Judge Rules Properly on Sandusky Grandchildren Issue

 

      For several weeks major news stories and significant hoopla focused on the serious allegations of child molestation, encompassing 40 criminal counts of sexual abuse of children against Penn State University’s former assistant football coach, Jerry Sandusky. 

 

            It seems that Jerry Sandusky’s son, Matthew, is in the throes of custody proceeding involving, among other matters, the time sharing with Matthew’s and his former wife Jill’s three children, ages 9, 7 and 5. On November 7, 2011, just two days after the charges were filed against Jerry Sandusky, the former Jill Sandusky (now know as Jill Jones) filed a petition in the Court of Common Pleas of Centre County, Pennsylvania, asking that the court “enter a temporary order stating that until further order of court, the children shall not be in the home of Jerry Sandusky or in his presence.”

 

            Apparently the parties had an Interim Parenting Plan, dating back to August 3, 2011. According to Jill’s allegations, when the children are with their father, Matthew Sandusky, they are “regularly in the care of their grandparents,” Jerry and Dorothy Sandusky.

 

            Although I don’t know whether Matthew Sandusky’s attorney filed  a response to this motion, one thing is clear, the presiding judge, Thomas King Kistle, made a proper decision in ruling on the motion.

 

            Judge Kistle, in a temporary order entered on the same day the motion was filed, held that the Sandusky children were not to be in the presence of Jerry Sandusky “without supervision,” and further temporarily prohibited overnight visitation at Jerry Sandusky’s home.  Although Jill Sandusky sought to prohibit Jerry Sandusky from any contact whatsoever with his grandchildren,  Judge Kistle amended the proposed order so that safeguards were in place for the protection of the children, while limiting the further trauma that the family and the children are certainly suffering under the scrutiny of the country and the world. 

 

            Being neither in the position of judge nor jury in determining Jerry Sandusky’s guilt or innocence,  I’ll leave that to the state of Pennsylvania’s justice system.  But besides (perhaps rightfully) turning the reputation of esteemed Penn State football Coach Joe Paterno upside down, there is more at stake...the Sandusky grandchildren.

 

              Although these children are relatively young, undoubtedly wagging tongues, finger pointing and muffled whispers have infiltrated their childhood  in the vicinity of their Penn State University dominated town.  By Judge Kistle’s benevolent and wise temporary ruling, at least these children have some stability whereby their grandfather is not abruptly removed from their lives, yet the children are protected from this alleged predator.  If Jerry Sandusky did even one of the things he’s been accused of he should rot in some far away jail forever...if that is punishment enough.  Someday, these children will know the truth.  But for now, Judge Kistle ensured that these children will be safe, but put a band-aid on a family that surely needs it.

 

            Oh, and also, glad to see that Judge Kistle’s order also addressed the issues of Matthew Sandusky using his mother as a conduit for communication between his ex-wife and himself.  Good for you Judge Kistle...and Matthew, grow up.  These are your children and Jill’s. Whatever

brought about the demise of the marriage (and believe me, as a family law and divorce attorney I’ve heard it all), act like an adult and father.  You need to parent these children TOGETHER.  Takes what’s good about both of you (and, apparently you used to see something good to have three children together) and use it to raise three healthy and happy children.

 

            Our firm has handled similar cases.  We are attorneys, but we are also parents and people who care about children and families...especially those fractured by divorce.  If you have issues involving time sharing with your children in Florida, and particularly Miami-Dade, Broward and Palm Beach Counties, we would be glad to speak with you about them.

 

Cindy S. Vova

Law Office of Cindy S. Vova, P.A.

8551 West Sunrise Boulevard

Suite 301

Plantation, FL 33322

(954) 316-3496

cindyvova@vovalaw.com

Did you ever wonder how you can access the information that is filed with the court in a family law case?  If your case is filed in Florida, and that, of course includes Miami-Dade, Broward and Palm Beach counties, as well as the rest of the state, the answer is....virtually EVERYTHING!    Not only is this information accessible from the actual courthouse if someone asks to see your file, but a person can access all of this information from the comfort of a home computer via the internet.

   

Until about a year ago, one could not access much of the "private" information in family law cases, for example, marital settlement agreements, financial affidavits, time sharing (custody) judgments, and final judgments, via the internet.  New legislatives changes at the beginning of 2011 removed much of the restrictions and makes much of these private matters part of the public domain...unless the safeguards that were also enacted are followed, including the filing of a Notice of Confidential Information Sheet along with pleadings.   

