Ayo & Iken Report - April 5th, 2019
Hi, I’m Tom Lemons, Host of the Ayo & Iken Report. A new series on family law issues around the state of Florida. Spring is here and legislators in Tallahassee are turning up the heat on alimony reform, equal child custody and other family law issues. Anyone who’s experienced a contentious divorce knows that the rules aren’t always black and white. And sometimes, the outcome isn’t quite what you expected.
In March of this year, Republicans in both the House and Senate filed separate alimony reform bills that are currently making their way through various legislative committees.
Lawmakers File Family Law Bills Ahead of Legislative Session
Lawmakers are filing bills at a fast and furious pace to be addressed as the Florida legislative session kicks off March 5, including two key proposed bills concerning family law.
Florida House and Senate members will be considering bills that if passed would have ramifications on court cases involving children, as well as establish new rules for determining guardianship and jurisdictional issues.
Alimony Reform Group Outlines Hopes for 2019 Bill
Years of frustration is not stopping a group from launching a renewed fight for alimony reform in Florida this legislative session.
Dozens of alimony payors and reform activists met for a statewide conference held by the Florida Family Law Reform Political Action Committee in Kissimmee on Feb. 2 to discuss a new bill they hope to see filed in 2019.
PAC members from across the state came to show support with participants from South Florida to Pensacola in attendance.
Currently, the search is on to find sponsors in the Florida House and Senate of a bill drafted by the committee that would bring about major changes to alimony laws in Florida. PAC officials urged the crowd to contact their elected officials and encourage them to support alimony reform.
“We have been through a six year journey to try to reform the archaic alimony laws in Florida. We are working hard to keep alimony in place, but eliminate the abusive parts of the law – especially permanent alimony,” said PAC Chairman Michael McAuliffe.
Human Trafficking in Florida
Human trafficking is the forced exploitation of a person within or across borders through the abuse of power or position by the trafficker. The first law in the United States regarding human trafficking was put into place in 2000 and was known as the Victims of Trafficking and Violence Protection Act. Human trafficking is broadly separated into labor and sexual exploitation, with the most common forms of human trafficking being:
Year in Review: A Banner 2018 for Ayo & Iken
It has been a year of impact at Ayo & Iken on behalf of our clients, and a year of growth for the firm as we continue to provide top notch legal services to Floridians across the state. Join us in reflecting on 2018 as it has truly been a remarkable year for all of us.
New Horizons: The year ended with a bang for the firm with plans to open a new Ayo & Iken office in Ft. Lauderdale. The new office will be led by Attorney Lee Feinberg, who in September entered his 26th year practicing family law. Feinberg, who is also a Florida Supreme Court certified mediator, will be practicing out of the South Florida Business Journal building at 6400 N. Andrews, in Fort Lauderdale. Feinberg’s level of experience and aggressiveness representing his clients will be a great asset to South Florida.
Righting a Wrong: Orlando Attorney Jason Ponder
2018 Ayo & Iken Holiday Party
It is that time of year again. The Ayo & Iken legal team, family, and friends travel from various locations in Florida to spend time together celebrating the holiday season. It was great to see everyone in one place and have a chance to get to know family members. Merry Christmas, Happy Hanukkah to all! 2019 will be a great year helping clients throughout Florida and working together as a team!
Parental Kidnapping Becoming Mainstream
It has happened again and will continue to happen. It is sad but all too common for a child custody case to become national news as one parent alleges the other parent kidnapped their child.
This time Tampa made national news as a young mother wept in front of television cameras saying the father of her 3-year-old son had kidnapped the boy and taken him to Lebanon, a country that does not recognize international laws concerning rights of parents to their children in the United States.
Alimony Reform in the Midterm Election
With many expecting a new debate to emerge in 2019 in the Florida legislature over alimony reform, candidates on both sides of the controversial issue won and lost primaries Tuesday, while the Republican Party’s primary winner for governor had the endorsement of an influential pro-reform movement in the state.
U.S. Rep. Ron DeSantis, R-Palm Coast, shocked many by taking out longtime Florida politician and Commissioner of Agriculture Adam Putnam easily winning with 56 percent of the vote to Putnam’s 34 percent. Numerous pundits have touted an endorsement from President Donald Trump as putting DeSantis over the edge.
New Florida Laws - Marriage, Divorce, Custody, & Military - Ayo & Iken
Our Ayo & Iken attorneys are reacting to three new laws which took effect July 1 that will alter the landscape of family law dealing with child care for deploying military members, equitable distribution of marital assets, and the banning of underage marriage barring extenuating circumstances.
Alimony Tax Law Deadline Approaching
Are you considering a divorce with a major sticking point being alimony? If so, it is imperative that you pay attention to changes to federal tax laws effective Jan. 1 which could drastically affect your finances if you file for divorce after Dec. 31.
Our Ayo & Iken attorneys, area tax professionals, and statewide alimony reform advocates are eyeing the portion of the Tax Cuts and Jobs Act signed by President Donald Trump in December 2017 that removes the ability of an alimony payor to deduct said alimony from his or her taxes, and an alimony recipient to report received alimony as income after 2018.
