Archive: January 2017

A new Florida alimony bill was filed on January 21, 2017. Below are some of the biggest adjustments we found made to the alimony bill.

Are you facing divorce and have questions regarding the new alimony bill? When it’s a matter of importance, let our qualified alimony attorneys take the lead. HD Law Partner’s divorce and alimony attorneys have over 50 years of collective experience to provide you with the representation you need. Contact us today for help.

Source: http://m.flsenate.gov/Session/Bill/2017/0283/BillText/__/PDF

Posted in Alimony, Divorce |

Recently, the 11^th Circuit Court of Appeals upheld a ruling in support of an insurance company, clarifying the importance of what evidence is required in order to prove that a claimant has suffered from a permanent injury.

The bad faith case filed in the Middle District of Florida involved an insurance claim originally filed against Geico in 2009 for allegedly failing to provide the claimant—Catherine Cadle—with the maximum payout/settlement under her motorist policy for injuries she was supposedly suffering from due to a 2007 car accident. Geico responded that Cadle had failed to provide sufficient evidence that she actually suffered from a permanent injury.

Permanent Injuries

In claims involving allegations of permanent injuries, an insurer is entitled to rely on the documents provided by the claimant’s attorney; however, reliance on these documents cannot amount to bad faith (in other words, a court will not hold that an insurance company acted in bad faith in only relying on the documents provided by the plaintiff and failing to do their own investigation).

Many patients in Florida suffering from a variety of ailments are looking forward to the potential relief they may get from approved cannabis treatments. On January 17, the Florida Health Department released draft rules for a statewide medical marijuana program. Here are just a few notable proposed rules:

These rules are not final and will likely change. The public has a chance to comment on these rules via the Department of Health website. There will also be a series of public meetings around the state.

Medical marijuana public hearings:

Jacksonville: 2-4 p.m. Feb. 6 at the Duval County Health Department, 900 University Blvd. North.

Fort Lauderdale: 10 a.m.-noon Feb. 7 at the Broward County Health Department, 780 SW 24th St.

Tampa: 9-11 a.m. Feb. 8 at the DOH Tampa Branch Laboratory, 3602 Sepctrum Blvd.

Orlando: 6-8 p.m. Feb. 8 at the Orange County Health Department, 6102 Lake Ellenor Drive.

Anyone who has gone through (or is currently going through) divorce and has children knows that one of the primary concerns is the well-being of their children and how they will get through it. Change can be especially harsh on children, especially during stages when routines are so important to their development. According to the experts, what type of response the child has can depend upon whether they are in childhood or adolescence; where divorce can sometimes increase a child’s dependence and regression, while increasing an adolescent’s independence and aggression.

That being said, there are actions you can take to help provide the support that children need during times of divorce, such as:

Communication

Encourage your children to be honest with you and articulate what they are feeling. Be a good listener and ask questions.

In addition, maintaining a good relationship with your ex and avoiding conflict can help avoid the stress that children sometimes internalize when they are exposed to that conflict, or when they feel pressured to pass messages back and forth. Children can also internalize hurt when they feel like they need to take sides and “pick” a parent’s side during times of conflict.

Divorce not only brings change to your personal/family life, but to your finances as well. This is why it is crucial that you make the right financial decisions immediately before, during, and soon after your divorce, so that you are on the right track. This can be done with the assistance of an experienced family law attorney who, by knowing the ins and outs of Florida state law, can ensure that you are on the right track in embracing your new future. Without ensuring that you have informed guidance, you could end up sacrificing retirement plans and other assets you’ve worked hard to acquire.

Just between 1990 and 2010, the divorce rate amongst individuals 50 years or older doubled. Unfortunately, when these couples plan for their retirement, they do so assuming that they will be together forever; an assumption that can end up hurting both individuals. This is why working with an experienced estate planning and/or family law attorney—even before you get married—can help simply ensure that you are protected no matter what happens.

Over the years permanent alimony has become rare and a few states, like Florida, still have this provision. Permanent alimony is designed to provide for the needs and necessities of a former spouse to maintain the standard of living set during the marriage. Alimony may have a very important impact in a divorce. Therefore, consideration for permanent alimony is not taken lightly.

The Florida Family Law courts take several factors into consideration when settling on permanent alimony, including:

Florida Family Law courts will consider modifying or stopping permanent alimony payments if there is good reason such as:

Are you facing divorce and have questions regarding permanent alimony? When it’s a matter of importance, let our qualified alimony attorneys take the lead. HD Law Partner’s divorce and alimony attorneys have over 50 years of collective experience to provide you with the representation you need. Contact us today for help.