 

            Recently,  the Honorable Rene Goldenberg, Family law judge in the 17th Judicial Circuit, Broward county, Florida, spoke to the Broward County Matrimonial Attorneys at their monthly luncheon regarding the new legislation governing confidentiality and the attorney's duty to clients.  Judge Goldenberg said that none of the cases she recently reviewed in her division, were accompanied by the Notice of Confidential Information  Sheet, mandated since January, instructing the clerk to remove the confidential information, including, but not limited to social security numbers, from family case pleadings.  I can confidently tell you, as my associate, Penny Taylor- Miller informed the judge, that she apparently did not review any of the files from the Law Office of Cindy S. Vova, P.A., as our firm instituted this procedure back in January, and now, commensurate with the new legislation effective October 1, 2011, also ensures that further confidential information remains that way for our clients.

 

             If you are involved in a divorce, or other family law case, ask your attorney if he filed the Notice of Confidential Information with your case.  If your spouse or former spouse filed petitions or motions containing information that is untrue or that you do not wish your children (or anyone else for that matter) to read in the future, ask your attorney if she plans to file a Motion Exempting Family Court Record from Public Access.  If your attorney says "yes," ask to see it.  If your attorney is clueless as to what you are talking about, call our office.  The Law Office of Cindy S. Vova, P.A.   Clients are our most important asset.  We stay up-to-date on the law so we can do everything in your best interest.

 

Cindy S. Vova

The Law Office of Cindy S. Vova, P.A.

8551 West Sunrise Boulevard

Suite 301

Plantation, FL 33322

954-316-3496

info@vovalaw.com

 

Florida Changes Child Support Law Reducing Child Support For Paying Parents

In Florida child support is awarded based upon the proportion of the parties’ incomes and a set guideline amount.  Previously,   guideline support was reduced only when a paying parent spent at least forty (40%) percent of the annual overnights with the child(ren).  Late last year that changed.  Now a parent paying child support receives a reduction in the amount of child support awarded when the child(ren) stay overnight with the parent at least twenty percent (20%) of the time.  As you can image, this drastic change affects significantly more of the child support awards, effectively reducing the amount of child support awarded in many cases.  Further, previous child support awards can be modified downward to take advantage of the new law when the paying parent receives the significant (at least 20%) amount of overnights with the minor child(ren).  

In order to be eligible for the reduction, the paying parent must have the minor child(ren) overnight for only seventy-three (73) days each year.  To equate this into time-sharing terms, a parent who shares time with the child(ren) every other weekend, for just two overnights each time; who has two weeks in the summer; and who has at least one-half of the Winter Break and a few other overnight holidays during the year, can meet or even exceed the seventy-three day mark to receive a reduction in the child support award.  This type of time-sharing schedule, for a parent who wishes to spend time with the minor child(ren) [and lives within a reasonable distance from the other parent] is not difficult to attain. 

The amount of the reduction, of course, increases with the amount of overnight visits the paying parent receives.  Thus, a paying parent who has ninety-three (93) overnights will see a higher reduction than one who receives seventy-three (73) days. 

There is, however, a glitch in how this reduction is calculated which results in not everyone receiving a reduction in the child support award.  There are times when there is such a disparity in income between the parents (where the paying parent’s income far exceeds the other parent’s income) that the reduction calculation yields no credit whatsoever.  Instead, the reduction calculation lists a higher amount of child support due and owing.  Presumably, this result was anticipated by the legislature.  In fact, Cindy Vova, who sits on the Support Issues Committee of the Family Law Section of the Florida Bar, advises the committee is currently working on this matter and plans to make suggestions to the legislature to correct this glitch. 

In the State of Florida, our law firm is dedicated to assisting people with their family law needs. We practice throughout the state, but focus on Broward, Miami-Dade and Palm Beach Counties.   Please contact us for a free consultation if you have any questions regarding modifying your child support to receive a reduction for significant time-sharing or for any other family law issue you have.

(THIS BLOG WAS WRITTEN FOR INFORMATIVE PURPOSES ONLY AND SHOULD NOT BE CONSTRUED TO REPRESENT AN ATTORNEY/CLIENT RELATIONSHIP.  FURTHER, VARIOUS FACTORS OFTEN AFFECT THE OUTCOME OF A FAMILY LAW CASE.  THEREFORE, YOU SHOULD CONSULT WITH A FAMILY LAW ATTORNEY INSTEAD OF RELYING SOLELY ON THE INFORMATION IN THIS BLOG.)