20 Ways to Spot the Psychopath in Your Life
The condition of psychopathy may be one of the most misunderstood disorders, although it is frequently represented in movies, books, and other media. Psychopathy is a complex issue. According to the American Psychiatric Association’s Diagnostic and Statistical Manual, psychopathy is a subset of antisocial personality disorder. Others have argued that psychopathy is a completely separate condition. In either case, it is estimated that between .2 percent and 2 percent of the population fit the criteria for a psychopath, and
Claudia Blackwell for Judge
ST. PETERSBURG – It is with great pride and excitement that the law firm of Ayo & Iken is supporting our St. Petersburg-based Attorney Claudia Elizabeth Blackwell in her campaign for election as Circuit Court judge in Florida’s Sixth Judicial Circuit’s Group 9 serving Pinellas and Pasco counties. Ms. Blackwell is the second member of the Ayo & Iken legal team that has run for judicial office. Attorney Blackwell has long been a key member of the Ayo & Iken team as a stalwart to her clients in our St. Petersburg office serving them with professionalism and dedication. As a member of the Florida Bar since 1995, Attorney Blackwell has more than 20 years of legal experience in Florida including regular court appearances and the completion of more than 20 trials. Ayo & Iken partners Alberto Ayo, Howard Iken and Jeana Vogel are extremely excited to support Attorney Blackwell’s candidacy for the Circuit Court bench.
How to Catch a Sex Predator—Sex Sting Operations Uncovered
In 2017, Florida police arrested 277 people in a sex sting operation. Those arrested included pharmacists, police officers and doctors. The sex sting operation, known as “Operation No Tricks, No Treats,” ran from October 10th to October 15th, and was spearheaded by the Polk County Sheriff’s Office, although several law enforcement agencies took part in the operation. False advertisements were posted on social media sites and websites, with the law enforcement officers posing as underage girls and boys on the Internet. Of the 277 arrested, 209 of them were charged with soliciting undercover detectives, while 51 were charged with prostitution on the Internet. The remaining 17 were charged with other offenses.
Ayo & Iken Recap - May 2018
Our dedicated group of attorneys at Ayo & Iken continue to make a difference in their clients lives on a day-to-day basis tackling the toughest legal situations. It has been a busy time for the firm as the cases we have tackled have run the gamut from dealing with serious child time-sharing issues to fighting for a client unfairly paying alimony. Many of our cases are highly emotional and handled with the utmost compassion and professionalism for our clients. Here is what we have been up to in recent weeks:
Social Media: The Courts Are Watching
Social media’s domination of society is having an effect on the court system as well and experts are now starting to quantify its impact on the legal system and how attorneys will use it to benefit their clients in both criminal and civil law. Family law is no different as our Ayo & Iken attorneys will tell you those social media posts you throw up on Facebook, Instagram, or the like, are increasingly being seen in court.
Difficulties Divorcing a Narcissist
As American writer Jonathan Franzen wrote, “nice people don’t necessarily fall in love with nice people.” If you have been married to a narcissist for any length of time, you are probably painfully aware of this fact. Although almost all of us exhibit narcissistic qualities from time to time, full-blown narcissistic personality disorder is believed to affect about 8 percent of men in American and about 5 percent of women. And if you think it is tough being married to a narcissist, you better put on your crash helmet if you are thinking of divorcing one. In fact, divorcing a narcissist can difficult.
Dads In Divorce: Now More Than Just A Wallet
Dads are considered an important part of children’s lives, now more than ever. A shift in society has finally filtered down to the divorce process. No longer is the secondary role of “visiting parent” a guaranteed outcome for dads during the divorce process. Thanks to a new way society looks at men, more flexible gender roles, the influx of new, younger judges on the bench, and a fresh generation of family law attorneys, dads are no longer considered a non-essential appendage to the family unit.
Bad Cops Are Not Held Accountable—And Majority of Police Officers Agree
It has been more than three years since Michael Brown was killed by a police officer in Ferguson, MO, leading to protests which bordered on riots and calls for justice. Since that time there have been similar incidents across the United States. Many police officers now say their colleagues simply are not doing their jobs properly, and that when they do not do their jobs, they are not held accountable. In fact, a survey found that more than half of the officers surveyed—53 percent—said their department’s disciplinary process was not fair, and nearly three-quarters of those surveyed claimed officers who “consistently do a poor job,” are not held accountable for the poor performance. This particular survey included 7,917 police officers in 54 different police departments. Some of the responses came after five police officers were shot by a sniper in Dallas. To some extent, the attitudes of the officers toward Black Lives Matter and other protesters, as dependent on the race of the officer being surveyed, and included the following results:
Expansion of Custody Rights for Deployed Military Members
As an effort to widen control military service members being deployed have over issues concerning their children is sailing through the Florida House and Senate, opposition from the Family Law Section of the Florida Bar has emerged. House Bill 1217, known as the Uniform Deployed Parents Custody and Visitation Act, sponsored by Rep. Larry Metz, R-Groveland, and a sister bill in the Senate, SB 1598, sponsored by Sen. Kathleen Passidomo, R-LaBelle, have both sailed through committee in both chambers.
