I know that many of us are glad to leave 2020 behind us and look forward to a prosperous, happy and healthy 2021. Every day we have the opportunity to make positive changes in our lives and those of others. One positive change that we can all make for ourselves in 2021 is to become more involved with the Family Law Section. One of the primary ways to become more involved in the Section is to attend the Section’s committee meetings which, are have all been held in a virtual format for 2020.
Registration is still open for our Annual Certification Review Course. This year, the Course will be held in a virtual platform on Thursday, January 28, 2021 and Friday, January 29, 2021. Our Section meetings will be held on February 5, 2021, which is the Friday following the Annual Certification Review Course. Our mid-year committee meetings will also be held using a virtual platform; and, everyone is encouraged to participate and attend.
In closing, and keeping with the theme of integrity, I want to leave you with a quote: “The only real failure in life, is the failure of not trying; and, the measure of success is how we cope with any disappointment.”
Douglas A. Greenbaum, Chair
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A TASTE OF THE COLLABORATIVE PROCESS
A Two-Part Facebook Live Presentation
January 7 & 14 at 12 p.m.
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Join us on Facebook Live for a topical, two-part series, "A Taste of the Collaborative Process," presented by Robert J. Merlin, Board Certified, Accredited Collaborative Law Professional, and Florida Supreme Court Certified Family Law Attorney.
This is a free presentation, and each session is expected to last approximately 20-30 minutes.
PART I - THURSDAY, JANUARY 7, 12:00 PM
Part I will discuss the applicable statutes, rules, and forms you need to know about the process, some of which were discussed in this article recently published by The Florida Bar.
PART II - THURSDAY, JANUARY 14, 12:00 PM
Part II will discuss how collaborative law works and the benefits to the Family Law court system, attorneys, and clients, along with relevant examples.
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2021 MARITAL & FAMILY LAW REVIEW COURSE
January 28-29, 2021
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Just a few weeks away! Register now for the Marital & Family Law Review Course (held virtually) January 28-29, 2021.
The 2021 Course has been awarded 15.0 General CLE hours with 2.0 Ethics hours. The 15.0 CLE hours all count towards the Marital & Family Law Certification requirements.
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WINTER COMMITTEE MEETINGS
February 5-6, 2021
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Save the Date for our 2021 Winter Committee Meetings! Though they'll be virtual, we still can't wait to 'see' you! More info coming soon.
Section Committee Meetings: Friday, February 5,
8:00 AM – 5:00 PM
Executive Council Meeting: Saturday, February 6,
9:00 AM – 5:00 PM
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RULES & PROCEDURES UPDATE |
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By TIFFANY RUGGERIO, ESQ. |
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As many of you know, the Florida Bar’s Family Law Rules Committee proposed new Family Law Rules of Procedures regarding the collaborative law process. The Committee’s proposals were unanimously approved by the Florida Board of Governors. Effective October 15, 2020, the Supreme Court of Florida adopted new Florida Family Law Rule of Procedure Forms 12.985(a)-(g). The introduction and explanation to the new Forms explain the purpose of the new Forms in the collaborative process.
New Form 12.985(a) explains the collaborative process in accordance with Rule Regulating the Florida Bar 4-1.19 and is intended to be given to clients before they enter the collaborative process. There are also some new forms. For example, Form 12.985(c) is a Notice to be filed when parties choose to use the collaborative law process in a pending dissolution of marriage or paternity case. Form 12.985(d) is a confidentiality agreement used by neutral, consultants or note takers who are participating in the collaborative law process. Form 12.985(e) can be used when a new collaborative law attorney is substituted for a former collaborative law attorney and the collaborative law process continues with the clients and other participants. Form 12.985(f) is a Notice terminating the collaborative law process. Finally, Form 12.985(g) is filed after the parties resolve the matter through the collaborative law process and request the Court to ratify their agreement.
Download the new Forms here.
