Judge Michael Davis, Judge Maria Weekes, and Board Certified Attorney Andrew Wilson will participate in a fireside chat format wherein Tina El Fadel as the moderator will ask specific questions to the panel regarding complex discovery issues in family law cases.. 1 CLE Credit.

12:00 PM – 12:05 PM

Opening Remarks

Tina El Fadel, Esq., Boca Raton

12:05 PM – 1:00 PM

Questions presented to the Speakers in a Q&A format regarding complex discovery issues in family law (questions will be preselected by program chair(s)

Judge Michael Davis

Judge Mariya Weekes

Andrew Wilson, B.C.S.

1:00 PM – 1:10 PM

Q&A from those in attendance

1:10 PM – 1:15 PM

Closing Remarks

Holiday shopping for your favorite family lawyer? Look no further than the Family Law Swag Shop!

From tees to totes, and mousepads to mugs, we've got some great Section swag just in time for gift-giving season.

And, you can choose standard or special edition!

🎁 Standard Section Swag - CLICK HERE

🎁 50th Anniversary Edition Swag - CLICK HERE

Happy Shopping!

Our first two Trauma Informed Courts Workshops in Jacksonville and Gainesville were extraordinarily insightful as to the importance of how and why creating partnerships between local courts, local practitioners, and local therapeutic resources is so critical. We are truly grateful to our partners at OSCA and to the many members of the judiciary and local experts who are supporting this initiative. Orlando and Daytona Beach - we're coming to you next!

ORLANDO/KISSIMMEE - Wednesday, Dec. 13 at the Embassy Suites by Hilton Orlando Lake Buena Vista South. Learn more and register → https://web.cvent.com/event/d95c23d0-a258-4710-b41f-8ecf50635870/summary

GAINESVILLE - Thursday, Dec. 14 at the Volusia County Beach Safety Headquarters. Learn more and register → https://web.cvent.com/event/1f9b11f7-745e-442f-8a80-781e1c42c043/summary

8.0 CLE / CJE credit applied for.

The workshop is focused on learning more about trauma in families and to children, what we can do to stop it, and how we can foster resiliency. We can’t do this in silos. We must all work together to help families get to a better place, and most importantly to help give children a future they deserve.   

This unique conference shows the necessity of forming partnerships between the Courts (Judges, General Magistrate’s, Child Support Hearing Officers, Case Managers. Clerks, Self Help Programs, etc.) Family Law Attorneys, and local resources (Psychologist, Counselors, Programs, etc.) and is designed to foster these partnerships.

Additional locations and corresponding dates are below, with registrations opening soon:

March 25, 2024 – Fort Walton Beach

March 27, 2024 – Tallahassee

April 16, 2024 – Palm Beach

April 17, 2024 – Fort Lauderdale

April 18, 2024 – Miami

June 5, 2024 – Tampa

June 7, 2024 – Fort Myers

The cost to attend each workshop is $50 for non-judges and magistrates. Judges and court staff who wish to attend the workshop should contact Paola Pana at PanaP@flcourts.org for a special discount code which waives the registration fee.

What does the Section mean to you?

 The Section is the foundation for family lawyers to be heard throughout the State, from the Supreme Court to the Legislature in Tallahassee to all of the courts in Florida. Since my involvement, the Section has been a leading voice in family matters. The Section has been instrumental in creating significant changes in child related matters and financial matters and the procedures used for dissolutions of marriage, paternity, domestic violence, and other family related matters.  And it has worked hard in opposing legislation that the Section believed to be bad for families and children. Most importantly, it found a place at the table and is often consulted concerning changes in the law. It has also had its influence with its Amicus briefs with the Supreme Court in helping shape case law. And it is well respected by the courts throughout the state when it comes to discussing process as well as substantive law. 

Where do you see the Section in the next 50 years?

 I see the Section as continuing in its role as a leader and voice in family law. However, I see Family law changing radically in the next fifty years. I see a trend toward less conflict, more alternative dispute resolution with voluntary Mediation and Collaborative Law continuing to grow. I see a trend in the courts to make things easier to navigate for the unrepresented and fewer highly contested matters for our profession. The Section will need to find ways to attract more represented clients than currently exists. The Section will need to take the lead as a trend setter in creating more work for family practitioners. I have become a Collaborative Professional of recent years, believing that families do not belong in Court and finding a way to provide representation while keeping them out of court. This process requires both parties to have independent representation. I see this as a system that the Section may use to grow private practices for attorneys and provide attorney led services for clients who might otherwise reject representation. 

How have you seen the Section change in the past 50 years?

