And we are here, the last month of 2021! As we collectively contemplate for whom and what we are grateful for, allow me to take this opportunity to thank you, our Section members, for a successful 2021 year resulting from all of your continuing support and engagement, especially after a trying 2020. Although the holidays are a busy time of the year, an important lesson of this pandemic has been to take the time to appreciate our family and friends, and truly cherish the moments spent together.
In the spirit of spending time together, our Section is working around the clock to prepare for in person Mid-Year Committee Meetings on Thursday, January 20 and the highly sought after annual Marital & Family Law Review Course on January 21-22 at the Gaylord Palms Resort & Conference Center. Our Executive Council meeting will be held on January 23, immediately following the Review Course. I especially want to thank the Section’s Review Course Committee, Michelle Klinger Smith (Chair), Kristin Kirkner, Jerry Rumph, Jr., and Julia Wyda, as well as the Program Administrator, Susan Stafford, who have spent endless hours to ensure that every detail for the Review Course is perfect. Their dedication and commitment of time to make this in-person event a success is inspiring and so very much appreciated! For those of you who have not yet registered for the Course, please do so now as we are rapidly approaching a wait-list.
In my last parting words for this year’s last FAMSEG, I wish those who celebrate a Happy Hanukkah, a Merry Christmas, and a Happy Kwanzaa. May your holidays be filled with positivity and kindness as we welcome 2022 with reinvigorated purpose, and may you and all of your loved ones receive all good blessings in the new year.
In 2022, “Be the change that you wish to see in the world.” - Mahatma Ghandi
Heather L. Apicella, Chair, 2021-2022
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A partnership between the Florida Bar Family Law Section and the AAML Florida Chapter, the Marital and Family Law Review Course is one of the largest CLE’s in the Southeast. And, Family Law Section members save $100 on the course! Take your practice to the next level! Learn more HERE, and view the two-day conference schedule below:
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The Family Law Section is hosting our Out-of-State Retreat in Napa Valley, California at the Vintage House at The Estate Yountville, California, Wednesday - Sunday, April 20-24, 2022. We're offering a few, select sponsorship opportunities for this 'Do Not Miss' event, but LIMITED SPACE is available, so please reach out to us now for details!
Please email Sponsorship Committee Chair, Chelsea A. Miller, at [email protected] and Co-Chair of the Out-of-State Retreat, Trisha P. Armstrong, at [email protected] for additional information.
We truly value each and every one of our sponsors. Thank you for helping our committed volunteers as we work on supporting the Family Law Section’s mission!
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As promised, here's a link to our photo gallery from this year's In-State Retreat in Marco Island, where Section members and their families enjoyed some well-deserved rejuvenation time!
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Supreme Court of Florida Adopts Amendments to Rule on Parenting Coordinators
On December 2, 2021, the Supreme Court of Florida adopted amendments to the Florida Rules for qualified and court-appointed Parenting Coordinators, Florida Family Law Rule of Procedure 15.000. The amended Rule outlines how Parenting Coordinators become qualified, disqualified, renew their qualifications and submit continuing parenting coordination education. You may access the Florida Supreme Court’s opinion here. Thank you to all our Section Members who worked tirelessly to provide guidelines and accountability for those helping Florida’s families including Kristin Kirkner and Jack A. Moring, Co-Chairs of the Rules and Forms Committee, K. Beth Luna, Past Co-Chair of the Rules and Forms Committee.
Supreme Court of Florida Adopts Amendments to Family Law Rules Re: Subpoenas
On December 2, 2021, the Supreme Court of Florida adopted proposed amendments to Florida Family Law Rule of Procedure 12.410 regarding Subpoenas. The amendment tracks the language of Florida Rule of Civil Procedure 1.410. Review the Supreme Court of Florida’s opinion here.
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We know sometimes you can't make a scheduled CLE, so we've made many of them available online, OnDemand.
From Co-parenting and Business Valuations, to Legislative Updates, and even How to Get Paid, there's a wide range of resources available to enhance your practice, at your convenience!
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By: Cash A. Eaton, Esq., B.C.S.
Harby v. Harby, No. 2D20-2602, 2021 WL 5344799 (Fla. 2d DCA Nov. 17, 2021)
Harby v. Harby, a case recently decided by the Second District Court of Appeal addresses multiple family law issues including prospective alimony and child support awards and the equitable distribution of pets in divorce proceedings.
I. Factual Summary
The parties entered a marital settlement agreement (MSA) in June 2020 which resolved all but three issues which were submitted to the trial court for resolution: (1) Former Husband's claim for alimony; (2) Former Husband's claim for child support; and (3) the distribution of two dogs.
