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Spring is in the air! And, as ever, the Section is hard at work.
You may be asking, what does the Section really do? Or, what can the Section do for me? Or, what are the benefits of Section membership and involvement? The simple answer is, plenty, just dive in! đ
Letâs talk about CLEâs, for instance:
Thanks to Jamie Epstein, Esq., of Chorowski, Clary, Saoji and Epstein, PA, and the leadership of the CLE Committee (Anastasia Mahone, Esq., Alexander Bottone, Esq., Michael Mendoza, Esq., Gina Szapucki, Esq., Phil Schipani, BCS, and Kristin Kirkner, BCS) for their hard work! We have had a fantastic line up of CLEs this year, and we have plenty more to come. On April 10, 2025, at noon, Alex Diaz, Esq., of Freeman Mathis & Gray, LLP, along with moderator, Yolanda Fox, Esq., is presenting on âMalpractice and Professional Negligence.â Alex will discuss how to best position yourself to avoid and defend legal malpractice complaints. On May 8, 2025, at noon, the Appellate Committee is presenting its annual appellate practice CLE, entitled âStatutory Interpretation in Florida Family Law Cases,â a roundtable discussion with Judge Adam Tanenbaum of the First District Court of Appeal, Robert Scavone, Jr., Esq., of Florida Appeals, Erin Pogue Newell, Esq., of Open Book Appeals, Shannon McLin, BCS, of Florida Appeals, Matthew Thatcher, BCS, of Solomon Law Group, and Christie Lou Mitchell, BCS, of CLM Legal, along with moderator, Jennifer Patti, Esq.. And, lastly, to round out this bar cycle, on June 12, 2025, at noon, and as a Section service CLE (free of cost), Philip Schipani, BCS, of Schipani, Norman and McClain, PA, and John Lesko, Outreach Coordinator of Florida Lawyers Assistance, along with moderator, Tiffany Mody, Esq., will present on substance abuse issues in the practice of family law. You do not want to miss these presentations. You can check out more information about the CLE HERE.
Letâs talk about Legislation, for instance:
Thanks to Michelle Klinger Smith, BCS, of Michelle Klinger Smith, PA, and Kimberly Rommell-Enright, Esq., of the Legal Aid Society, and the leadership of the Legislation Committee (Kristin Kirkner, BCS, William âTraceâ Norvell, Esq., Anya Cintron Stern, Esq., Jennifer Patti, Esq., and Trisha Armstrong, Esq.) for their hard work. The legislative session is in full swing â the session convened on March 4, 2025, and the 60th day (marking the close of session) is rapidly approaching on May 2, 2025. The Section, through its Legislation Committee, works with its lobbyist and Representatives and Senators in Tallahassee shaping the law that we practice daily. Moreover, Committee Members are called upon to review, revise and draft bills, meet with members of the House and Senate and their legislative aides, and testify before House and Senate Committees on various family law issues. You can check out more information about the Legislation Committee HERE. A special thanks to Lisa Hurley, Esq., of SBM Partners, Inc., our Section lobbyist, and Sarah Bascom, of Bascom Communications, our Section publicist.
Letâs talk about Publications, for instance:
Thanks to Chelsea Miller, Esq., of Rossway Swan PL, and Anya Cintron Stern, Esq., of the Law Firm of Anya Cintron Stern, and the leadership of the Publications Committee (Carolyn Ware, BCS, Michael Mendoza, Esq., Zoe Chaitoff, Esq., Alexander Bottone, Esq., and Amanda Tackenberg, Esq., for their hard work. This Committee is responsible for our monthly FAMSEG electronic publications (which you are presently perusing đ), our quarterly Commentator, glossy handheld magazine, and the review and editing of Florida Bar Journal Articles. Thanks to this Committee, we are on track to produce four (4) Commentators this year! You can check out more information about Publications HERE, And, if you unfortunately missed an issue (of any of our publications), have no fear, prior issues of our publications are chronicled and available at the same URL address.
Letâs talk about the other Committees, for instance:
Our remaining Operational Committees include: Diversity and Inclusion; Finance; Long Range Planning; Marital & Family Law Review Course; Membership; Nominating; Rules & Forms; Sponsorships; and Technology. Our Substantive Law Committees include: Alternative Dispute Resolution; Appellate; Childrenâs Issues; Domestic Violence; Equitable Distribution; Non-Attorney Professional Outreach; Magistrate & Hearing Officers; Special Needs; and Support Issues. And, our Ad Hoc Committees include: Bylaws; Guardian Ad Litem; Health & Wellness; Judicial; Trial Advocacy; and Trauma Informed Courts. As a member of many of these committees over the past two (2) decades, I know personally the important work that each does, and I am grateful to Leadership and Members alike for devoting their time to the Section and its Committees. More information about all of committees is found HERE.