The act which has been enacted in 13 states, provides for more parameters for parents deploying for service to find agreements for their child’s care. The sweeping new 19-page bill would allow for a deploying person to enter into quick agreements for child time-sharing and custody issues with the other parent.
Valentines Day and the Rise in Divorce Cases
ABC Action News interviews Attorney Howard Iken about Valentines Day and what it means to the numbers of divorce filings in Florida. Attorney Iken shares statistics of cases filed by Ayo and Iken.
Ayo and Iken - Florida Family Law Legislative Roundup
A family law bill banning child marriage that seemed to be on its way to an easy ride through the legislature after a unanimous passing in the Florida Senate became a lightning rod for controversy in the House as members took up its sister bill. SB 140, sponsored by Sen. Lizbeth Benacquisto, R-Naples, which easily passed through several committees and won a 37 to 0 vote in the Senate this week, states that a marriage license may not be issued to a person under the age of 18.
Ayo and Iken Recap
Things have been very busy recently at the law office of Ayo & Iken as our attorneys have been tackling some tough issues. Our attorneys dealt with serious child custody issues, advocated for a client at trial, and had victory in a parental rights case that is very rare in Florida. Also, one of our attorneys has achieved the honor of also teaching at a local college and we welcomed a new legal mind to the firm with decades of experience practicing law. Here is a look at what we have been up to:
Florida Legislative Report
It has been a busy first week legislative session in Florida for several family law bills that have been proposed in both House and Senate. Surprisingly, it is still legal for teens under the age of 18 to be married in Florida, but that may change with a new bill that has already breezed through committees to the Senate floor. SB 140, sponsored by Sen. Lizbeth Benacquisto, R-Naples, has easily passed through the Judiciary; Children, Family and Elder Affairs; and rules committees in unanimous votes. The bill states that a marriage license may not be issued to a person under the age of 18. The bill would also mandate that parties to a marriage file a written and signed affidavit with the county court judge or clerk of the circuit before a clerk can issue a marriage license. Each party would also have to provide his or her social security number for purposed of child support enforcement. If approved, the bill would take effect July 1. Here are some other family law bills making their way through committee:
Alimony and the New Tax Plan
As everyone knows President Trump has signed into law the new tax bill. This tax bill has been a frequent subject of congress, the media, and various advocates. The change that most affects many Ayo and Iken clients is the new tax treatment for alimony payments. The change promises to effect future alimony negotiations, future court cases, and decisions whether to reopen past alimony judgments. This is a decision of national significance and will affect alimony in every single state. This change represents a huge shift in the treatment and calculation of alimony. It will be years before “equilibrium” is restored in the way we negotiate, litigate, and calculate alimony. As with all new cases there will be arguments over interpretation for certain situations.
DUI Arrests Spike During the Holiday Season
It is definitely that time of year again; there is a chill in the air in many areas, and the time for eggnog, pumpkin pie, holiday feasts and visits with family and friends is just around the corner. Most of us are in a flurry of buying gifts for loved ones and decorating our homes in a festive manner. Along with all these holiday tasks, many of us are also drinking more than we might normally do. According to one body of research, 16 percent of adults admitted to drinking more than normal during the holiday season, and more than half of all high-risk impaired drivers reported drinking more between Thanksgiving and New Year’s, as compared to the remainder of the year.
Guide to Navigating the Holidays for the Newly Divorced
Since the beginning of the 20th century, divorce rates have steadily risen, making an even greater leap in the 1970’s when no-fault divorce was implemented. Some believe that making divorce an easier process actually strengthens marriages by ensuring it is a personal choice. Others argue few of us have the skills needed to work out the day-to-day difficulties which inevitably arise in most all marriages. While it is true that the actual dissolution of a marriage is a legal act, it is most often accompanied with some level of emotional trauma, and can be painful for all parties involved, including spouses, children, and even extended family members.
Just How Racist Is Our Criminal Justice System?
Years ago, during a debate, then-Senator Barack Obama claimed that blacks and whites are arrested and convicted at very different rates, and even receive very different sentences for the same crimes. Senator Hillary Clinton then discussed the “disgrace of a criminal justice system” that incarcerates a disproportionate number of African-Americans as compared to whites. These statements appear fairly plausible for the time, considering in 2006 37.5 percent of all state and federal prisoners were African-American.
When the Cloud Met Hurricane Irma - Ayo & Iken Was Prepared!
When you run a small to mid-sized legal practice, business continuity is everything. For a firm like Ayo & Iken, which has established itself in Florida, with a good market position and a practice that’s growing at a respectable rate, the one thing that can truly hurt the firm’s bottom line is a business interruption. Even small interruptions can drain finances enough to cause concern, while major, catastrophic events can easily be the death knell of a practice if its leaders have not planned ahead and taken steps to set up automatic business continuity processes. The recent spate of natural disasters around our country has had a serious potential to cripple businesses, and has truly put cloud technologies to the test. Ayo & Iken is a prime example of how operating in the cloud can make all the difference when business continuity is threatened by matters beyond your control.