The Section has expanded their involvement in legislative actions, both promoting and lobbying against legislative proposals. It has expanded its involvement in each specialized area of family law. The number of committees has grown significantly. The education being provided to its members is far superior to what was offered when things first began. And I personally have seen babies being born and graduating college during this time.  

How has the Section stayed the same in the last 50 years?

The Section has been family oriented amongst its members. It welcomes families to its conferences and functions. The one thing that has remained constant is that when members fade away, there are always new and younger members to take up the mantel of leadership. And I have noticed that they are brighter than a lot of members from my generation. The Section is always in good hands in that regard.

How has your participation in the Section changed the way you practice law?

I was quite active in the Section and got so much out of my committee involvement. I remember commenting that I have learned more at committee meetings than many seminars. It has personally introduced me to many colleagues, making it easier to work with them when on opposite sides of cases. The camaraderie it has created has made it more pleasurable to practice. And it has added numerous skills to my practice. Being known as a Section leader also helped in establishing my credibility before the courts. This is the respect the Judges have for the Section.

What’s the funniest memory you have from your Section involvement?

My out-of-state retreat was in Washington DC (using the format from Deborah Marks who was supposed to have had her retreat there). Debbie Beck was our fairly new administrator and had family in the area, so she pre-arranged for the off-site cocktail party to have been fully taken care of with the manager of the restaurant where she would not have to be present to ensure payment. For whatever reason, I stayed until the last person was ready to leave and was presented the bill for the entire party, which ran several thousands of dollars. The person in charge knew nothing of the prior arrangements made by Debbie, so I wound up having to charge the party on my personal credit card. And as my Wife and I left the restaurant, I opined what would have happened had I left early where some poor sole would have been stuck. Debbie made sure I was reimbursed almost before I returned to Florida, and we had a big laugh over it.

Share a favorite memory from one of the retreats from your year.

My dear friend, Norman Levin, drove me to the airport in Orlando after a conference and before my year as Chair. I discussed with him what I would like done at the annual conference the next year.  Norman was following me so that he would be the Chair-elect in my year. I discussed having a Symposium of family law presented by the leading family lawyers throughout the State in celebration of the Millenium, which was in my year as Chair. Norman simply said, “leave it to me,” and I did. Norman produced the most amazing two-day seminar, which included bringing in Courtroom 21 from William and Mary and having the leading family lawyers present an outstanding two-day symposium on family law covering almost every area of family law. I did virtually nothing but received the credit. Norman was a super lawyer and dear friend and I miss him.

By: Cash A. Eaton, Esq.

Litsch v. Litsch, 2023 WL 6781538 (Fla. 5th DCA 2023)

In this month’s case law update, we revisit every practitioner’s favorite subject, UCCJEA jurisdiction. Fair, it is not everyone’s favorite, just the masochists. Nevertheless, it is important for practitioners and members of the judiciary to understand the distinctions between jurisdiction in original actions and post-judgment actions.

In Litsch v. Litsch, 2023 WL 6781538 (Fla. 5th DCA 2023), the trial court was faced with two competing jurisdictions, Florida and Illinois. In October of 2016 the Florida court entered a Final Judgment of Dissolution of Marriage, finding jurisdiction over the subject matter and the parties. The Final Judgment ratified and incorporated agreements regarding shared parenting and timesharing, and it reserved jurisdiction to enforce those same agreements. These agreements had the parties’ child living a majority of time in Florida. However, in November 2020, the parties agreed to have the child temporarily live with Appellee in Illinois.

In February of 2022, a parenting dispute arose, as they often do. This dispute caused the parent in Illinois to file an action in Illinois, and the Florida parent filed motions in Florida. Ultimately in September 2022, the Illinois court conducted a UCCJEA hearing to determine which state had jurisdiction. At the conclusion of the hearing, the Illinois court entered a written order stating that Illinois was the home state of the child for purposes of the UCCJEA, and, over the Florida parent’s objection, Florida ceded, and Illinois accepted jurisdiction of the case. This was reversible error.

The Florida parent asserted that the Florida court erred in ceding jurisdiction to the Illinois court by concluding that Illinois was the child's home state. The Florida parent is correct. Jurisdictional priority is given to the child’s “home state” in INITIAL CUSTODY DETERMINATIONS. However, in this case, Florida entered the initial child custody determination in 2016. Once a court has made an initial child custody determination under § 61.514, Fla. Stat., that court has “exclusive, continuing jurisdiction”. That continues until:

“(a) A court of this state determines that the child, the child's parents, and any person acting as a parent do not have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child's care, protection, training, and personal relationships; or

(b) A court of this state or a court of another state determines that the child, the child's parent, and any person acting as a parent do not presently reside in this state.”