Now, letâs talk about fun:
The Sectionâs Annual In-State Retreat is coming up soon! Register now! Rooms are filling up quickly, and only a few remain! This year, we are at W Fort Lauderdale on May 1-4, 2025, and the theme is Beachfront Zen. The Retreat is chaired by Jamie Epstein, Esq., Kristin Kirkner, BCS, & Yanae Barroso, Esq., along with Willie Mae Shepherd. The retreat will include most meals, multiple cocktail receptions, on-site activities, a CLE, a special event at Xtreme Action Park, and dinner at STK954. (Check out our detailed brochure HERE.) As you may know, the retreat coincides with the annual Air and Sea Show on Fort Lauderdale Beach â providing optimal viewing and excitement as the jets fly overhead. Make this year the year you make the most of your Section membership. Register today. This is a family friendly event so bring the kids and the fur-babies. A special thanks to our many sponsors: Sapphire Sponsors â Apicella Law Group, PA, Rachel Silverman, Psy.D., and Soberlink; Cocktail Sponsors â Milestone Reporting and The Virga Law Firm; and Breakfast Sponsors â Kaufman Rossin and Rossway Swan P.L. It is through your generosity and Section support that we can plan all we have planned for attendees! Thank you.
Following the retreat, join us â your friends, family and colleagues - at The Florida Barâs upcoming Annual Convention which will round out this bar cycle and start the next on June 25-28, 2025. We are in Boca this year at The Boca Raton for our Section committee meetings, Executive Council Meeting and the Annual Awards and Installation Luncheon. This, too, is an event not to be missed. Attending the meetings and luncheon is a great way to mix and mingle with Section members. A shout out to our annual sponsors: Signature Sponsors - Florida Appeals, Schipani, Norman & McLain, PA, and Smolin â Advisory, Tax, Accounting; Platinum Sponsors - Ari Harper, CPA and OurFamilyWizard; Gold Sponsors - DPA Family Legal and Freeman Mathis & Gary, LLP; Silver Sponsors - Green Cardigan Marketing and Psychological Affiliates; and Bronze Sponsor- Milestone Reporting Company. I appreciate each of you and your willingness to support the Family Law Section and the great work it does. Thank you.
Lastly, I have tasked Holly Clark, our webmaster, and Julie Mullen, our marketing and social media guru to work with Sarah Bascom and her team to create a new webpage for the Sectionâs website. We are currently workshopping names for this page. The goal is to have a central depository where we store press releases and press coverage chronicling the fantastic work that the Section does. I believe it is important to maintain this information for future generations of Section members and I am excited to see the final product! I hope you enjoy it too, once live.
Until next time,
Christopher W. Rumbold, B.C.S.
Section Chair, 2024-2025
| | Upcoming Section Events & Deadlines | | | | |
CLE Webinar: Fee Arbitration/Malpractice
Presented by Alex Diaz
| | | | | Nominations for the 'Alberto Romero Making a Difference Award' are Due | | | | | |
In-State Retreat
W Fort Lauderdale Hotel, Fort Lauderdale, Registration opening soon!
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The Florida Bar Annual Convention
The Boca Raton
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Trial Advocacy Workshop
JW Marriott Miami
| | | In-State Retreat: Sun, Sand & Serenity | | 'Alberto Romero Making a Difference Award' Nominations due May 1 | | |
Do you know a Family Law Section member (attorney, member of the Judiciary, Non-attorney professional/affiliate, etc.) who is truly making a difference in the lives of Floridaâs families through pro bono work or significant community involvement, and who deserves recognition for their incredible commitment? If so, we encourage you to nominate them today for the prestigious 'Alberto Romero Making a Difference Award.'
Click HERE for criteria and the nomination form. The deadline for submissions is May 1, 2025.
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An Intercultural Exchange on Ramadan
By: Shana Carson and Taghrid G. Hassan
âO you who believe, fasting is prescribed for you as it was prescribed for those before you (Jews and Christians), that you may develop God-consciousnessâŠâ (Quran 2:183)
I recently drafted a parenting plan for a Muslim family, careful to take into consideration all the information I knew about this unique family and what their post-dissolution life with children would look like. When I presented the proposed timesharing schedule, my client provided her feedback and said, âIt looks good, but you got all my holidays wrong.â The client explained which Muslim holidays were important to her family, specifically Ramadan which culminates on Eid-al-Fitr. I inquired how the family celebrates this month and the Eids (Arabic for âFestivalsâ) and we incorporated them into the parenting plan. My client was appreciative that this holiday of special significance was addressed and that I cared enough about her family to learn about her traditions.
