Disclaimer (sticky post)

Disclaimer

 

This blog is written and published by Jan M. McCray Flemmons for educational purposes only, i.e. to give information and a general understanding of Florida family law, not to provide specific legal advice.  The information provided by this blawg should not be used as a substitute for legal advice from a licensed attorney in your state.  Jan M. McCray Flemmons is licensed to practice law in the State of Florida only.

 

Your use of this blawg does not establish an attorney-client relationship between you and Jan M. McCray Flemmons. Such an attorney-client relationship can only be established by execution of a contract for legal services between Jan M. McCray Flemmons, P.L., and a prospective client.

 

Some material contained in this blawg is general in nature and may not reflect the current laws of the State of Florida. The author of this blawg does not necessarily support the views expressed in all articles contained herein and cannot guarantee their accuracy.

 

The inclusion of material from identified sources is for educational purposes only and is not intended to infringe on the copyrights of the identified sources.

Getting married or know someone who is?

See me at the Wedding Expo @ Amelia Island Golf Club Sun 1/10 1-4 pm! Prizes and goodies galore!

Avoiding Conflicts Between Your Advance Healthcare Directive and Organ Donation Directive

            If you have or are thinking about obtaining an advanced healthcare directive, an organ donation directive, or both, this information is vital!  An advanced healthcare directive indicates which specific treatments are not desired at the end of your life—whether it be CPR, ventilators, or other life sustaining equipment.  People often think of an advance directive as an indication of when to “pull the plug.”  An organ donation directive indicates your desires about the donation of your organs and/or tissues upon your death.  Individuals may become organ donors in the State of Florida by 1) legally executing a Uniform Donor Card, 2) adding “organ donor” to your driver’s license, 3) legally executing a living will, or 4) obtaining an advance healthcare directive.

             A conflict between your advance healthcare directive and your organ donation directive may occur when you are, for all intents and purposes, dead (i.e. cardiac death or brain dead), but your body still functions so that your organs could be donated.  If you have experienced cardiac death or brain death, your organs are still functioning and may be donated.  However, if you have executed an advance healthcare directive, life sustaining procedures will cease upon your death, and organ death will soon follow.  Because of relatively quick organ death, the time to harvest your organs into a new recipient is extremely (if not impossibly) small.  Therefore, your advance healthcare directive essentially cancels out your organ donation directive because it has become impossible to keep the organs healthy long enough to place them in a recipient.

 To avoid this conflict, contact my office at 904-321-0987 so we can draft your documents to preserve and prioritize your end of life wishes.

Downfalls of Social Networking

Everyone has heard about the benefits of social networking: connecting with old friends, keeping in touch with current friends, making new friends, searching for a new job, meeting new business prospects, meeting new friends who share a mutual interest, promoting yourself or your business, promoting a charity event, etc.

Popular tools for social networking are Twitter, Facebook, MySpace, Friendster, WordPress, and LinkedIn. Users of social networking services can often post messages, articles, photos, and videos. And post they are! As a society, we are living our lives out online, by blogging, and posting messages, photos, and video about the events in our daily lives. These social networking tools have become a digital diary—a diary in which we invite, and indeed encourage, the world to view.

While most of the information shared is innocent, some of the information users post can come back to haunt them, depending on who is viewing the users’ content. Generally, anyone with an internet connection can view the information users post. Viewers include individuals you may not have thought about when you posted those pictures of your latest and greatest adventure: future employers, current employers, criminals, parents, loved ones, friends, and attorneys! Today, we will discuss employers, criminals, and attorneys.

Current and Future Employers
One would be naive to believe that employers, both current and future, do not “google” employees. Employers want to know as much as they can about their employees, particularly a potential new employee. When an employer googles your name, the information you have posted on a social networking site is often displayed in the search results. Your employer will see your blog, messages, friends, and photos. Depending on the content of your site, employers can and will dismiss you from employment, or refuse to hire you. Again, depending on your industry, location, and site content, some employers may contact competitors and notify them about your site. The potential damage to your career could be permanent and unending. (Take a minute to google yourself and see what you find!)