Penny Taylor-Miller, Esq.  

Cindy S. Vova, P.A.

8551 W. Sunrise Blvd.

Ste. 301

Plantation, FL 33322

(954)316-3496

www.vovalaw.com

MOVING WITH YOUR MINOR CHILD AFTER YOUR DIVORCE

In the state of Florida, if you no longer live with the other parent of your child, there are statutory limitations on moving with your minor child.  These limitations begin if (a) you move 50 miles or more from the residence at the time of the divorce (or  other time-sharing court order), and (b) the move extends 60 days or beyond.  If this occurs, the statute requires you to either obtain written consent of the other parent or obtain a court order permitting you to relocate prior to moving.

Any written consent from the other parent must:  (a) specify that the consent is given; (b) specify the time-sharing schedule for the parent giving permission; and (c) specify the transportation arrangements for the time-sharing agreed upon.  Once the agreement is fully executed by the parties, it must be ratified by the Court.  It is important to realize that a verbal agreement is insufficient.  If you move 50 miles or more based upon a verbal agreement, the other parent can change his/her mind and, through the courts, force the minor child’s return to the State of Florida.

If the other parent refuses to provide written consent, then the parent who wishes to relocate must file a Petition for Relocation and seek the Court’s permission in order to move.  Once the Petition is filed, it must be served upon the other parent, who will then have 20 days to formally object to the Petition.  If the other party fails to do so, the relocation is generally approved by the Court (unless the Court finds the relocation is not in the child’s best interest-which rarely occurs).

If an objection is filed, you can request a temporary hearing which will permit you to relocate temporarily within 30 days from the date of an appropriately filed request.  Further, the Court is required to hold a final hearing within 90 days from the date of an appropriately filed request.  If you fail to obtain court approval prior to relocating, the Court will enter an order, upon request,  requiring the minor child to return to the jurisdiction the child previously resided. 

In order to relocate over the objection of one parent, you must prove that the move is in the best interest of the minor child.  This burden is not always easy to prove.  The Court looks at, among other things, (a) the relationships between the child and the parents, siblings, etc. and what effect the move will have on this relationship, along with the ability to preserve the relationships; (b) the age and needs of the child; (c) the child’s preference; (d) the quality of life the move will provide to the parent and child; (e) the reasons for relocation and for opposing relocation; (f) financial situation of each parent and whether relocation is necessary to improve same; (g) if the other parent has any financial obligation outstanding to the relocating parent; (h) career opportunities that result from relocation; and (i) whether there is any substance abuse or domestic violence history between the parties. 

Whether you live in Hollywood, Hallandale, Dania Beach, Pompano Beach, Tamarac, Fort Lauderdale, Coral Springs, Sunrise, Miramar, Lauderdale-By-The-Sea, Davie, or Deerfield Beach, our firm has the knowledge and experience necessary to assist you in pursuing your relocation request.  We can assist you in drafting an agreement to be ratified by the Court or with a relocation petition, whichever may be necessary.  Please contact our firm for a free consultation. 

Penny Taylor Miller, Esq.

Cindy S. Vova, P.A.

8551 W. Sunrise Blvd.

Ste. 301

Plantation, FL

(954) 316-3496

UPSIDE DOWN, UNDER WATER- OPTIONS FOR HOMES WITH NO EQUITY IN DIVORCE

Sinking in Sunrise? Under water in Weston? Homeless (almost) in Hollywood? Upside down in Davie? Whether you’re in Plantation, Parkland, or Pompano; Cooper City, Ft. Lauderdale or Sunshine Ranches, no neighborhood is immune from the devastated housing market. When it comes to divorce, often the most difficult question is how to equitably divide the marital home when the home has no equity!

How times have changed when it comes to resolving the issue of the marital home in a divorce.

- Fourteen years ago, when a couple purchased a home a few years before the divorce, frequently they waived having an appraisal of the house, because they presumed the house was worth what they paid for it.

- Eight years ago, an appraisal done at the beginning of the divorce case became worthless a week later as prices spiraled out of control.