New Child Time-Sharing Legislation
Child time-sharing in Florida could be a hot topic for attorneys and their clients in the coming months as one new law concerning the issue has already taken effect and another kicks off Jan. 1. Florida House Bill 329 became law in July and deals with visitation of children whose parent is in a drug or alcohol recovery residence.
Statute 61.13 now prohibits a time-sharing plan from requiring or being interpreted to require visitation at a recovery residence overnight, specifically between the hours of 9 p.m. and 7 a.m., “unless the court makes a specific finding that such visitation is in the best interest of the child.”
“Till death do us part,” unless Facebook causes you to divorce first
ABC Action News interviews Attorney Howard Iken on how Facebook can cause divorce. A study by a law firm indicates 30% of divorces may have been started by the involvement of Facebook. Mr. Iken shares the experience of his firm, Ayo and Iken. He also discusses some of the reasons that Facebook may be to blame.
A New Political Action Committee Emerges to Push for Alimony Reform
The death of an alimony reform bill this past legislative session seemed like a blow to hopes for changes to the law, but there is a new political action committee that recently held its first statewide meeting in the Tampa Bay area that says the bill’s demise is a good thing and the movement for change has never been stronger. It may take some time however as the newly established all-volunteer Florida Family Law Reform Political Action Committee Inc. readily admits that they believe they do not have a friend in the governor’s mansion who will sign meaningful alimony reform legislation. So the plan is to forgo trying to undertake seeking a sponsor for a new bill for the 2018 legislative session and instead embark on a fundraising and lobbying blitz for next year with an eye toward filing a new bill in 2019 after Gov. Rick Scott leaves office due to term limits.
14 Mistakes Men Make in Divorce
When a person is in the middle of an emotional time, it can be difficult to make good, long-term decisions. A divorce is the very definition of an emotional time, and plenty of divorced people have lived to regret decisions made in the heat of the moment, or hasty decisions made simply to put an end to contentiousness. While both men and women can make mistakes which come back to haunt them during a divorce, the following mistakes are those most commonly made by divorcing men:
Ayo and Iken Recap
It has been another impactful first half of the year for the Ayo & Iken law firm as our attorneys continue to fight for their clients facing difficult times, dealing with everything from freeing a client unfairly jailed to keeping a loving father connected with his child after her mother left to another state with their baby. It has also been year so far of growth for the firm as we prepare a new office in New Port Richey and welcome a new attorney. Our staff has been busy as well with our paralegals receiving kudos online from customers appreciative of their hard work, and taking part in charitable events to benefit the community. Please take some time to read about what our dedicated group of attorneys and staff has been up to:
Want a Bad Idea? Stay Together for the Kids
Dinnertime is increasingly strained and the kids are pretty sure mom and dad don’t like one another all that much. There’s no small talk going on, no laughing at private jokes, no acknowledgement of one another’s days, even the special ones. Conversations at dinner—and pretty much everywhere else—are mostly the children talking to the parents, and the parents talking to one another only about the children. The parents may live in the same house, but they might as well be living in different countries. Consider the following statistics about married parents—who wish they weren’t:
Ayo and Iken Expanding in Pasco County
Ayo and Iken is proud to announce our expansion in the Pasco County area. We have begun preparations on our new office at 4807 US Hwy 19 and expect to move our client service department within the next few weeks. After that we will carefully plan to move our New Port Richey legal team in a way that minimizes inconvenience to our clients.
The New Port Richey office was our first location in what has become almost a state-wide law firm. We opened our office in 2005 at what is still our current location – just across the street from the West Pasco Government Center. Over the years our firm has grown. The number of cases and clients went up significantly.
15 Signs Your Spouse Has Checked Out of the Marriage
All marriages go through ups and downs and highs and lows. After all, living with another person, meshing your lives together, is not always easy, no matter how much you love one another. Particularly when you have children, you can get so busy with their activities, your work, and keeping the household running, that you may miss the signs that tell you your spouse is not just in a lull, but has truly checked out of the marriage.
New Florida Bill on Custody
A bill has been filed Jan. 30 that could bring about a major change in how the state and courts handle the mission of enhancing parenting time-sharing opportunities. Sen. Jeff Brandes, R-St. Petersburg, filed Senate Bill 590, which his office says “offers an optional default visitation schedule for non-custodial parents.”
SB 590 would add language to Florida law that governs the handling of child support by the Florida Department of Revenue. If passed, when people meet with the revenue department to set up their child support per his or her Title IV-D order, they would also be presented with an optional child visitation plan for unmarried parents.
