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