- Today, those former spouses who refinanced or took a second mortgage to buy out their spouse are, most likely upside down, owing significantly more on the home than the value of the property.

So what options do couples divorcing today have when they owe more than the home is worth, commonly referred to as the property being “upside down” or “under water”? There is not a “one answer fits all” solution if, in fact there, is a true solution to this dilemma. If you owe more than, for example, 150 percent of the value of the home, and have already fallen behind on your mortgage payments, there may be no viable economic solution.

On the other hand, even if the mortgage loan exceeds the value of the home, your mortgage payments may be more manageable (i.e.: less expensive) than leaving the home and renting a comparable property. In this case, it may make sense to stay in the home. In other cases certain government backed programs exist whereby, if the homeowners meets certain specific criteria, they may qualify for these refinancing programs where a portion of the principal and arrears and added to the back end of the loan.

I recently learned of another innovative alternative program whereby homeowners may obtain a refinancing of their mortgage for 125 percent of the property value. In order to qualify the original loan must have been a Fannie Mae or Freddie Mac loan with the original principal no greater than $417,000. Although the rates may be slightly higher than conventional loans, if you qualify, it may be a great way to turn right-side-up, and allow a divorcing family an alternative to losing the family home.

The Law Office of Cindy S. Vova, P.A. offers creative and innovative solutions to the upside down property. To find out more about property division in a divorce, please feel free to call our office at 954-316-3496, visit our website at www.vovalaw.com., or email us at info@vovalaw.com.

For more information about this 125% financing, contact Anita Todras at WCS Lending, LLC, 951 Yamato Road Suite 150, Boca Raton, Florida 33431, ATodras@WCSLending.com, 561.864.2417.

WHAT YOU NEED TO FIND A GOOD DIVORCE LAWYER

A divorce is likely one of the most traumatic events anyone goes through in their lifetime.  For this reason, it is extremely important to obtain a lawyer who knowledgeable and compassionate.  There are several things you can look for to ensure that you find the right divorce lawyer.

 

First, look for an attorney who concentrate in divorce law and who has been practicing divorce law for a lengthy period of time.  Lawyers who concentrate in a particular field are generally more experienced and knowledgeable in that particular field of law.  Similarly, the longer the lawyer has been practicing, the more knowledge and experience in that field the lawyer has.  Also, the longer the lawyer has been practicing divorce law, the more likely that lawyer is to know the judges and how the judges feel about certain issues that arise in family law.  This information can be invaluable in deciding whether to settle a case or proceed to trial.   

 

Second, look for an attorney who is successful inside the courtroom and outside the courtroom.  An overly aggressive attorney who is unable to settle cases without court intervention can become a costly venture.  It is important to find an attorney who has tried many family law cases before a judge; but it is just as important that the attorney is able to settle cases without a trial.

 

Third, make sure you are comfortable with your attorney.  You need to be able to talk to your attorney.  You will have to divulge confidential and personal information to your attorney.  This is easier to do if you feel comfortable with your attorney.  An attorney and a client need to have a good rapport. 

 

Here at the Law Office of Cindy S. Vova, P.A., with over 28 years of collective experience, we meet or exceed your expectations on each of the three points above.  Call us at 954-316-3496 or contact us through our website www.vovalaw.com to learn more.

 

Finding a good divorce lawyer is the first step to getting through the difficult process of divorce.  By looking for these three things in a lawyer, you will be on your way to finding the lawyer that is right for you.

 

Cindy S. Vova, PA

Labor Day and The Law

Labor Day passed, the kids are all back in school, and the chaos you call “family life” continues in full swing.  In my office, the matter we call “family law” is part of our daily routine.

In my office, however, every client is treated specially because at the Law Office of Cindy S. Vova, P.A. we realize that each client’s situation is unique.  Our clients deserve our care and concern.  Whether we deal with Sam’s divorce in Sunrise, Paul’s paternity case in Plantation, Wendy’s alimony case in Weston, Carla’s child support in Cooper City or Daniel’s relocation case in Davie, our aim is to get our client through his or her case as expeditiously and cost effectively as possible. 

 

          In the future, my discussions will cover various issues involved in family law beyond those that the court addresses.  My goal is to give you an insight into what you can expect  if you are involved in a family law case, and how you can help steer your destiny with sound and informed decisions.

 

         Whether you live in Broward County, Miami-Dade County, Palm Beach county or beyond, Florida family law is our backyard.