Legal News Updates

Lins Law Group, P.A. News

Effective October 1, 2009, Lins Law Group, P.A. has moved to a larger, more accomodating location. We are now located in the Grand Plaza North Building with a street address of:

14497 N. Dale Mabry Hwy. Suite 160-N, Tampa, FL 33618.

Personal Injury News

In Kirton v. Fields , SC07-1739 (Fla. Dec. 11, 2008), the Supreme Court held that a pre-injury release executed by a parent on behalf of a minor child is unenforceable against the minor or the minor's estate in a tort action arising from injuries resulting from participation in a commercial activity. The importance of this decision is far-reaching when considering the fact that all types of youth activities, from sports leagues to camps, regularly require these releases. The florida Supreme Court's ruling suggests that those sponsoring these activities cannot rely on these releases to protect them in the event of negligence.

Estate Planning News

In February, 2006, President Bush signed into law the Deficit Reduction Act of 2005 which overhauled many aspects of elder law planning as they relate to eligibility for Medicaid payment of nursing home care. As many estate planning and elder law attorneys know, in the past there were three ways to pay for nursing home care: 1) long-term care insurance (which in many cases is prohibitively expensive), 2) out of one’s own packet (which can leave a person/family destitute; or 3) through Medicaid eligibility. Since the latter source for payment was the most frequently used option, elder law attorneys tried skillfully to plan so that the family assets were preserved and the person received the nursing home care he or she needed. Under the new legislation, qualifying for Medicaid eligibility got significantly more difficult. This includes changes in the “look-back” period from 3 to 5 years, change in the penalty start date to the date a person applies for benefits, the Federal government becomes beneficiary of most annuities, spouses of Medicaid applicants will not be able to keep as much income, and homes in excess of $500,000 can be taken by the government. Because of these changes, the importance of receiving knowledgeable legal advice from an experienced elder law/estate planning attorney becomes even more critical.

Family Law News

Parenting Plans & Time-Sharing:  New Section 61. 13, Fla. Stat. requires that a parenting plan be included as part of any dissolution of marriage involving minor children. Any parenting plan approved by the court must, at minimum, describe in adequate detail how the parents will share and be responsible for the daily tasks associated with the upbringing of the child, the time-sharing schedule arrangements that specify the time that the minor child will spend with each parent, a designation of who will be responsible for any and all forms of health care, school-related matters, other activities, and the methods and technologies that the parents will use to communicate with the child. Some Circuits in Florida have adopted Model Parenting Plans which act as a model for plans to be approved by the court.

Out-of-State Relocation: Often in divorce disputes one parent is awarded primary residential responsibility for the minor children with the other parent having liberal visitation. This arrangement can work if both parents live near each other. However, this sharing of time with the children can be jeopardized and significantly disrupted if one spouse needs or wants to make a significant move of their residence. Sometimes the desire to move is by choice and other times it is by necessity (such as a job change). In the past, the procedure for addressing this situation was unclear. The new provisions set forth in Section 61.13001, Florida Statutes, include procedures for parental relocation with a minor child. For purposes of the statute, a change of residence address means a relocation of a child to a principal residence more than 50 miles away from the principal residence at the time of entry of the last court order establishing residence. An exception applies if the move is more than 50 miles from the prior residence but is less than 50 miles from the nonresidential parent’s residence. If such a relocation is contemplated, the parents and other persons entitled to visitation may enter into a written agreement modifying the child’s residence. The agreement must reflect the consent of all parties, set forth the visitation rights of the nonresidential parent and describe any transportation arrangements. If the parties cannot agree to a modification, then the party intending to move must give a written Notice of Intent to Relocate with a Child. The Notice must include certain information, including the intended address of the relocation, the home telephone number of the new address, the date of the intended move, and a detailed statement of the specific reason for the move. The Notice must be served on the nonresidential parent and on all persons entitled to visitation. Those persons then have 30 days to file a written objection to the move. If such an objection is filed, then the court will resolve the issue. If no objection is filed, then the court may approve the move without hearing.