Criminals
Criminals of all types troll the internet daily looking for their next victim. Of particular note are the pedophiles and pimps who are baiting their next money maker. Pedophiles and pimps frequently prey on teens who are insecure or lonely and lure them to a meeting wherein the teen may be used for sex or even sold into the sex slave trade. Other criminals scour social networking sites to steal your identity, by using the information you (or your friends) have posted about yourself.

Attorneys
Attorneys, particularly criminal and family law practitioners search the social networking sites. Attorneys may search their own client’s profiles or the profiles of the opposing party. The reason for this is two-fold. First, clients are not always completely honest about the information they are posting about themselves. Second, the information opposing parties post may be damaging to their side of the case. For example, say an individual posts a picture of him/herself giving a small child alcohol. This could be admissible in both criminal and family law cases. The State Attorney will use the information to build a criminal case against the individual and charge the individual with the applicable crimes. A family law attorney may use the same photo to deny the individual visitation or custody of the minor child. A photo with this type of content can be fatal to your case, and an attorney would like to know about them sooner rather than later.

With the above in mind, be aware of what you are posting online and what your friends are posting online about you. If in doubt, leave it out!

Same Sex Marriage in New Hampshire and Maine

This week, the legislatures of both Maine and New Hampshire have approved same-sex marriage bills.  The governor of Maine immediately signed the same sex marriage bill into law.  New Hampshire’s governor has not yet signed the same-sex marriage bill, and has indicated in the past that because New Hampshire recognizes civil unions, a same-sex marriage law is not necessary. 

Source:  http://www.cnn.com/2009/POLITICS/05/06/maine.same.sex.marriage/index.html?eref=rss_topstories

Florida holding $28 million in child support payments, is it yours?

Florida’s Department of Revenue is currently sitting on $28 million of paid child support.  The Department of Revenue said the funds have not been distributed because of incorrect information, addresses, etc.  If you are supposed to be receiving child support, but have not received the payments, check with the Department of Revenue to see if they have your money, but are unable to locate you.

Read the full story from the Orlando Sentinel here.

Domestic Violence Prevention Training for Florida’s Law Enforcement Officers

Florida State University’s Institute for Family Violence Studies and Florida’s criminal justice community teamed up to create a training program to reduce the number of officer involved domestic violence incidents.  The course, “Officer-Involved Domestic Violence: A Prevention Curriculum,” is available online at no cost to the officers.  The course, the first of its kind in the United States, can be used as part of their mandatory educational hours to maintain their certification. 

For the complete article, click here.

On a more personal note, as a prior domestic violence victim advocate, I worked on cases wherein the abuser was a law enforcement officer.  Domestic violence cases in particular are problematic for the officers because individuals who have been charged with a domestic violence offense must usually turn over any weapons (including firearms) in their possession.  Obviously, this can be problematic for law enforcement officers (who were usually given a desk job until the case was disposed of).  In my experience, victims of law enforcement abusers were much less likely to partcipate in the prosecution of these charges because the lack of a firearm affected their abusers job or livelihood.  In short, this course which focuses on prevention instead of reaction appears to be a very good way to eliminate this issue before it becomes an issue.

Pimps use social networking sites to recruit minors for prostitution

In the same vein as the sexting article in this bLAWg, pimps are using the social networking sites to befriend and lure minor females into prostitution.  These young women are then rented out on craig’s list or other similar sites.  The girls are also relocated across the country as necessary, beaten and abused in order to force their compliance with their new lifestyle.

For more, click here.

Effect of deportation on families (and welfare system)

The Sun-Sentinel (in Ft. Launderdale, Florida) has a very interesting article discussing the effect that deportation has on Florida’s welfare system.  The article focuses on a father who has been deported after his asylum case was denied (after 16 years), but his wife and children (who are US citizens) remain in Florida, but are required to seek public assistance because of the husband/father’s lost income.  In my area of Northeast Florida, I do not come across many immigration cases that affect my clientele, but thought this was an interesting subject that many of my colleages face on a daily basis.

For the complete article, click here.

Higher Filing Fees for Divorce, Death, and Probate are being Debated

Florida’s House and Senate are toying with ways to make up the deficits created by the decrease in property tax revenue.  Of particular interest to readers of this bLAWg are the fees for Divorce, Death, and Probate.

