant support can provide survivors with the comprehensive support system they need to thrive.

While we celebrate Hispanic Heritage Month and Domestic Violence Awareness Month, let us also focus on what we can do to help better support our Latine survivors of domestic violence. By offering legal guidance with compassion and understanding, we can empower survivors to take steps toward safety and justice and ensure that they do not have to face these challenges alone.

Art and Music as Catharsis for Attorneys

By Sarah Sullivan, Esq. on behalf of the Health and Wellness Committee

I want to present a reminder to all attorneys to stop, take breaks, and engage in something that brings you joy—outside of your work/job/profession. For me, that is art and music. I have always been a random, abstract, creative type and some of my happiest moments are when I am immersed in art, music or theater. Utilizing the creation or appreciation of art therapeutically can ease stress, promote calm, and enhance self-awareness. If anyone needed improvement in self-awareness, it is lawyers! Art therapy can be as simple as picking up an adult coloring book with a set of Sharpies or as formal as joining a symphony choir or acting in community theatre. I grew up in a family of musicians, so it was common for my family to schlep me around to different choir practices, rehearsals and performances—providing me a roadmap on how to immerse myself in the creative world to unwind and de-stress. So here are some tips if you are looking for quick/easy/affordable ways to take a break from the grind and engage in some self-help stress management.

• Adult coloring books. You can find these anywhere and can even download free coloring sheets in a pinch. My favorites include mandalas, but there are also some humorous ones such as “Maybe Swearing Will Help” and “People of Walmart” coloring books that add humor to your art therapy. Add a pack of Sharpies and you are ready to go. 
• Find a local museum or gallery that has “free admission” nights. In my city, I like to go to the Cummer Museum of Art and Gardens. They have free admission on Tuesdays, and you get to see the inside galleries as well as beautiful gardens and sculptures overlooking the St. Johns River. You can find people strolling around, sitting on blankets, or snapping selfies amongst the beautiful surroundings.
• Creating/Painting Pottery. It isn’t just for kids! Some of my favorite memories with my children are going to pottery shops, picking out a piece to paint, then spending time making it my own. Our local place also does glass fusing--offering a cool addition or alternative to painting. Many shops offer walk-in hours, scheduled parties, or special art events to meet anyone’s schedule. 

I am certain that I haven’t necessarily provided any novel information about the need and the ways to provide self-care, but we all benefit from a reminder or a gentle nudge occasionally so that we can take some time away from the stress of practicing to immerse yourself in something beautiful!

Tech Tip: Discovering Context with Excel Timelines

By G. Robert McLain, Esq.

Lawyers are often presented with large volumes of evidence and conflicting versions of events from witnesses. Timelines are an essential method for sorting through and organizing what can otherwise be an overwhelming amount of information. Although there are several excellent specialized products for creating timelines, one of the best tools is almost certainly already on your computer. Microsoft Excel is my go-to choice for creating timelines.  At no additional cost beyond the standard Office 365 subscription, it has a low learning curve (for timelines, at least) and provides tremendous flexibility. Having said that, I start with the same basic timeline format, which I have saved as a template, and then adjust it as needed. Here’s how to do it on a Mac (it’s a similar process on Windows):

1. Open Excel and create a new, blank spreadsheet. 
2. To ensure you can see what’s in each cell without having to click on it or expand it, click Edit->Select All, then click Format-Cells, then check the box for “Wrap Text.”
3. Now create your column header formatting: select the entire first row by clicking on the “1” in the numbered rows. Either click the icon for bold font, or click Command+B (Crtl+B on Windows). This will make your Column Headers bold. 
4. Next, add your column headers. These are the ones I use in my basic template: a. Column A: Date. Always. b. Column B: Event. A description of the event. For example, date of filing, Husband texts Wife to say he’s too poor to pay support, Husband dines at Guy Savoy in Paris, etc. c. Column C: Source. Where you found the information. This is a great way to keep track of your evidence, so the more specific you are, the better. Sometimes I start with less specific information, then add a new entry or edit the old one as better information is available. For example, if my client tells me her allegedly broke Husband bought a new Porsche, I create an event entitled “Husband buys Porsche” with “Per Wife” as my source. When I find the credit card statement where he made the down payment on his Amex so he could get points, I add “July 2024 Amex Statement.pdf, page 5” as my source. You can also use bates numbers. Just make sure you know where to find the information again. d. Column D: Notes. This is where you keep track of why you think something is or might be important. Sometimes you’re not sure – this will help you keep track of your thoughts and suspicions.
5. Save your Timeline as a template so you can re-use it. File-> Save as Template.

