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 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.

Child Relocation:  There has been a major change in Florida law concerning child relocation.  Relocation with children more than 50 miles now requires the party who wants to move 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.

Florida Divorce

In 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 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 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 Support

Florida 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 Florida

Many 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.

• Permanent alimony - Usually awarded in long term marriages where  there is significant differences between the spouses income.  This form of  alimony usually paid until the death or remarriage of the spouse.
• Rehabilitative alimony -  This form of alimony pays for education or training  so that the spouse who needs the alimony can become self sufficient after the divorce if finalized.
• Temporary alimony - This form of alimony is paid while the case is pending  before the Court.

Divorce Attorneys Fees in Florida

The 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.