Divorce
The current filing fee for all divorces is $408 in the Fourth Judicial Circuit.  For couples with assets valued at $50,000 to $250,000, the filing fee would increase to $1,000. Couples with assets of more than $250,000 would pay $2,000.The divorce tax is in the Senate budget but not the House plan. The state is expecting 72,000 divorces next year. (Revenue: $72.6 million).

Death
Both chambers propose a new $20 fee for recording burial rights. People reserving a grace space, underground crypt, mausoleum and the like would be required to register the purchase with the county clerk and submit a $20 payment. (Revenue: indeterminate).

Probate
Filing fees would rise for probate cases, which involve taking guardianship of someone who is elderly or disabled or settling the estate of a deceased person. The current $285 charge would rise on a sliding scale. For cases involving estates valued at $50,000 to $250,000, the filing fee would increase to $1,000; for estates of $250,000 to $1 million, the fee would increase to $2,000; for estates of $1 million or more, the fee would increase to $5,000. (Revenue: $63.5 million).

For the current list of filing fees for the Fourth Judicial Circuit (including Duval, Nassau, and Clay Counties), click here.

For a list of the proposed fee hikes (including just about everything you can think of) which will double or triple in cost, click here.

Collaborative Divorce Is Not For Everyone

Collaborative divorce is a gentler, more efficient, and less adversarial way to negotiate the terms of your divorce settlement (within the limits of the law of course).

 

Goal of Collaborative Divorce

The goal of collaborative divorce is for the divorce to be a win-win situation (if that is at all possible) for both parties.Each party may negotiate for what is most important to them, as opposed to what the State, Judge, or other individual may believe is most important to each party.Collaborative divorce is different from mediation in that mediation is a more adversarial process wherein each party uses bargaining chips to either reach their goal or prevent the other party from receiving what they value most.Collaborative divorce is non (or less) adversarial and, while both parties are feeling the emotional and financial aspects of divorce, the parties are less about blame, guilt, etc., and instead choose to focus on reaching a settlement that is reasonable or acceptable to both parties.

CollaborativeDivorceIs Not For Everyone Because…

While I am a whole-hearted believer in the collaborative divorce process, collaborative divorce is not for everyone.For example, collaborative divorce only works if both attorneys are properly trained in collaborative divorce techniques, if there is no history of domestic violence between the parties, both parties can trust the other party, both parties understand how collaborative divorce works, and each party agrees follow the rules.Further, in a true collaborative divorce, if the parties are unable to reach a settlement in the collaborative process, both parties must retain new attorneys and start over.Their collaborative attorneys cannot represent or serve as a mediator to either party during future divorce proceedings.

Attorney Training
Attorneys who practice collaborative divorce have received training on the collaborative process and the techniques required to help both parties reach a settlement.Usually, a collaborative divorce attorney will not choose to participate in a collaborative divorce if the opposing attorney is not trained in collaborative law/divorce.

Domestic Violence
If there is a history of domestic violence between the parties, collaborative divorce is not appropriate.The collaborative divorce process is based upon an even power distribution between the parties.Domestic violence indicates an unequal bargaining position of one of the parties.Therefore, domestic violence eliminates parties from the collaborative divorce process.

Trust Opposing party
Similar to domestic violence, the parties must trust each other throughout the process.If the parties cannot trust each other, there is unequal bargaining power and the collaborative process is not appropriate.

Understand and Become Dedicated to the Process
Both parties must understand how the entire collaborative law process works from start to finish.Both parties must be dedicated to the process.The collaborative process includes several meetings between the parties and their respective counsel.Each party and their attorney must be dedicated to the process and the meetings.

Follow the rules

If the collaborative divorce fails, then both parties must start over with new attorneys.
One of the biggest “cons” of a true collaborative divorce process, is the fact that if the parties are unable to reach an agreement through the collaborative divorce process, the parties must start over in a standard divorce process.The collaborative attorneys are prohibited from representing either party (or serving as a mediator for the parties) in dissolution proceedings.The reasoning behind this “rule” is that because of the collaborative process, each party and their attorney knows the facts of the case and the particular wants and needs of the opposing party.

The collaborative divorce process can be beneficial to both parties; however, the above listed items must be considered before the process is undertaken to ensure the collaborative process and the collaborative divorce attorney is a good fit for your unique situation.