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Mara & Mara

Author Archives: Wendy Mara

Florida’s New Revised LLC Act, Part II

Come January 1, 2013, the Florida Revised LLC Act will become law. Most of the statutory provisions may be overridden by provisions in the LLC’s Operating Agreement. However, there are some provisions, based on Florida Statutes Section 605.0105 that may not be waived. Management: If a management provision is not specified, then the default will… Read More »

Florida’s New Revised LLC Act. Part I

The Florida Revised LLC Act (“FRLA”) became law on June 14th, and beginning January 1, 2015, all LLCs will be subject to the FRLA.  This blog highlights some important provisions. Managing member:  The term “managing-member” is no longer in the definitions section of the FRLA.  The term was taken out because many LLCs were using… Read More »

Child Support and How It is Calculated

     Many parents who are required to pay child support either because of a paternity action or because of a divorce, do not fully understand how child support is calculated.  Florida Statutes Section 61.30 provides the formula the courts use to calculate child support.  The following steps are used to determine child support: Determine Gross Monthly Income. … Read More »

What is a Guardian Ad Litem?

A guardian ad litem (“GAL”) is appointed by the court in a dissolution of marriage or for the creation, approval, or modification of a parenting plan when the court believes that it would be in the best interest of the child or children to have someone act on behalf of the child or children.  The GAL is… Read More »

Name of Child-Choosing and Changing

Choosing the last name of a child is easy when the parents are married to each other.  Most commonly, the child is given the last name of the father, but an alternative is to have a hyphenated last name with the mother and father’s last names.  The issue of choosing the last name of the… Read More »

What is a Guardian Advocate?

Guardians and Guardian Advocates are both given their powers through the probate court.  A Guardian Advocate is a special type of guardian for persons with a developmental disability.  Specifically, the developmental disabilities that qualify for a Guardian Advocate are defined in Section 393.063 Florida Statutes are as follows: retardation, cerebal palsy, autism, spina bifida, or Prader-Willi… Read More »

Parental Relocation With a Child

Pursuant to Section 61.13001 Florida Statutes,  if you want to relocate at least 50 miles for more than 60 consecutive days, you must either obtain written permission of the other parent or obtain the Court’s permission.  The factors the Court will examine when making its determination are as follows:   (a) The nature, quality, extent of… Read More »

Judge Judy Most Trusted Judge in U.S.

Judge Judy is trusted more, according to this poll, than any other judge in the U.S.  This includes our Supreme Court Justices.  To read more see below: http://www.abajournal.com/news/article/justice_ginsburg_is_close_behind_judge_judy_on_most_trusted_list/?utm_source=maestro&utm_medium=email&utm_campaign=weekly_email

Governor Rick Scott Vetoes Alimony Bill

Gov. Rick Scott vetoed SB 718 May 1 because he could not support legislation that “applies retroactively and thus tampers with settled economic expectations of many Floridians who have experienced divorce.”  Read more at: http://www.floridabar.org/DIVCOM/JN/JNNews01.nsf/Articles/8D231737258EC2ED85257B5500448DE4

ABA Ethics Opinion Regarding Judges and Use of Social Media

The ABA has stated that judges may use social media but “must at all times act in a manner ‘that promotes public confidence in the independence, integrity and impartiality of the judiciary,’ and must ‘avoid impropriety and the appearance of impropriety.” based on Rule 1.2 of the Model Code of Judicial Conduct.  The ABA also… Read More »