I reached out to my colleague on the Diversity and Inclusion Committee, Taghrid Hassan, who agreed to enlighten me on the importance of Ramadan, which began on March 1st of this year, and to illuminate me on the significance beyond words on a parenting plan.
For Muslims, Ramadan is seen as a gift from God and an opportunity to renew their relationship with God and to seek His repentance. Muslims believe that the Holy Quran was revealed during this holy month and that the mercy and blessings of God are multiplied for believers who fast with faith.
Muslims refrain from food, water, and intimate relations from sunrise to sunset for this month. The obligation to fast begins at puberty, however, Muslims begin âtrainingâ their children from ages 8 or 9 to fast part of the day to build their stamina. The ability to fast helps with controlling urges, increasing mindfulness and focus on being God-conscious. Also, the pangs of hunger and thirst increases compassion for those who are truly without food or water. Therefore, acts of charity and donations to the needy increase substantially. During the month of Ramadan, Muslims focus on elevating their humanity and the power of their spiritual connection with the Divine.
During Ramadan, Muslim families generally gather with friends and family or go the mosques to break their fasts. They may also pray the special Ramadan nightly prayers called Taraweeh where the Holy Quran is recited over the course of the month by learned scholars called a Hafiz who have committed the entire Quran to memory.
At the end of the month of March, Muslims celebrate and feast during Eid-ul-Fitr (Festival of Breaking the Fast) with family gatherings, gift exchanges and coffee in the afternoon!
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Tech Tip: Make 12.285 Disclosures a Breeze with Pipefile
By Michele Lebron, Esq.
Letâs face itâFlorida Family Law Rule 12.285 disclosures are nobodyâs favorite part of the job. Between wrangling W-2s, 1099s, bank statements, credit card statements, and (donât even get me started) tax returns, gathering and exchanging mandatory financial documents can feel like herding catsâwith a court deadline looming.
Enter: Pipefile.com, your new best friend for making 12.285 compliance faster, more organized, and so much less painful.
What Is Pipefile?
Think of Pipefile as a secure, easy-to-use portal that lets you request documents from clients (or opposing counsel) in a clean, trackable format. No more chasing down PDFs buried in email threads, receiving one PDF that contains all the disclosures, or trying to decipher Dropbox links that expired three days ago. Pipefile provides you with a branded, secure link where clients can upload exactly what you requestânothing more, nothing less.
How I Use It in My Practice
In my office, weâve fully integrated Pipefile into our intake and discovery process. As soon as a case is opened, we send the client a custom Pipefile link with their mandatory disclosure checklist already built in. They can upload directly from their phone or computer, and the system keeps them (and us) on track with automatic reminders.
We can instantly see whatâs missing, review uploads in real-time, and download a neatly zipped file when weâre ready to serve. It has seriously improved our workflowâcutting down on the usual back-and-forth and giving my paralegal her sanity back.
Why Itâs a Game-Changer for Family Law
Family law clients are often overwhelmed, struggling with the emotional ups-and-downs of their matters, and not always tech-savvy. Pipefile keeps it simple. You can create a checklist of documentsâlike three months of bank statements or a recent credit reportâand Pipefile gently nudges your client until each item is uploaded. You get a dashboard that shows you whatâs missing, whatâs been submitted, sends notifications, whatâs ready to send across the aisle, and ensures everything is secure and organized. No more mystery folders or frantic calls asking, âDid they ever send that statement?â
Itâs also secure and encrypted, which checks all the boxes when it comes to ethical handling of sensitive financial information. Plus, Pipefile automatically notifies you and your client when something is uploadedâno more guesswork.
Bonus: You Will Look Like a Tech Genius
Clients love it. Opposing counsel will ask what tool you're using. And you get to spend more time lawyering and less time playing digital detective.
Ready to Change your Paralegalâs life?
Pipefile is efficient, client-friendly, and makes you look like a tech-savvy superstar. Consider exploring it as an option to streamline your 12.285 process today.
Trust me, your clients (and your paralegal) will thank you.