At trial, the Former Husband testified that he planned to sell his house and use the proceeds to buy a smaller house. This action would eliminate his monthly mortgage payment. Further, he testified that certain other expenses associated with the new home would reduce his monthly expenses. The trial court awarded the Former Husband $1735.89 a month in alimony until he sold his house. The trial court further awarded him $2,439.89 a month in alimony once he sold his current house and purchased a new house.
Further at trial, both parties requested that both family dogs be distributed to one of them. The Former Wife testified that she took care of the dogs from the time the family adopted them in 2013 and 2014, respectively, to the time the parties separated in 2017. The dogs had been in Former Husband's possession and care since 2017. The trial court awarded the dogs to the Former Husband.
II. Prospective Support Awards
The trial court’s alimony award constitutes a prospective support award as it was subject to an automatic increase upon the Former Husband’s sale of his home. The Appellate Court’s opinion reiterated that, generally, support awards providing for an automatic increased upon the occurrence of a future event are disfavored and routinely overturned.
However, it did recognize that, “Florida courts have upheld prospective modifications when “they are carefully conditioned upon specifically articulated changes in circumstances which would virtually preclude the possibility of unfairness to either party.”
Nevertheless, the Appellate Court held that the Former Husband’s testimony and evidence concerning the expenses related to his future purchase of a home were not sufficiently certain to prove his future need. Accordingly, the trial court’s alimony award was overturned and remanded to the trial court for additional findings. Further, as the trial court’s child support award would automatically change, once the Former Husband began receiving the increased alimony, it too was overturned.
III. Distribution of Family Pets
A trial court's findings regarding equitable distribution are reviewed for an abuse of discretion. The Former Wife argued that the trial court abused its discretion in awarding the Former Husband the family dogs because the dogs were inseparable and one of the dogs, Liberty, was her emotional support animal.
The Appellate Court recognized that “emotional support animals” receive a special status as they “provide emotional support that alleviates one or more identified symptoms or effects of a person's disability.” However, the evidence presented at trial did not show that Former Wife had a disability or that Liberty provided emotional support to alleviate an effect from a disability. Also, the Former Husband was caring for the dogs at the time of trial and since 2017. Therefore, the trial court’s award was not an abuse of discretion.
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By: William "Trace" Norvell, Esq.
As we head into a new year with the continuation of this new hybrid, work from anywhere, video-meeting world, all while the holiday season is in full swing, here are a couple of tech devices and gadgets that you may want to give a second glance this season.
*This is not going to be a list of headphones, digital cameras, and green screens as you either already jumped on that wagon or decided to just roll with the tech you already have.
1. reMarkable 2, retail $399 – When you hear the word tablet, you probably think of something like the iPad Pro, apps, games, and so on. But unlike a traditional tablet, reMarkable 2 isn't meant to take the place of your computer. It can't even browse the internet. Its sole purpose is to replace a paper notepad, period, without the distractions of YouTube, emails, and Netflix. It is "the thinnest tablet" in existence: at 0.19 inches, and you can use it to make handwritten notes, edit PDFs, sketch ideas, and read eBooks and articles. This is the electronic tablet for those of us who still prefer the feel to writing and editing on paper. Its processor is fast, and storage is ample, 8GB, which goes a long way with pdfs and allows for note taking, highlighting, and marking up documents in real time.
2. Anker PowerCore 13000, retail $49.99 – This is currently one of the more powerful portable chargers on the market that won’t break your bank, and if you aren’t using a portable charger, you need to consider this addition to your hybrid arsenal. You can charge a lot with this thing, and quickly. This little gadget packs enough power to fully charge an iPhone 11 two and a half times, or two Samsung Galaxy S20s. In addition, the availability of two charging ports allows for the charging of two devices at the same time, giving you the opportunity to maintain the charge on your tablet and cell phone while having that Zoom hearing/meeting from Costa Rica, or wherever you may find yourself.
3. Belkin Power Pocket 5K, retail $24.99 – Maybe you don’t want to haul around a wallet sized charger which can be heavier than they look, or you just want to ease into the world of portable chargers, well this beauty may be the solution you’re looking for: at just about 5 inches long, 2.5 inches wide and a half-inch thick, about the size and weight of a smart phone, there are few places this battery won’t fit yet many devices it’ll charge. Compared to its bigger brothers, the charging capacity of the Power Pocket 5k is modest, but while its capacity isn’t huge, it’s more than enough to bring an iPhone 11 or Samsung Galaxy S10 battery back to full life.