15 Mistakes Many Women Make in a Divorce
Some have likened divorce to the psychological equivalent of a triple bypass—painful, complicated, and with a difficult recovery period. Because many of those who go through a divorce are in an intensely emotional state, mistakes can be made—in some cases, devastating, long-lasting, eternally regrettable mistakes. Overwhelmingly the mistakes made by women are primarily financial issues. Here are the top 15 mistakes many women tend to make when they divorce:
Ayo and Iken 2016 Year in Review
It has been a fascinating year for our exciting team of attorneys who have challenged themselves on many fronts for their clients. They have tackled it all from a groundbreaking same-sex marriage case to a heart-wrenching fight for the safety of a teenage boy. We even had two of our clients get married on the front porch of our Tampa office due to their affection for one of our star attorneys; the story is below. I hope you enjoy the highlights of an amazing year at our firm and make your way to the bottom of this recap for some key advice from our legal team:
In a broadcast interview, Attorney Howard Iken discusses what is rapidly becoming known as Divorce Day – the beginning of the year. Attorneys are beginning to see January 2nd as the start of divorce season, also the busiest time of the year for family law attorneys. Mr. Iken talks about the most common reasons for divorce, the costs that many clients will face, and the fact that January 2nd is becoming synonymous with the Black Friday of Divorce.
Enjoying Families and Children During the Holiday Season
Once again, the holiday season is upon us. Perhaps you were one of those who navigated Thanksgiving with family so successfully that you are not in the least concerned about Christmas. Or, perhaps you either didn’t see family on Thanksgiving, or you did, but the family navigation was a bit less successful, therefore you are headed into the Christmas season filled with apprehension.
As a nation, 92 percent of us celebrate Christmas in some way. Only about half of us see Christmas as a religious holiday, while a third see it as a cultural holiday. While many things about Christmas have probably changed for you over the years, some things have not changed as much as you might think:
Guide to Telling Your Children About Divorce
One of the hardest things parents may have to do is to tell their children they are divorcing. While very young children may not really understand what is happening, the majority of children often feel as though the divorce is their fault. Teens, however, are more likely to hold their feelings inside, sometimes acting on the surface as though it doesn’t matter one way or the other to them. Whatever the age of your children, how and when you tell them about an impending divorce is crucial. The following tips can help you tell your children about your divorce in the best way possible, under the circumstances.
Island of Palau Featured in Latest Ayo and Iken Case
Our Ayo & Iken Attorney Jennifer Schulte is in the news for her role in tirelessly representing the mother of a runaway teen. The case of 17-year-old Aage Jorgensen drew international headlines early this year and again this week in the Sun Sentinel newspaper.
Aage’s case grabbed interest internationally after authorities said his father, an attorney then practicing in South Florida, kicked Aage out of his car on a highway side during an argument. The father was eventually arrested on a charge of abandoning the then 16-year-old boy, but prosecutors declined to move forward. Aage later was found in March sleeping in a Vero Beach hotel stairwell and taken into custody. That same day the boy escaped from Florida Department of Children and Families custody and remained missing for months.
Wedding Bliss in the Air at Ayo & Iken
Wedding bliss was in the air at our Ayo & Iken Tampa office last week as Attorney Jeana Vogel for the first time in her career presided over nuptial vows for two of her clients. Vogel’s clients, Aleydis Silva Bautista and Kyle Seeger, had been planning to get married next year but the time on Friday turned out to be right.
Same Sex Parental Rights Extended
Our New Port Richey Attorney Allison Belcher has won a major victory in the cutting edge legal area of same-sex marriage in Florida by securing parental rights for our client Kristen Ruckey. In an Oct. 11 order, Pasco County Circuit Judge Alicia Polk ruled that Ruckey is the legal parent of her two children, who were born of a legal same-sex marriage in 2010, in Connecticut. The case is a first in Florida and breaks legal ground as follows:
Ayo and Iken Recap
In this recap of a busy September for Ayo & Iken, we will take you through the many facets of what our attorneys have been up to from New Port Richey to Tampa and Orlando. Our attorneys handled a groundbreaking same-sex marriage case, a heartbreaking case of a child runaway, fought to protect an abused child, and taken on a case that has international implications. Our attorneys will also discuss future cases, some legal trends they are spotting, and offer a little advice in dealing with domestic violence injunctions. Here’s a look at what our legal team has been up to:
What Happens Now? - Same Sex Marriage & Divorce
It is easy enough for congress to pass laws. More difficult, but still relatively easy is the process by which the courts interpret those laws. The process of interpretation is the way we have arrived in the current state of affairs for gay and lesbian couples. But then we have to deal with the pink elephant in the room: what is the exact meaning of everything that has transpired? A feature of our society is the process by which we test, refine, and challenge laws and court decisions for the ultimate end game of reaching a clear mutual understanding of societal rules. For gay and lesbian couples the process of reaching that clear mutual understanding has a decade or more to play out.
Are Doctors Doomed to Divorce?
Ask anyone about the divorce rate for doctors, and you are likely to hear that doctors do, in fact, get divorced far more often than other professionals—and far more often than the general population. If you happen to be speaking about female physicians in particular, then that information is, at least partially, correct. Clichés to the contrary, divorce is actually less common among male physicians than for other professions.