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Case Law Update
Alvarez v. Stochetti, 50 Fla. L. Weekly D620a (Fla. 3d DCA March 12, 2025)
By Reuben A. Doupé, Esq., BCS
A case of first impression has come out of the Third DCA. It seems to be common practice in the financial advising industry to lure financial advisors to join a firm with a large signing bonus that is given as a loan. A firm loans the advisor a significant sum of money to invest (or spend), subject to annual repayment obligations for a set number of years (nine years in this case) with an acceleration clause in the event the advisor leaves the firm. These loans are accompanied by a bonus contract that guarantees an annual bonus to be paid to the advisor, lining up the amount and timing of the bonus with the due dates for the loan payments. In reality, this is a way to defer the tax for the advisor on the signing bonus, because there is no taxable income paid until the advisor is paid the annual bonus.
In Alvarez, the husband had only $93,000 remaining invested from his advance bonus when the action was filed. This is clearly a marital asset. The trial court, however, found that the loan payable was only a âcontingent loanâ and thus did not include the remaining sum due as a marital liability. Additionally, the trial court did not include the future annual bonus payments due under the bonus contract.
The Third District approved of the result, stating that âThe trial court correctly determined that the liability to make future payments could not be separated from the related asset of the future income stream to reimburse the payments.â This indicates that the Third District did not specifically agree with the trial court that the loan was too âcontingent;â rather, the loan payable is offset by the bonus contract receivable. For these reasons, the financial advisor spouse will retain both of these contracts with no impact on the marital estate.
Busto v. Arias, 2025 WL 854231 (Fla. 3d DCA 2025).
By Cash A. Eaton, Esq.
At trial, the court was charged with valuing the Husbandâs business. The court, as part of its methodology, took the Husbandâs $104,500 salary and deducted it as an expense, to arrive at a net income figure of $16,540.41. However, for purposes of valuing the business, the Husbandâs salary was added back, and the business was valued at $121,140.41. The Husband argued that the court was calculating his salary as both an asset and a liability of the business. Moreover, the Husband argued that his salary should not be added into the business valuation as an asset, as it represents the value of his personal goodwill.
The Appellate Court held that because neither party presented expert witness testimony regarding a method of computation, the trial court was within its discretion to âadopt a valuation that is supported by competent, substantial evidence.â That is exactly what the trial court did, as it used a legitimate method of calculating valuation known as the sellerâs discretionary earnings method. In short, this methodology adds back the discretionary earnings of a business owner to arrive at its value. Therefore, the Court was affirmed in its valuation.
The Husband also appealed the trial courtâs calculation of his income. The Husband claimed that the trial courtâs income calculation should not have included the monthly payments made to the Wife resulting in a âdouble dipâ. The Husbandâs basis for this argument is that the funds came from the Husbandâs personal account. However, the Husbandâs business records showed two separate line items, one for the Husbandâs salary draw and one for the amounts paid to the Wife as temporary support. Accordingly, the Appellate Court held that the amount paid to the Wife, from the business, should be imputed to the Husband.
Frazier v. Dodd, No. 5D2022-2478, 2025 WL 876627, (Fla. 5th DCA Mar. 21, 2025)
By Ronald H. Kauffman, Esq.
A Husband appealed the trial court's amended final judgment for dissolution of his marriage contesting, in part, the equitable-distribution scheme. Husband filed for divorce after a nine-year marriage. The trial court used the date of filing as the valuation date for the marital home based on its finding that Wife's maintenance, repair, and upkeep efforts demonstrated that she alone bore the costs of continued ownership of the marital property. Then the trial court assigned the date of trial as the valuation date for the mortgage.
On appeal, the Fifth DCA affirmed the decision to value the mortgage at the time of trial. However, the it reversed on using the date of filing as the valuation date for the marital home.
Section 61.075(7) provides that â[t]he date for determining value of assets and the amount of liabilities identified or classified as marital is the date or dates as the judge determines is just and equitable under the circumstances.â Although judges are given discretion to determine valuation dates, â[w]hen marital assets have appreciated passively since the filing date, the date of the final hearing generally should be used.â But when marital assets have appreciated due to the work efforts of either party since the filing date, the filing date should be used.
Here, Wife received assistance from Husband, who paid the mortgage on the marital home for nearly two years following the date of separation, and paid the maintenance and continued ownership of the home, which exceeded Wife's expenditures. Because the increase in the value or continued ownership of the property was not solely due to Wife's efforts, the trial court abused its discretion in valuing the marital home as of the date of separation. Reversed and remanded for further proceedings.
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