Miami Family Lawyer .net

Today my Motion for Holiday and Overnight Time-sharing was granted by a Family Court Division Magistrate, a task tried, yet, not accomplished by my client’s previous lawyer.  Happy Thanksgiving.

I’m attending a seminar on foreclosure defense in Coral Gables to obtain continuing education credits.  Within the first hour, I confirmed that I do not want  to practice that area of law.

This morning, two of my motions were granted, including a Motion to Dismiss the other side’s Petition.  Later this afternoon, the opposing side on another case withdrew his motion against my client, after that lawyer came to his senses.  He asked the Court to refer the case to mediation instead.

A Family Division magistrate granted my Motion for Contempt this afternoon in Downtown Miami. The other side was ordered to pay my client 100% of the child support owed, plus statutory interest,  as well as 100% reimbursement of all all attorney’s fees paid by my client to this office toward filing and litigating the Motion (at an hourly rate of $300).

The majority of participants in polls conducted this month by both the Dade County Bar Association and the Cuban American Bar Association, arguably the two most influential legal organizations in Miami-Dade County,  deemed incumbent Circuit Court Judge Peter Adrien as unqualified to be a judge (meanwhile his competitor Samantha Ruiz Cohen fared much better).  A slap in the face to this sitting  judge, with five years of experience on the Circuit Court bench under his belt.    Before being elected to the Circuit Court bench, Judge Adrien practiced family law with the Miami-Dade Legal Aid Society for several years.   I had the pleasure of practicing with, and defeating Mr. Adrien at trial before the Miami-Family Law and Domestic Violence divisions of the Miami-Dade Circuit Court.  Nevertheless, I feel for him, because he is a nice guy and means well.  Also ranking in the bowels of the judicial poll was sitting County Court Judge, and former solo practitioner and Miami Dolphin, Ed Newman (with his competitor Manny Alvarez obliterating him in terms of perceived competence and intellect).  It has been said that many lawyers in Miami have referred to Judge Newman as “Special Ed” over the years.

Long time Miami Family Law Division Judge Judith Kreeger will finish this term in office and not seek another judicial term.  A familiar face in the Miami Family Law Division of the Courts, her latest and greatest accomplishment was off the bench, in bringing the Family Law Division into the 21st century and beyond.  Now, after the implementation of the “Odysee” computer system, lawyers may access an entire case file within the Miami Family Law Division of the Courts from their PC, laptop, or mobile. No more paying some grunt to pull a paper file and make copies of pleadings, motions, and orders entered on any given divorce or family law case, thanks in part to good ol’ Kreeger, who would sometimes stroll into the Family Courthouse with her toy dog.  Good luck in the future says…

Gilberto R. Izquierdo, Esq., Your Miami Family Lawyer

Tiger made his return  to the golf course this month in the Master’s Tourney in the good old state of Georgia. He didn’t make much of an impression on the golf course, or at home.  Rumor has it that his estranged wife refused to watch the competition, and she heard about that ridiculous Nike commercial that contained images of Tiger’s dad grilling him on what he has learned from his mistakes.  She wanted to puke.  It is speculated that she’s had enough, and will soon file for divorce in the Orange County, Florida Family Court.  This will dwarf all other Florida divorces in terms of notoriety and assets if contested.  Let’s see if she calls…

Gilberto R. Izquierdo, Esq.,  Your Miami Family Lawyer

In this case, the Palm Beach Family Law Trial Court erred in imposing prejudgment interest from the date of the filing of the divorce (as opposed to the final hearing date) on an equalizing payment mandate, made to the Wife from the Husband, as part of the Court’s equitable distribution of a business asset.  Reason: the Court valued the asset being distributed as of the date of the final hearing, therefore, it follows that the interest should similarly be imposed as of the final hearing date, not the filing date, especially given the fact that the Wife had access to, and received income from that asset during the divorce proceedings.

Gilberto R. Izquierdo, Esq.  Your Family Law Lawyer

A Palm Beach County Family Law Trial Court correctly ruled that income cannot be imputed to the Wife from the Court’s grant of the marital home to her, for the purpose of determining the Husband’s alimony obligation, being that she presently lives at the home with the children, and she does not derive any income from the home.  I would have told the Husband not to appeal such a ridiculous issue.   Shame on him for not hiring…

Gilberto R. Izquierdo, E$q.  Your Miami Family Law Lawyer

A delinquent child support obligor was immediately released from jail in Orlando on March 18th because the Family Law Court that locked him up made only general findings that his failure to pay child support was willful, and that he had the ability to pay a $7,034.48 arrears amount.  The Family Law Court did not set forth a recital of facts on which the findings were made, which is required before you lock a dude up. Moreover, it did not comply with the requirement to find that the dude had the ability to pay the contempt purge amount.  Result:  the dude goes free…for now, until he messes with:

Gilberto R. Izquierdo, Esq.  Your Miami Family Law Lawyer