Neither of those circumstances arose to justify Florida ceding jurisdiction. Further, the Florida court did not decline to exercise its jurisdiction by determining that it was an inconvenient forum pursuant to § 61.520, Fla. Stat. Instead, it based its determination on facts surrounding that the child was living in Illinois. However, this is not enough for Florida to cede its jurisdiction because one of the parties still lived in Florida and the minor child still had significant contacts with Florida. Therefore, the trial court committed reversible error.

By: Matthew Thatcher, Esq.

Each and every one of us strives to do the best possible in the representation of our clients. We are proud of the positive reputation that we have cultivated through hard work and zealous representation of our clients. The goodwill generated from our positive professional reputation leads to referrals and new clients. This is a positive feedback loop that each of us seeks to continue and foster through websites for our law firms and having a presence on social media.

However, we also live in a world where anyone, anywhere, can express an opinion online regardless of its’ validity. There is a plethora of websites where anonymous people can rank, rate, and express their opinions about attorneys. These websites include Avvo.com, Google.com, Lawyers,.com, Martindale.com and Yelp. While we hope that the good work that we do for our clients results in positive reviews of our professional services on these websites, there is always the outlier. What can you do if someone posts a negative or disparaging internet / social media review about you?

No matter the temptation to respond and point out how this person is wrong, you must exercise restraint. The ethical rules which govern our practice as attorneys do not disappear online. Most important of those rules is the requirement for confidentiality under Florida Bar Rule 4-1.6. A flame war with a former client on Avvo.com is not litigation in which privilege has been waived. You cannot infer from a former client’s adverse posting that you are free to respond in any way you choose. You remain bound by the affirmative obligation to maintain the confidentiality of the client’s information.

In Florida Bar Ethics Opinion 20-01, dated October 9, 2020, the Florida Bar published an advisory ethics opinion to provide guidance in this circumstance. In Opinion 20-01, the Florida Bar responded to in inquiry from an attorney who received a negative review claiming that the attorney “took her money and ran.” The attorney sought guidance on how to respond. 

In Opinion 20-01, the Florida Bar stressed that client confidentiality was paramount:

A fundamental principle in the client-lawyer relationship is that, in the absence of the client’s informed consent, the lawyer must not reveal information relating to the representation…The confidentiality rule applies not merely to matters communicated in confidence by the client but also to all information relating to the representation, whatever its source. A lawyer may not disclose confidential information except as authorized or required by the Rules Regulating The Florida Bar or by law.

Fla. Bar. Ethics Opinion 20-01 (quoting comment to Rule 4-1.6) (emphasis added).

The Florida Bar surveyed other jurisdictions and concluded that the majority did not permit the disclosure of confidential information in responding to negative online reviews. It further referenced several examples of attorneys who had been disciplined in their jurisdictions for breaching client confidentiality in responding to negative online reviews. The Florida Bar concluded that to preserve client confidentiality an attorney can respond only in a general way to reflect that the attorney disagrees with the negative review without disclosing any information or facts about the case.

To provide guidance to attorneys, Opinion 20-01 set forth “safe-harbor” language for a response should an attorney desire to respond to a negative online review:

As an attorney, I am constrained by the Rules Regulating The Florida Bar from responding in detail, but I will simply state that it is my belief that the [comments/post] present neither a fair nor accurate picture of what occurred and I believe that the [comments/post] [is/are] false.

Florida Bar Ethics Opinion 20-01 can be found at: https://www.floridabar.org/etopinions/opinion-20-1/

By: Kenneth Porras

Whether you are preparing an equitable distribution worksheet or reviewing one provided by opposing counsel, here are a few tips for reviewing relevant discovery that can help you identify potential assets or liabilities that may not have been disclosed by the opposing party.

1.    Review the Tax Return

One way to identify potential assets and liabilities is to review the individual income tax returns. Specifically, check Schedule B for interest and dividend income. Follow up on the items producing the income in case they should be captured on your equitable distribution worksheet. Check if there is a refund due and how the parties choose to receive that refund. Oftentimes they will request to receive the cash and have it deposited to an account that is identified on the return. Cross check the account number against your file to confirm you have it on your equitable distribution worksheet. Similarly, remember to capture any potential refund that has not been received or any tax liability that is still due.