4. Google Nest Wi-Fi, retail $169 - $349 – What do you do when you want to work, but you don’t get the ideal internet speed once you drift a little too far from the router? Nest Wi-Fi (from Google) immediately solves this problem by covering the entire home in Wi-Fi and creating a different Wi-Fi zone in each room. In addition, each Wi-Fi point can handle up to 200 connected devices and it is fast enough to stream multiple 4k videos simultaneously. In addition, the Nest Wi-Fi actually strengthens your Wi-Fi allowing you and your staff, or family, to access the internet throughout your desired space without sacrificing speed and connectivity.
5. Mudra Band, retail $249 – This one isn’t so much a necessity as just something I think is cool. The band allows wearers to use finger gestures (no, not that finger gesture) to control their Apple Watch, providing touch-free control of an Apple Watch, for example: a tap of the thumb or the raising of your index finger can unlock the watch; a sliding motion of your finger through the air can open your emails. Like I said, not a necessity, but a cool bit of tech to add to the wish list. Who doesn’t want to check their emails with a Jedi like swipe of their finger like something out of a Robert Heinlein novel?
6. Owl Labs Meeting Owl Pro, retail $999 – The Owl Labs Meeting Owl Pro is a device that combines a 360-degree camera, with eight omni directional echo-cancelling microphones, and a 360-degree tri speaker system. So, other than a name that makes total sense when you see the little device, what does this gadget actually do? Basically, it’s a camera, speaker, and microphone that allows for the individuals who are at the meeting live to seamlessly interact with the individuals who are on appearing Zoom, Teams, Webex, etc. The Owl Pro’s camera provides a full view of the room without any image stitching and automatically recognizes and switches focus on the live speaker sitting in the room, this little device is ideal for that Zoom deposition where your client has decided to join you at your office, or even a hybrid meeting.
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Kim Rommel-Enright serves as a Supervising Attorney at the Legal Aid Society of Palm Beach County in West Palm Beach, Florida and currently serves on the Family Law Section’s Executive Council.
In addition to her Executive Council commitments, Kim is also a Co-Secretary of the Legislation Committee and Chairs the Support for Adult Dependent Children and Name and Gender Marker Change Sub-Committees, the latter of which she helped create. Kim’s participation with the Section has been invaluable throughout the years. In 2008 and 2009, Kim Co-Chaired the Section’s Adoption/Paternity/Dependency and Children’s Issues Committee.
In 2011, Kim dedicated countless hours with a select group of Section members to help create the Guardian ad Litem Training Manual for Family Law Proceedings including a professionally filmed DVD used to train family law professionals throughout the state.
Kim has been the leader of the Section’s Ad Hoc Probate Jurisdiction (n/k/a Support for Adult Dependent Children) since 2016. In this capacity, Kim and her committee worked diligently on a Guardianship/Family Law Bill to submit for legislation. She has represented the Section in Tallahassee both meeting with legislators and testifying before a Committee. Kim is first in line of battle to protect children’s rights. As just one example, in the Summer of 2008, Kim published Becoming the Voice for the Child in The Florida Bar Family Law Section Commentator. Recently Kim authored Creating a Road Map for Parents with Adult Dependent Children, published in the Fall 2021 issue of the Florida Bar Family Law Section Commentator.
Kim has always strived to ensure that children’s issues are front and center. In 2005, Kim received the Chair’s Outstanding Service Award and in 2009, the Chair’s Award for Section Service and in 2020 she received the Albert Romero, Jr. Making a Difference Award. The Section sincerely thanks Kim for her dedication, commitment and perseverance.
Kim's advice to new attorneys: 'Focus on what makes you feel good about the practice of law. Always remember why you decided to be a lawyer. Be honest and kind in your dealings with clients and other attorneys. Don’t just give lip service to ethics, be an example of what a good lawyer and human being looks like. If you truly want to make a difference, consider becoming involved in the Section. It is an unbelievable feeling to know that you are helping make life easier and better for Florida’s families.'
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We are so grateful to our Section sponsors! Thank you for your ongoing support of our members and mission.
If your business would like to reach nearly 4,000 Family Law professionals through our various communications platforms and in-person and virtual events, we invite you to consider Section sponsorship. To learn more about benefits and levels, email [email protected] or click HERE to learn more.
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If you have a topic of interest regarding Family Law and you'd like to submit an article for our monthly e-Newsletter, FAMSEG, or our quarterly publication, The Commentator, email [email protected] for more information. Thank you for your interest in contributing to our member publications! |
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