Practice Section

Family Law section presents major topics influencing the family law practice

by kayla richmond, esq. and danielle seitz, esq.

The Lee County Bar Association’s Family Law Section is happy to be back in action this year providing in-person CLE and networking opportunities to members and the Family Law community alike. We have worked to provide relevant and diversified content to practitioners through a CLE speaker series.

In February, Judges Amy Hawthorne and Lee Ann Schreiber moderated a CLE on the ins and outs of child hearsay and child testimony in Family Law cases. April’s program brought Attorney Matt Lundy to town, who presented on the pitfalls of Qualified Domestic Relations Orders and practical tips for dividing retirement assets in divorce cases. In July, a panel of mental health professionals provided insight on parenting issues, parenting evaluations, reunification of parents and issues surrounding child and parent individual therapy. Ann Sell, Julie Corbin Gray, Alexandra Kleinfeldt and Joseph Prather discussed valuable resources and relayed pertinent information to be incorporated in the creation of Parenting Plans for separating families. We were excited to host Trisch Garthoeffner of Anchor Business Valuations & Financial Services on September 20 at the Collaboratory in downtown Fort Myers. Garthoeffner presented on all things related to business valuations in Family Law cases, including necessary discovery and techniques and procedures. In addition to in-person events, the Section brings value to our members through articles and raising awareness of major topics influencing the Family Law practice. A major topic amongst practitioners this year was Senate Bill 1796, which proposed major reforms to Family Law legislation. The biggest changes proposed would have eliminated permanent alimony and created an equal-timesharing presumption for both parents sharing time with their children post-separation. Different proposals have made it to the desk of Florida’s Governors over the years, but each year – and 2022 was no different – the bills have been vetoed.

While many seem to support the change to eliminate payment of permanent alimony, the more controversial aspect of the proposed legislation is presuming each family (or parent) should enjoy a 50/50 timesharing schedule after a separation. Although Senate Bill 1796 did not become law, be on the lookout for additional proposals for legislation overhauls in the Family Law arena in the coming years. Also of significant importance is a recent change to Family Law Rules of Procedure, Rule 12.530(a). If you plan to appeal a final judgment due to ‘lack of required findings,’ practitioners must note the change to the Rules of Civil Procedure 1.530(a) and the Family Law Rules of Procedure 12.530(a). The revised Rules now require any challenges to the trial court’s findings to first be raised in a motion for rehearing before seeking appellate relief. Stated another way, failure to raise the issue of ‘lack of findings’ in a Motion for Rehearing, waives that argument on appeal. This change became effective August 25, 2022. Look for information coming to you about a year-end networking event and celebration of the success in connecting and collaborating with other colleagues, professionals and businesses this year.

Kayla Richmond, Esq., is a stockholder in Henderson Franklin's Divorce, Marital and Family Law practice area.

Danielle Levy Seitz, Esq. is a partner with Aloia, Roland, Lubell & Morgan, PLLC. Seitz’s primary focus is in the areas of divorce, marital, family and adoption law.

2022 florida super lawyers and rising stars Congratulations to this year's honorees

We apologize to any LCBA Members who were inadvertently omitted from the Super Lawyers and Rising Stars lists in our August issue. We are proud to announce the following Lee County Bar Association member has been selected to the 2022 Florida Rising Star list. Please join us in congratulating her!

business litigation Shannon Puopolo Henderson, Franklin, Starnes & Holt, P.A.