Brandon Family Law Blog

What is a Case Management Conference?

marappc@yahoo.com — Thu, 09 Feb 2012 19:22:00 GMT

One of the most popular questions I get from my new divorce clients is what is a case management conference?" If you are involved in a dissolution of marriage action in Hillsborough County, you will more than likely have a case management conference scheduled when you file for divorce or when you are ...

Tags: case management conference,divorce conference,dissolution of marriage,divorce

Category: family law

Pending Alimony Law Changes for 2012

marappc@yahoo.com — Wed, 25 Jan 2012 19:19:00 GMT

With every new year comes a new alimony law discussion. Current pending legislation is attempting to have the following impacts on our alimony laws:

Tags: alimony,alimony law,divorce

Category: family law

3 Simple Tips for Successful Co-parenting

marappc@yahoo.com — Thu, 01 Dec 2011 17:58:00 GMT

It's That Time of Year, Again!

With Christmas right around the corner my phone is ringing off the hook!

Why is that, you ask?

Because year after year, divorced and separated parents can't come to an agreement on who should get the kids...

Tags: co-parenting,child custody,christmas

Category: family law

Does Adultery Matter for Divorce in Florida?

marappc@yahoo.com — Tue, 25 Oct 2011 19:40:00 GMT

So, you suspect that your spouse is having an affair?

Your first instinct might be to gather all the information that you can regarding this affair and present it to your divorce lawyer. While I usually firmly believe that you should...

Tags: divorce,affair,alimony,no fault divorce,adultery

Category: family law

If You Have Children, You Need A Will.

marappc@yahoo.com — Fri, 30 Sep 2011 12:50:00 GMT

Recently, in one of my family law cases, the mother passed away. After the death of their mom, whom had been the primary caregiver for the children with assistance from her parents, the grandparents...

Tags: estate planning,living will,guardianship,parental rights,primary care

Category: family law

Mother Forced to Share Parental Responsibilities with Stepmom who Killed Her Own Kids.

marappc@yahoo.com — Thu, 22 Sep 2011 18:47:00 GMT

an Oregon court ruled that despite the fact that the ex-husband’s new wife shot...

Tags: child custory,child visitation,shared parental responsibilities

Category: family law

HOA Foreclosures - What You Need to Know

marappc@yahoo.com — Thu, 15 Sep 2011 19:44:00 GMT

While many homeowners continue to struggle to pay their mortgages and assessments, homeowners and condo associations are also finding themselves facing financial hardship. As a result, many associations are choosing to take aggressive action by...

Tags: hoa foreclosure help,homeowners association law,condominium association foreclosure

Category: real estate law

Consult with an Attorney Before you Sign

marappc@yahoo.com — Tue, 13 Sep 2011 13:45:00 GMT

Often I have had perspective clients come in for a consultation with already signed marital settlement agreements. More times than not, the question is what can be done to set aside or modify these agreements. These agreements

Tags: marital separation,marital dissolution,modification of divorce,divorce contracts

Category: family law

New Census Data Reveals: Young People Marrying Less, Women Divorcing More

marappc@yahoo.com — Fri, 02 Sep 2011 22:40:00 GMT

A new Census report covering marriage, divorce and widowhood rates for men and women across the United States was just released (using data collected in the 2009 American Community Survey), and it includes some pretty eye-opening stats.

Marriage at all-time low.

Here are some takeaways from the report:

People are waiting longer to marry these days, marrying six years later (on avg.) than they were in 1970.
Teenage marriages have dropped the most, with only 7 percent of women marrying before age 20. (42% of women married as teenagers back in 1970.)
Stats for men are similar: in 1970, 57% of men aged 20-24 married - By 2009, only 24% of that age group married.
First time marriages in middle US States ( excluding Illinois and Colorado ) tend to last longer than those in the rest of the country.

Divorce Rates Climbing

Takeaways:

Many of the States with the highest marriage rates also ranked higher than average in number of divorces. Utah, Wyoming and Arkansas lead that list.
Recently divorced women more likely to live in poverty or seek public assistance than recently divorced men.
There were over 1 million children living with a divorced parent in 2009.

For more information, you can check out and dowload the pdf found here: Census report on marriage and divorce.

More ...

Tags: census marriage report,US divorce rates,Florida divorce stats,2011 Marriage stats

Category: family law

Durable Power of Attorney - What It Is and Why It Matters

marappc@yahoo.com — Wed, 24 Aug 2011 14:12:00 GMT

Durable health-care power of attorney and Durable financial power of attorney

Terri Schiavo, the 25-year-old Floridian who spent 16 years in a helpless state because of a crippling brain injury is a startling reminder of why the 'health-care' power of attorney is so vital. Her husband and parents fought an expensive court battle against each other for many years to determine if she should be removed from feeding tubes, all because Terri had never declared her wishes in the legal document.

The Durable power of attorney allows for a trusted third party to make medical decisions on your behalf, should you become incapacitated or unconscious for a long period of time. A living will is similar in that it states your health care and medical wishes but does not appoint another to make the medical decisions on their behalf.

A financial power of attorney lets a chosen third party handle business operations, bills and manage income when you are incompetent or incapable of doing so yourself. This is the 'Durable' part - a normal power of attorney ends upon the incompetence of the principal.

I'm still young and in good health. Why do I need a Durable Power of Attorney?

When asked if a durable power of attorney is really necessary for this group, Rita Marker,an attorney and executive director of the Patients Rights Council spells it out pretty clearly :

"[It] is absolutely vital for every adult - young or old, healthy or sick, disabled or able-bodied. Yet, few people are aware of how very necessary this is. For example, parents of college students take it for granted that, since they are paying for their child's medical care, they always have the right to make medical decisions for a son or daughter who is temporarily or permanently unable to do so.

In fact, without a durable power of attorney for health care, the parents of an ill or injured college student may not even be able to obtain basic information about their child's condition - let alone make health care decisions for them."

Even obtaining health care records for a hospitalized adult over 18 is near impossible without written consent from the patient, because of HIPAA regulations.

You wouldn't think of driving a new car or owning your home without protecting it with some form of insurance. Shouldn't you protect your own health care and financial wishes with a durable power of attorney?

More ...

Tags: durable power of attorney,power of attorney,health care directive,right to life,end of life,living will

Category: family law