2.    Review the Account Statements

Reviewing the transactions of the bank, brokerage and retirement accounts can often lead to the discovery of additional accounts. Scan the statements for transfers to or from other accounts and follow up on any unknown account numbers. Similarly, follow up on transactions labeled “Counter Deposit,” “Mobile Deposit” or other forms of deposits where you are not provided the source. If you notice these types of unknown deposits, start by requesting the underlying deposit slip; that may lead you to the other assets.

Keep track of credit card payments made from bank accounts and reconcile the payments to the credit card statement. If you find any discrepancies between the amount paid by the bank and the amount received by the credit card account, follow up to clarify.

3.    Review the Paystubs

An employee’s paystubs will indicate which accounts their income is paid to. In some cases, earnings may be deposited to multiple accounts. The bank account information where their salary is paid will be indicated on their paystub — look for the account number(s). While you may have identified someone’s earnings by reviewing the bank statements, confirm all their salary is accounted for by referring to their paystubs.

By reviewing tax returns, account statements and paystubs, you may find that there are additional assets or liabilities not previously disclosed — an important finding when preparing or reviewing equitable distribution in a case.

Kenneth Porras, CPA, CVA, CFE, is a forensic, advisory and valuation services manager at Kaufman Rossin, the largest independent CPA and advisory firm in Florida and one of the top 100 firms in the U.S. Kenneth specializes in litigation support and forensic accounting for the firm’s family law practice. You can reach him at kporras@kaufmanrossin.com.

By: Tim Voit

As one who reviews quite a few settlement agreements and final judgments, some financial terms are loosely used without understanding that the misuse of those terms can be problematic in settlement agreements, Final Judgments, or QDROs. In one case that I was involved in, the attorney for the spouse with the pension plan claimed that because the settlement agreement only divided the pension plan, it excluded the division of the 401(k), even though each of the plans were disclosed in discovery. The attorney for the spouse, having been stressed over the possibility of having committed malpractice, requested our review of all the documents and language contained in the settlement agreement. We explained that the term “pension” also included 401(k)s, and nothing became of the case. 

Most practitioners will consider “pensions” as defined benefit plans - plans designed to pay out a monthly pension benefit for life beginning at a certain retirement age, whereas 401(k)s are defined contribution plans - plans that are, for the most part, comprised of retirement accounts and mutual funds. However, the Department of Labor, which oversees enforcement of ERISA[i], the Internal Revenue Code, and the Treasury Department, consider 401(k)s within the definition of “pension”[ii].

The confusion arises because insurance companies, financial planners, and just about everything you read on the Internet refer to “pensions” as defined benefit plans, i.e., those retirement plans that pay a monthly pension stipend for life. However, the legal definition of “pensions” includes defined contribution plans, e.g., 401(k)s, ESOPs, Profit Sharing Plans, or any deferred arrangement funded all or in part with/or by employer contributions to a fund[iii]. According to the Pension Benefit Guarantee Corporation, an agency of the federal government established as part of ERISA to insure defined benefit plans in the private sector, "While the legal definition of "pension plan" includes both defined benefits and defined contributions, people most often compare defined contribution 401(k) plans to defined benefit pensions."[iv]

Although the term “pension” technically includes 401(k)s pursuant to the Department of Labor, the best practice for attorneys would be to ensure that your settlement agreements specifically define all assets and liabilities, including specifically the retirement assets, that are subject to equitable distribution. As such, marital settlement agreements should state (perhaps) that both spouses are entitled to any and all retirement plan benefits that accrued during the marriage if they want to cover all bases; and this is especially true for the attorney representing the spouse with the lesser retirement benefits.

[i] Employee Retirement Income Security Act of 1974, legislation passed to protect private sector retirement and health insurance plans. Retirement Equity Act of 1984 (REA of 84) is an amendment to ERISA legislation which created QDROs.

[ii] 26 C.F.R. § 1.401-1 (2023).

[iii] 29 U.S.C. § 1002(2)(A).

[iv] What is a Pension, Pension Benefit Guaranty Corp., A U.S. Gov’t Agency (Aug. 29, 2023), http://pbgc.gov/about/who-we-are/retirement-matters/post/2013/04/17/What-is-a-Pension

Want to submit an article for our monthly FAMSEG e-news, or our quarterly magazine, The Commentator? We can always use Tech Tips, Case Law Updates, and other relevant family law-related news for our 4,000+ members. Just email publications@familylawfla.org for more information. Thank you for your interest in contributing to our member publications!

Did you know that our Section Sponsorship has grown over the years? We have received 8 times the number of sponsorships that we had 7 years ago! Thank you to all of our past and current sponsors for supporting the mission of the Family Law Section! To learn more about getting involved, click HERE.