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JUST WHEN YOU THINK
YOU HAD IT ALL FIGURED OUT
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The practice of family law is always evolving. Accordingly, the rules governing the practice of family law are likewise always evolving. In March, 2017, the Florida Supreme Court enacted the Florida Family Law Rules of Procedure. Since then, we have been guided by rules specifically addressing our unique practice as opposed the Florida Rules of Civil Procedure.
Commencing on January 1, 2021 at 12:01 a.m., the Florida Family Law Rules of Procedure are being amended. It’s time to sharpen your pencils (or your keyboards) and familiarize yourself with the new amendments. While several of the rules have been amended, this article is focusing on the rule that was changed most significantly—12.285 (Mandatory Disclosure).
Mandatory disclosure is one of the first things we all do in our practice after filing a new case. Under very limited circumstances, the requirements set forth in Fla. Fam. L.R.P. 12.285 may be waived. Accordingly, it is pivotal we all familiarize ourselves with the changes. In sum, the amendments to the rule increases the time period for which various documents must be produced, provide greater specifications and expand the types of documents litigants are required to produce.
Disclosure Requirements for Temporary Financial Relief: The timeframe in which a party seeking relief must produce financial disclosure prior to a temporary relief hearing that takes place within 45 days of service has changed. Any party seeking temporary financial relief must produce the following documents at least 10 days prior to the temporary relief hearing: (1) a Financial Affidavit; (2) all complete federal and personal income tax returns, gift tax returns, and foreign tax returns filed by the party or on the party’s behalf for the past 3 years, including all attachments, including Forms W-2, 1099, K-1 and all accompanying schedules and worksheets comprising the entire tax return; (3) IRS forms W-2, 1099, and K-1 for the past year, if the income tax return for that year has not been prepared. If income tax returns have not been filed for any of the 2 years beyond the past year, then IRS forms W-2, 1099 and K-1’s for those prior 2 years as well; and (4) pay stubs or other evidence of earned income for 6 months before compliance with these disclosure requirements. The responding party, if not otherwise seeking relief, must produce the same required documents at least 5 days prior to the hearing.
Parties’ Disclosure Requirements for Initial or Supplemental Proceedings: In addition to the records required for temporary financial relief (all of which are required in all initial or supplemental proceedings), there are noticeable differences to the remainder of the required disclosures. Now, in addition to loan applications and financial statements, litigants must produce their credit report. This is a handy tool in determining all credit accounts the opposing side may have. Litigants are now required to produce 12 months of checking account statements and savings account statements and must produce statements (both banking and brokerage) shared with minor or adult dependent children. The number of statements for all retirement accounts and statements for life insurance policies has also increased to 12 months prior to compliance with as opposed to the most recent statement only. Corporate, partnership and trust tax returns for the last 3 years are now required for any entity a party has any ownership interest in and is not limited to those entities in which a party has greater than or equal to 30% ownership interest in. Litigants are now required to produce statements for the last 12 months for any virtual currency transactions and must include a list of all current holdings of virtual currency.
Lastly, when seeking an extension of time to comply with these rules, a motion for extension of time is timely filed so long is it filed on or before the 45th day. Previously, we were required to file said request 5 days prior to the due date.
Other Notable Amendments:
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Child Support Enforcement, Rule 12.491.—the order setting a hearing before a support enforcement officer must include the following language in bold type: SHOULD YOU WISH TO SEEK REVIEW OF THE ORDER UPON THE RECOMMENDATIONS OF THE CHILD SUPPORT ENFORCEMENT HEARING OFFICER, YOU MUST FILE A MOTION TO VACATE WITHIN 10 DAYS FROM THE DATE OF ENTRY OF THE ORDER IN ACCORDANCE WITH FLORIDA FAMLY LAW RULE OF PROCEDURE 12.491(f). YOU WILL BE REQUIRED TO PROVIDE THE COURT WITH A RECORD SUFFICIENT TO SUPPORT YOUR POSITION OR YOUR MOTION WILL BE DENIED. A RECORD ORDINARILY INCLUDES A WRITTEN TRANSCRIPT OF ALL RELEVANT PROCEEDINGS. THE PERSON SEEKING REVIEW MUST HAVE THE TRANSCRIPT PREPARED IF NECESSARY FOR THE COURTS TO REVIEW.