You can add columns as needed. For example, in some cases you may want to track dollar amounts spent so you can get a picture of how much someone was spending at a specific time. Once you’ve chosen your columns, start adding events based on the evidence you’ve received. Don’t worry about putting entries in chronological order yet. Excel can do that for you when you’re done entering data, and that is where the contextual magic happens. Click column “A” to select the date column, then click the “Filter & Sort” button, and select “sort oldest to newest” and select the option to expend the current selection when prompted. Excel will put all of your data in chronological order, yielding an evidence-based timeline of events, and putting evidence from multiple sources in context with one another. You may be surprised at what you discover that you hadn’t yet gleaned from your evidence.

Case Law Update

Knott v. Knott, 49 Fla. L. Weekly D1842a (6th DCA September 6, 2024); 2024 WL 4095800

By Reuben A. Doupé, Esq.

Two months ago, we reviewed MacPherson v. MacPherson, 2024 WL 2097928, and discussed the bright line rule concerning the date of identification of assets for purposes of equitable distribution. See Florida Statutes §61.075(7). In Knott, the Sixth District takes this analysis one step further to clarify how this law applies to after acquired assets. After acknowledging the “cut-off” date, the Sixth District holds, “a trial court may not classify an asset purchased after the filing of the petition as marital.” In Knott, the specific issue was related to the acquisition of two motorcycles valued at $32,000. 

Find comfort in this straightforward rule. If an asset is not owned by either party at the time of filing the dissolution action, it is not and cannot be a marital asset. There are further questions, however, which are not addressed in either Knott or MacPherson.  If the motorcycles were purchased with marital cash, what happened to the value of the marital cash? We are all aware of the law concerning dissipated marital funds, if they no longer exist at the time of trial, they cannot be included in equitable distribution unless the requesting party shows intentional post-filing dissipation, subject to the post-filing dissipation standards. Does this mean that the marital cash cannot be included because it was spent? Further, if the new post-filing asset is cash, can it become marital cash if it is commingled in a marital bank account? Stay tuned as the District Court’s feel out how to address the application of this bright line rule. 

Davis v. Davis, 2024 WL 3381526 (Fla. 5th DCA 2024)

By Cash A. Eaton, Esq.

In Davis, the parties were divorced in December of 2008. They represented themselves during those proceedings. At the time of the divorce, they had two minor children. The parties’ final judgment incorporated a marital settlement agreement that the parties had jointly drafted. Section 10 of the marital settlement agreement, entitled “Secondary School Expenses,” stated:

“The parties agree that the Husband will be responsible, above and beyond the standard monthly child support, for 50% of any secondary educational tuition and/or related expenses for all of the children. Should one of the children not attend a secondary educational institution prior to the age of twenty-one (21), the Husband is relieved of this financial responsibility for that child.” (Emphasis added.)

In March of 2023, the Former Wife filed a contempt motion, alleging that the Former Husband had failed to comply with the above provision by refusing to provide any reimbursement for the eldest child's college tuition and expenses. The Former Husband's argument was that provision did not require him to pay half of the child’s college expenses because college is “postsecondary education,” as opposed to “secondary education.” The trial court issued a written order granting the motion and finding that the disputed provision applied to college and not secondary school.

The Appellate Court reviewed the plain language of the parties’ agreement. It found that there was no ambiguity in the plain language of the agreement. The term “secondary school,” is defined by the Merriam-Webster Online Dictionary as a school “intermediate between elementary school and college and usually offering general, technical, vocational, or college-preparatory courses.” Therefore, it was error for the trial court to interpret the provision as applying to college expenses. Accordingly, the trial court was reversed.

Beans v. Beans, 1D2021-3358 (Fla. 1st DCA 2024)

By Ronald H. Kauffman, Esq.

A trial court reduced former husband’s alimony from $3,000 to $1,869 per month. The former husband appealed arguing that the alimony award created a significant imbalance in their respective net incomes and also exceeded his income surplus, forcing him to deplete his savings.

The First District distinguished between an original award of alimony and a modification. Original awards of alimony assess actual need for alimony and ability to pay alimony. After finding need and ability, the court must consider relevant statutory factors.

However, modifications of alimony are governed by section 61.14, which gives trial courts jurisdiction to make orders as equity requires, with due regard to the changed circumstances or the financial ability of the parties decreasing, increasing, or confirming the amount of separate alimony provided for in the agreement or order.

Finding section 61.14 is exclusive in its application to modifications, the court held section 61.08’s factors are not required or always relevant in modification cases. Former Husband’s primary argument, that modification left an income differential that failed to comport with the comparative net-income limitation of section 61.08(9) was not applicable in a modification case, and the final order was not otherwise so “arbitrary, fanciful, or unreasonable” as to be an abuse of discretion.

In this case, the former husband's financial outlook was not severe and the trial court had reduced his alimony payment by nearly 37 percent. While the trial court did not contemplate or require the former husband to function with no income, drain his bank accounts, take out a loan, or exhaust his other assets, the former husband’s complaint is that despite the modification, he will have to draw on some of his positive net worth, and not just his income, to cover his revised obligation.