Women Initiate Divorces More than Men Studies Say
An oft-used joke among comedians goes something like this: “Do you know why more women file for divorce than men? Because women know murder is illegal.” While not all that funny, in fact women do initiate divorces more often than men, for a variety of reasons.In a study conducted in 1956, the wife initiated nearly 67 percent of those divorces. Since that time, despite changes in attitudes toward marriage, many changes in gender relations, and advancements in women’s rights, this conclusion has been repeated time after time after time.
Making Summer Timesharing Work
A few short decades ago, blended families were the exception rather than the rule. In today’s society, however, there are possibly more blended families than not. The “rules” for what constitutes a family have been rewritten, and today a family is made up of those who love and care for one another, regardless of the number of “step” and “half” siblings, which make up the family. In fact, there are so many different types of families, it has become almost impossible to quantify them.
There are ways to make the transitions less bumpy, and integrate families together, particularly when summer rolls around and there are vacations and visitations to deal with.
Ayo and Iken Recap
Our Ayo & Iken attorneys have been busy this month. In this recap, we will take you through the many facets of what our attorneys have been up to from New Port Richey to Tampa and Orlando. We have tried cases, handled a difficult criminal case that has garnered media attention, helped educate the community, spotted legal trends, and done some deep thinking about our legal philosophies. Here’s a look at what we have been up to:
US Military Fails to Financially Protect Spouses
Ayo & Iken Tampa Attorney Jeana Vogel has taken on a divorce case that offers a stark reminder of the sacrifice spouses of military personnel make and the risks they can take financially should their marriages dissolve overseas. Our client, Melissa Henry, is willing to tell her painful story of divorce and financial difficulty as she is seeking temporary alimony to pay her bills in a foreign country she went to in order to support her husband’s military career.
Florida's Historic Softening of 10 20 Life Law
Beginning July 1, a change will come to the “10-20-Life” mandatory minimum firearm law passed in 1999 during the first Gov. Jeb Bush administration in the wake of out-of-control violent crime statistics. The law currently mandates judges sentence defendants convicted 10 20 life law florida of committing certain specified crimes while possessing a firearm to 10 years in prison, possessing a semi-automatic/machine gun to 15 years, discharging a firearm of any type to 20 years, and discharging a gun where great bodily injury or death occurs to 25 years to life. A new bill, SB 228, passed unanimously in both the Florida House and Senate, and signed by Gov. Rick Scott, will strike aggravated assault from the list of crimes that fall under 10-20-life.
The Formula for a Successful Relationship
Most people still believe that this thing called “love” is a mysterious occurrence which happens, like a lightning bolt, out of the blue, with no rhyme or reason. Or, perhaps we want to believe in the mysterious nature of love and relationships because then we can avoid some responsibility when a relationship turns out badly.
Cohabitation No Longer a Crime in Florida
Breathe easy you Florida couples who until a week ago lived together illegally while unwed. You will not be facing up 60 days in the county clink and a $500 fine on a second-degree misdemeanor charge for co-habitation while not married. A Florida law that banned unmarried couples from living together dating back to post-Civil War Reconstruction is no more.
Ayo and Iken’s Dionne Thompson Going the Extra Mile
Our accounting manager Dionne Thompson has been put in “jail” to fight for a great cause. She is taking part in the Muscular Dystrophy Association’s “Lock-Up” drive and the firm of Ayo & Iken is stepping up to bail her out. It is going to take $3,500 to get her out of the clink and with the already numerous donations from us, we are going to get there. Dionne is in high spirits as she sits in her cell knowing that all of our generous donations will be going to such a worthy cause. Thanks so much to our wonderful “jailbird” Dionne, as the MDA calls those that lend their time to help. Our firm is committed to getting
What is Life REALLY Like for Juveniles Behind Bars
The juvenile justice system was actually developed almost a century ago, in response to the atrocities juveniles were subjected to in adult jails. Unfortunately, as the system developed, and there was widespread overcrowding and lack of facilities, many juveniles were, once again, placed with adults, and subjected to assault and rape.
Opponents and Supporters of Alimony Reform in Florida
It has been another controversial path to getting an alimony reform bill on the desk of Gov. Rick Scott. Opponents and supporters of SB 668 alike are waiting with great interest to see if Scott signs a bill that is similar to one he vetoed in 2013. Scott vetoed that previous alimony bill saying he could not support a clause that made it retroactive to all alimony cases.
Facebook - “Exhibit A” in Your Florida Divorce
The popularity of reality television and social media websites has transformed our society from one that places a high value on privacy into one where complete strangers observe every facet of an individual’s life. This trend also has spread to family courts where information and photos obtained from social media sites are increasingly turning up as evidence in divorce cases. Whether the damning information is evidence of an online affair or a negative comment about a spouse, social media sites are becoming a key source of evidence in divorce cases.