- The name and address of the Court Reporter must also be included on the notice.
- In an effort to increase self-represented litigants’ access to the courts, the notary block has been removed from multiple forms, including, Financial Affidavits, Affidavits of Diligent Search and Inquiry, Standard Family Law Interrogatories and Certificates of Compliance with Mandatory Disclosure.
- All forms have been updated to replace “Husband” and “Wife” with the gender-neutral “Petitioner” and “Respondent.”
While this article only touches on some the most significant differences to the rules, including the mandatory disclosure requirements, it is important we all study the new rules and update our checklists and/or forms as soon as possible.
Jamie M. Epstein, Esq. is a marital and family law attorney with Chorowski & Clary, P.A. in Fort Lauderdale.
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TECH TIPS
Co-Parenting During Covid
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By ANASTASIA J. MAHONE, ESQ. |
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COVID-19 has, in many ways, presented remarkable challenges to the world around us. Many of those challenges have been found to exist in the co-parenting arena affecting the critical bonds between parents and children. Some long-distance families have found themselves in the unfortunate scenario where they have been forced make the difficult decision to forgo time-sharing on a temporary basis due to the risks associated with traveling, while other families have been forced to temporarily pause time-sharing due to actual and/or suspected virus exposure to COVID-19. In these instances, the children are most impacted and when using standard video call applications, such as FaceTime or Skype, young children are often unstimulated by mere dialogue and their attention spans are often short, making for a less than desired interaction. While an application may not fully replace the feeling and interaction of in-person contact, “Caribu” may be the closest thing to it.
Caribu in an engaging video call platform where children can virtually connect with their family and create memories in real time. Parents no longer need to initiate conversation starters and icebreakers while their children appear disinterested or distracted on screen. Caribu created an application where its users can capture a child’s attention and imagination as they engage in active play and enjoy a virtual, memorable experience even though the child and parent are not in the same location at the same time. The application features a live, activity-based shared screen experience during an ongoing video call where family may join together with a child to participate together on activities such as reading stories, playing games (i.e. mazes, scavenger hunts, word search/crossword puzzles, etc.), solving mathematical equations, coloring, tracing, and baking. In addition, for those parents, and family members, whose first language may not be English Caribu provides virtual books multiple languages.
Similar to incoming calls on your devices, the Caribu application notifies you when the other parent is calling. Further, Caribu does track how much time is spent using Caribu on any given date(s), in the event that the same must be presented to a Court during litigation. Further, the application may be used across several devices to include IOS Apple devices and Android devices and can be accessed on a desktop, laptop, or tablet to enhance the shared experience by increasing the screen size and visibility.
While Caribu has begun to sweep the family law community during the height of COVID-19 due to the need for alternative methods of contact, it has significant potential to outlive the pandemic in family law practice by playing a critical role in future family dynamics. Available in over 200 countries and territories outstretching far beyond the United States and allowing for contact without either party incurring costly international calling fees. Caribu is rather appealing for military families separated by deployment and parents residing or traveling overseas, permanently or temporarily, allowing for more contact between children and their long distance parent, or extended family. Parents no longer have two sets of their child’s favorite bedtime stories (one at Mom’s house and one at Dad’s house), deployed military parents can play games with their young children, and grandparents who have had to stay socially distant can enjoy baking alongside their grandchildren. Bringing everyone a little bit closer in a time when that is what is needed the most.
