MAJOR CHANGES IN FLORIDA FAMILY LAWMODIFICATION 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 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 support can subject a person to being held in contempt of court, jail and attorney's fees. The only proper way to deal with the inability to pay support is to file a Petition for Modification. Once the Petition 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. Duratonal Alimony: This year, the Florida legislature created a new form of alimony. The new form of alimony is called durational alimony. Before durational alimony was created by the legislature a judge did not have the option of awarding several years of alimony, unless generally speaking, the alimony was tied to a rehabililtative alimony plan. Now a judge can award durational alimony and it need not be tied to a rehabiliative alimony plan. Although no case law exists concerning durational alimony at this time, it appears that durational alimony is not appropriate in a long term marriage where normally permenant alimony should be awarded. The Family Law Attorneys at Schantz and Schantz will be happy to explain all of the issues related to alimony during your consultation. Child Support Calculations: Beginning January 1, 2011 child support calculations will change. Under the current law, a parent who has the children for more than 40% of the overnights will pay a lower amount of child support. The new child support law changes child support payments when a parent has the children for more than 20% of the overnights. As you can see, the amount of overnight timesharing completely impacts that amount of child support paid and received by each parent. Florida DivorceIn Florida, the only required grounds for divorce is that the marriage is irretrievably broken. Or in other words, there is nothing the court can do to fix the marriage. Florida is a No-Fault divorce state and therefore there is no need to prove adultery, mental cruelty or abandonment. In fact, people can still live in the same home while a divorce is pending. Before you can file for divorce, you must be a permanent Florida resident for at least six months before you file. If you cannot prove to the Court that you have lived in the State of Florida for at least six months your case will most likely be dismissed. If you have a question about residency people should consult with an experienced family law attorney.The term Child Custody no longer exists in FloridaMajor 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 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.Child SupportFlorida has a system of child support that awards child support to the primary residential parent based upon net income after taxes and allowable deductions. The 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.Alimony is alive and well in the State of FloridaMany people believe that alimony does not exist in the State of Florida. This belief is totally wrong. Alimony is used when one spouse has the need and the other spouse has the ability to pay spousal support. There are several forms of alimony available under Florida law.
Divorce Attorneys Fees in FloridaThe Court may award one spouse attorneys fees based upon the financial circumstances of the Husband and the Wife, including one spouses need and the others ability to pay. For example, if one spouse can afford an attorney and the other can't, the other spouse may be required by the court to pay all or part of the others attorney's fees.If you have a question for a Florida divorce attorney about your legal rights, feel free to call the Broward County Divorce attorneys at Schantz and Schantz. The attorneys at Schantz and Schantz will be more than happy to explain your legal rights."Broward County Divorce Attorneys helping families deal with Florida Divorce, Child Support, Alimony, Paternity, Parental Relocation and Pre Divorce Planning. |