The Florida Divorce & Family Law attorneys at Schantz & Schantz will help you fight for a fair settlement of your case.
Having practiced law since 1982, both Mr. and Mrs. Schantz can help you deal with the complex legal aspects of all family law and divorce matters. We treat all of our client’s with kindness and compassion when they are going through a difficult divorce.
MAJOR CHANGES IN FLORIDA FAMILY LAW
MODIFICATION OF ALIMONY AND CHILD SUPPORT:
If a person loses their job due to no fault of their own that person may file a petition to modify their alimony or child support. Many people do not realize that until they file a Petition to Modify alimony or child support they must continue to pay the support. Failure to pay alimony or child support can subject a person to being held in contempt of court, jailed and attorney’s fees. The only proper way to deal with the inability to pay support is to file a Petition for Modification of Alimony or Child Support. Once the Petition for Modification is filed the Court can modify the support obligation retroactive to the date the modification was filed. If a modification is not filed, the support that is owed will be vested. Unfortunately, the alimony or child support obligation is owed until such time as a modification is filed. Therefore, it is crucial for a person who has lost their job to explore their legal rights to modify their alimony and child support obligation.
There has been a major change in Florida law concerning child relocation. Relocation with minor children more than 50 miles now requires the party who wants to relocate to give a very specific notice prior to any relocation. If the procedure is not properly followed a parent who has moved can be ordered returned to the State of Florida and face sanctions such as contempt and attorney’s fees. Before any relocation of minor children can take place Florida Statute 61.13001 must be followed. Since this is a very complex statute it is always best to consult with an attorney prior to any relocation.
The term Child Custody no longer exists in Florida:
Major changes have taken place concerning child custody effective October 1, 2008. No longer can a parent fight for the term “Primary Residential Parent”. In Florida, parents will now be required to deal with Timesharing and Parental Plans. The term child custody has been eliminated by the Florida Legislature. The thought behind this law change is to eliminate child custody battles. For more information, people can go to Florida Statute 61.13 or feel free to come in for a free consultation.
Florida has a system of child support that awards child support to the majority timesharing parent based upon net income after taxes, allowable deductions and timesharing. The child support guidelines system prevents inequities throughout the State of Florida. Many people either receive or pay an incorrect amount of child support because they did not consult with an attorney before signing an agreement. Considering the length of time in which a person may have to pay child support, it is usually in everyone’s best interest to make sure that the amount of child support paid or received is correct.