For more information on the Caribu application, visit Caribu.com
Anastasia J. Mahone, Esq. is a Family Law attorney with K/S Attorneys at Law in Boca Raton. Ms. Mahone’s practice is predominantly focused upon Guardian Ad Litem work, Family Law Litigation, Parental Coordination, Collaborative Family Law and, Ms. Mahone is also a Florida Supreme Court Certified Family Law Mediator.
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HEALTH & WELLNESS
Don't Worry, Be Happy
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How has your year been going? Alright, maybe I shouldn’t have asked. Mine has been great. I was able to connect with my family and friends. I took on a lot of new and exciting projects and business has been good. It may have been my view of how my life was going to be during the lock down and continued isolation. Simply put, I choose to be happy and be grateful for what I have.
You create your own happiness. Yes, you do. Think about it. You can choose to be happy, sad, or mad. You may react to some outside force or action, but, ultimately, you are in control of your emotions. Sure, you may not be able to control them right now, but after practice and concentration, you will regain control of your emotional state.
Being mad that someone gave you a bad review or insulted your work is your choice. Take a look at why the person has that view. If you are really creating a great work product, maybe he isn’t seeing the value or didn’t get the result he was expecting. Maybe your work isn’t as good as you thought. Maybe being overstressed and overworked is affecting your work product. Is this making you mad? If so, it is a good thing you are still reading because you are going to love it in the end.
How long do you let yourself stay mad at someone? How long do you let yourself stay sad? Are you wasting your days being upset about something that happened a year or two ago? Can you change what happened? NO, you can’t. It is in the past and it’s time to put the past in the past.
Where have you had experiences of rejection, sadness, or anger? How did that shape your life? We are all great at protecting ourselves based on experiences we have had. It is kind of like the fight or flight feeling we get when threatened.
How does this help me create my happiness, you ask? When we look at our life, we don’t always appreciate what we have when we look at our lives. You have the protections in place from your past. They made you who you are. You are successful in many areas of your life because of them and they have held you back in other areas. Be grateful for the successes and realize that you can make the changes necessary to excel in areas where you have not been so successful. Once you gain control over your happiness, you will see what I mean. You will succeed where you have once failed or come up short.
Once you can focus on the present and leave the past in the past, you will begin to see how to control your happiness.
What have you accomplished? Write a list of the top five things in your life. You can include any topic you want.
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In our "Faces of Family Law" video series, we introduce you to members of the Executive Council and Executive Committee so you can learn more - and feel connected to - your fellow Section colleagues.

Click the video to learn more about Beth and some of the benefits she's enjoyed by being involved with the Section.
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COMMITTEE SPOTLIGHT
Membership
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COMMITTEE CO-CHAIRS
Amanda Tackenberg, Esq., Foster-Morales, Sockel-Stone, L.L.C., Miami
Joel Weiner, Esq., Delray Legal Service, L.L.C., Delray Beach
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What the Committee does:
We encourage family law practitioners who are not members of the Section to join the Family Law Section. We also welcome the opportunity to act as liaisons for members who want to get involved in Section work but do not know what opportunities there are for involvement. We encourage members to take advantage of the wonderful programming, CLE’s, publications, and professional development opportunities that come with being a member of the Family Law Section.
Goals of the Committee this bar cycle:
Understand our members so we can continue to try to meet their needs, increase value to existing members, increase new membership, and increase participation in the Section.
How the Committee’s work supports its members, the Section and/or Florida’s Families:
By trying to understand our membership via the Family Law Section survey sent out a few months ago, we are hoping that we can not only continue to provide value to our members, but also create additional opportunities to meet members needs and encourage participation, and address the areas of concern voiced by our members.
One thing you did not know about the Committee until you joined:
We did not realize how many members the Section has and how much room for participation there is.
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Support the Family Law Section with a Signature Annual Sponsorship to showcase your firm or business and connect with our nearly 4,000 professional members.
We truly appreciate each and every one of our sponsors! Thank you for helping our committed volunteers as we work on supporting the FLS mission!
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