Post-Conviction
Pros & Cons of Hiring a Lawyer v. Doing It Yourself (Pro Se)
Like in all other areas of law, individuals always have the option of representing themselves instead of hiring a lawyer. However, just because they can, it doesn’t necessarily mean that they should. Here are some of the pros and cons that should be considered when deciding whether to hire a lawyer or not.
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If you would like to talk to an attorney to determine if post-conviction is available to you or your loved one, contact Attorney Evelyn J. Pabon Figueroa at (407) 647-7887 or epabonfigueroa@cplspa.com.
The Time is Now
We are certainly living in a different time right now. Sheltering in place, social distancing, and wearing masks. And as many areas begin to reopen and relax restrictions, life will start to look much like it did before. One of the places that are not reopening and may not be for a while are the Courts. Since these are places where large gatherings are common, these may be the last to resume operations.
For many, the closure of the courts has had no effect. For others, this has had a huge impact. Those in the middle of a divorce have had their cases put on hold indefinitely. When the courts do reopen at some point, there will be a backlog of cases already the system such as those whose scheduled hearings and trials were canceled as well as those that need to be scheduled. The partial or full resolution of the cases will be delayed indefinitely. Those who have just decided to move ahead with their divorce cannot begin their cases until the courts have opened. When the courts do restart, these cases will be the last to be heard due to the backlog of existing cases when this pandemic began.
For those who are beginning their divorce journey and even the ones that are already in the process, there are alternative paths than using the courts to resolve their case. Mediation with or without attorneys is one option. The spouses can utilize this dispute resolution opportunity whether their divorce has been filed in court or not. There is a significant reduction in cost if attorneys are not used. The most significant benefit of mediation is that the parties and only the parties decide the outcome of their case instead of a judge. Who best to know how to resolve their divorce issues effectively? Another benefit is that the parties decide when to meet and not allow the courts to dictate the speed or lack thereof of their case. The parties also decide when to end their case. Frequently, their case takes significantly less time to come to a resolution than if their case was in court. Many times, their cases can be resolved in one meeting. The swiftness, direction, and outcome of their case are totally in the hands of the parties who use mediation to resolve their divorce.
The time is now to move ahead with your divorce even though the courts may be closed. Mediation is one option to resolve your case. Next week, I will focus on another opportunity to resolve your divorce without using the courts.
As a Certified Family Law Mediator, I have facilitated and worked with many couples toward a successful outcome of their divorce through mediation. Having previous experience as a CPA allows me to provide additional support in developing financial options with them.
If you’d like more information on how to move forward with your divorce or any other family law matter contact Attorney Anthony Diaz today at adiaz@cplspa.com to discuss any family or marital legal issues you may be experiencing.
Modification of Child Support Payments Due to Covid-19
As almost every aspect of our lives continues to be impacted by the Covid-19 pandemic, many people are finding it hard to make ends meet as they wait for the economy to re-open. This is particularly true for those that must still try to manage on-going Court ordered financial obligations such as child support. I have received a lot of questions lately from parents eager to learn about whether they can modify their existing support payments due to loss of income during Covid-19, and while the general rule in family law cases is that child support can be modified, people seeking Covid-19 related modifications may face certain hurdles.
Florida law permits the modification of child support obligations, either up or down, based on a substantial, unanticipated, long-term change of circumstances. In most cases, child support modification requests are based on a reduction in a parent’s income usually caused by a change in or elimination of employment. If such a change in employment has occurred, then the proper avenue to pursue is to seek a modification through the filing of a Supplemental Petition for Modification. In such a petition, the parent seeking modification must fully state the reasons as to why they can no longer make their Court-ordered support payments, including indicating when the income reduction started and how long the situation may be expected to last.
There are two main issues with requesting child support modifications during the Covid-19 pandemic that I can see. The first issue is whether or not a parent’s reduction in income would constitute a long-term change or a change that is more permanent in nature, versus a temporary reduction in income that has the potential, in the near future, to go back to pre-Covid 19 levels. This is evaluated on a case-by-case basis and determined by the industry in which a paying parent works, including the ability of that industry to get back going again. For example, if a parent is furloughed from their employment, but expected to return to work by June, then it may be difficult to argue to the Court for a modification of your support obligations. If however, you work in an industry, or at a job that may not bounce back quickly, or at all, then your chances of obtaining a modification of your child support amounts would be greatly increased.
The other main issue that could arise, depending on the county in which you live, is how to access to Court system during Covid-19. Back in March, the Florida Supreme Court issued orders that effectively closed courthouses throughout the State for all but essential court proceedings through the end of May. Under the guidelines provided by the Florida Supreme Court, the lower courts throughout Florida are to try to continue court services and proceedings using whatever technology is available to them. This means many non-essential hearings, such as child support issues, may be able to be heard telephonically or even by video until the Courts reopen to the public.
Each county is handling these issues slightly differently, with some counties moving full steam ahead with video and telephonic hearings, while others are only hearing essential matters, so if you have questions about your child support during Covid-19 it’s important to speak with an experienced family law attorney to discuss your specific case and circumstances. Attorney Russell J. Frank is a partner at CPLS, P.A., and focuses his practice areas on family and marital law. Contact Attorney Frank today at rfrank@cplspa.com to discuss any family or marital legal issues you may be experiencing.