Rocket Scientist's Guide to Divorce Trials
Principles of Good Negotiating
By Attorney Howard Iken: Lets face it. People never walk in the door and hand us money just to reserve our “pleasant personalities.” After all, we are attorneys. No one really likes us outside of our own clients. But that is an essential part of being an attorney. We get things done, sometimes at the expense of other people. But part of our job is to negotiate settlements for
Ayo and Iken Attorney Defends Grandparents Rights
Ayo & Iken Orlando Attorney Jason Ponder is on the cutting legal edge in seeking child visitation rights for two grandparents based on a new law signed by Florida Gov. Rick Scott in July.
Our clients have been cut off from communication with their 3-year-old granddaughter since the death of their daughter. The child’s father, fought an initial petition for visitation filed on behalf of our clients, but Attorney Ponder has since filed an amended petition based on the new law signed by Scott that is sure to be a groundbreaking legal battle in Florida.
Ponder’s petition argues that the father’s past cocaine conviction and a traffic citation of driving 105 mph in a 55 mph zone poses a “substantial threat to the minor child’s safety and welfare.” Ponder’s petition also notes that our clients granddaughter lived in their care until she was 2-years-old and the abrupt end to their visitation emotionally harmed the young child. It also states that the father, during that time, played no role in the child’s life. The amended petition leans on the new law’s parameters:
Not Getting Along with the Judge?
By Attorney Howard Iken: There are many people that just seem to have gotten off on the wrong foot with the judge. It would be the judge got out of the wrong side of the bed that morning and immediately hated your face. You may have been caught in a lie in court. Or a judge may have had a day of annoying cases that seemed exactly like your case. Whatever the reason, if
Univision Interviews Ayo and Iken Partner Alberto Ayo
Attorney Alberto Ayo gives his legal opinion on a particularly abusive situation regarding an undocumented immigrant. Celia has a work accident at a restaurant that caused burns all over her body. The owner becomes furious after she talks of the incident and in the process discloses she works at the restaurant. It turns out the worker is an illegal immigrant and was not being paid wages required under the Federal Fair Labor Standards Act. Angry that Celia talked to others about her accident, the restaurant owner hits her and ends up in jail on battery charges. Mr. Ayo discusses obligations to compensate workers fairly – regardless of their immigration status.
5 Steps to Take Towards an Amicable Divorce
A divorce has the potential to be horrible, high stress, and financially destructive. But a divorce also has the potential to be smooth, low stress, positive, and financially beneficial. It all depends on how the two of you approach things. The power is in your hand to change the entire outcome of your divorce. You can make it
68% or More - Spouses that Would Cheat
The percentages are startling! If there was no danger of being caught, over 68% of spouses would cheat on their significant other. The statistics indicate men and women are similar in their desire to cheat. Read our info graphic to see the statistics at a glance.
Common Law Marriage in Florida ?
By Attorney Jennifer Schulte: Is Common Law Marriage a myth in Florida? Yes and No. I have had a few consultations recently in which a couple were living together and holding themselves out to their friends and community as though they were a married couple for years (or even decades) but were only lawfully married
Do Your Own Paternity Testing
In the United States individuals may utilize the services of private companies to perform paternity testing. The reasons for self-referral testing involves a myriad of circumstances. With the exception of the State of New York, no court order or physician is necessary to utilize private sector paternity testing services. The costs vary, but generally a
Committing a Crime in the Great Outdoors
If like most other people you spend more time outdoors in the summer, it's relatively easy to run afoul of various laws related to outdoor recreational activities. Whether you're camping or fishing, venturing out on a hiking trip or picnicking at a local park, there are a number of regulations and laws you can
Immigration Scams Hit Hillsborough County
If you're residing in the U.S. as a non-citizen, you're at risk of being the victim of an immigration scam. Scam artists are hoping that non-citizens who have less familiarity with the English language and U.S. laws and customs will be more easy to victimize. They also prey on the hopes and dreams of
Summer Visitation Made Easy
Summer is approaching and along with the wistful daydreams of warmth and vibrance, there also comes the complication of daily routine shifting with the children out of school. For newly divorced parents, this change in routine can bring more than just an inconvenience, but potential chaos. Here are some general points to consider to make summer visitation a breeze:
Attorney Howard Iken Interviews George Zimmerman
George Zimmerman has a discussion with his Divorce Attorney – Howard Iken. Mr. Zimmerman talks about who he really is, his aspirations, and some details about his past. In particular, Mr. Zimmerman talks about his efforts and involvement with the minority community in his Florida hometown. He also talks about what life is like right now given the recent events.
Interview of Attorney Ayo on Fox 13 News - Case Involving Judge
Fox 13 News Interviews Attorney Alberto Ayo on the developing domestic violence case involving Judge Eric Myers of Tampa. Mr. Ayo discusses the Petition for an Injunction Against Domestic Violence and how it took courage to file that case against such a powerful official of the court.
On The Cutting Edge of Same Sex Divorce
Partner Alberto Ayo is interviewed by ABC Action News. Ayo and Iken has filed the first same sex divorce after the Florida constitutional ban on divorce was declared invalid as of midnight, January 5th. Mr. Ayo discusses how there is a huge pent up demand for same sex divorce and the attorneys at Ayo and Iken are busy responding to that demand.
Panhandling – nuisance or crime ?
It’s a sunny day in Central Florida (about 100 degrees outside) and I pull up to a major intersection. In the median walking toward me a full suited firefighter holding a boot and asking passerby’s to donate to his cause. I roll my window down and hand the
Courts Striking Gay Marriage Bans . . . But What about Gay Divorce?
In United States vs. Windsor, 570 U.S. 12 (2013), the United States Supreme Court struck down the portion of the Defense of Marriage Act (DOMA) that defined marriage as a relationship between “one man and one woman as husband and wife.” Since the DOMA decision, courts in many states have struck down laws banning same sex marriage. Despite this progress in obtaining legal rights for same-sex
Bankruptcy's Impact on IRS Tax Obligations
The Internal Revenue Service (IRS) is the most brutal of all collection agencies with powerful tools and the ability to impose staggering financial penalties unavailable to other creditors. Many parties facing tax deficiencies along with penalties and interest attempt to negotiate an offer in compromise or other resolution of their outstanding tax obligation with no success. These strategies often fail with the debtor exposed to wage garnishments, bank levies, liens on real property andother harsh collection tactics by the federal taxing agency.
Privacy & Law Enforcement Technology in Florida Drug Cases
Although advances in communications technology have made our lives easier in many ways, government use of technology can have a darker side as evidenced by the recent scandals involving the NSA snooping on telephone calls made by American citizens and FBI use of national security letters to demand secret information from private businesses. Intrusions on privacy interests embodied in the Fourth Amendment right against unreasonable search and seizures have been methodically undermined in recent decades, but these spying techniques have been criticized by the Obama administration’s own internal review panel. A Supreme Court decision last year demonstrates how courts are struggling to balance the technological innovations that provide more effective law
The Angry Mob of Creditors at the Door
An impatient creditor is easy to handle when there is just one or two. You tend to know exactly which debt was not paid, and when it was not paid. Perhaps the creditor is a local business, a medical office, or service provider. You may have felt guilty because there was a personal relationship. Besides, the original purchase may be staring you in the face almost every day. The mattress, furniture, or blender may be staring you in the face. You may remember buying the product or service from someone you liked and trusted. Your impatient creditor may have a name and they may be reasonably polite when they call.
Channel 10 Action News Interviews Howard Iken
Attorney Howard Iken discusses peak in divorce filings at Valentine's Day each year. Each year many different effects come together to form a perfect storm of divorce filings. The holidays always bring high expectations and hard feelings. The winter break is a time of turmoil in custody and choice of school conflicts. And federal tax refunds provide the fuel to fund new divorce filings.
Ayo & Iken Retained in George Zimmerman Divorce Case
TAMPA, Fla., Feb. 11, 2014 / PRNewswire / -- The law firm of Ayo & Iken PLC has been selected by George Zimmerman to represent him in his pending divorce case. The firm has designated a three-person legal team to review the case and address preliminary issues.
Setting Aside a Default in Florida
By Attorney Howard Iken: If a lawsuit is filed and served by process server on an individual or entity, the Defendant or Respondent must file an answer within 20 days. This is a universal rule in Florida and it applies to divorce, paternity, personal injury, or
DCF Rules Against Custody in Nudist Park
A DCF contractor has prohibited foster child placements with anyone that resides in a nudist community. Fox News interviews Attorney Howard Iken for his opinion on the situation. Mr. Iken does not know of any statute that prohibits the placement of children with nudist colony residents. But Attorney Iken acknowledges that courts place great weight on the opinion of case workers and their personal prejudices.
Ayo and Iken Establishes a Scholarship
The Law Firm of Ayo and Iken PLC establish a scholarship to recognize separated households still focused on meeting their children’s needs. We are proud to announce a cash scholarship essay contest to benefit college bound children from separated Florida households. Two $1,000 cash prizes will be offered by the attorneys at Ayo and Iken PLC to help focus attention on examples of lifelong commitment by couples who—despite being divorced—succeed in providing the support and guidance necessary for children’s academic success. With law offices across Florida, the law firm has opened the contest to students in all Florida counties who have compelling stories to tell
The Myth of the Heavy Hitter
By Attorney Howard Iken: There is no doubt about it. Everyone wants the best attorney in town. They want the mythical heavy hitter that will out maneuver, out think, and out intimidate the competition. No one comes to an attorney looking to win second place. When you are talking about money, children, compensation for injuries, or property, second place does not
Football Season and Underage Drinking
By Attorney Jennifer Schulte: We are right in the middle of college football season. After today’s game I have sore legs from climbing the stairs and walking from our tailgate to the game. I have a sunburn on my knees, arms, face and neck. I’m basically beat but our team won and that makes it all worth it. Football is fun to watch and the noise and smells and sounds are just part of
Strategies to save money when filing bankruptcy
Individuals these days don’t really file bankruptcy only when they’re unable to keep up with their monthly bills and neither have any savings intact and hence forced to consider the option of bankruptcy. The worst bit supposedly remains the fact that filing for bankruptcy requires