Articles Posted in Divorce

What Does Alimony Reform Mean for Florida Residents?

Florida law changed on July 1, 2023.  Permanent alimony is no more.  Alimony can be durational, but it cannot exceed fifty percent of the time a short term marriage has taken place or sixty percent of the length of a moderate term marriage.  Alimony may not exceed seventy five percent of the time a long term marriage has occurred.  A short term marriage is one that has occurred for less than ten years.  A moderate term marriage is defined as a marriage that is ten to twenty years in length, and a long term marriage is one that is twenty years or longer.  Durational alimony is not available on marriages that are less than three years in length.  Durational alimony may not exceed thirty five percent of the difference between the income of the parties.  Retirement may be an event that can be used to justify a reduction in alimony.

What Types of Alimony Exist in Florida?

What is a Pick-Up Order?

In Florida, a pickup order that is issued may be issued to secure the physical custody of a child from one party and then deliver that child to another party. Most courts disfavor pickup orders for children, as it is thought that it may be harmful for children to be exposed to this procedure.  The author believes that it can be tramatic for a child to experience the police enforcing a change of custody when it is unexpected and is apparently stressful on the parent that must give up custody.  Most judges will use this type of an order sparingly when other attempts to correct custody disputes fails.  If a pickup order is properly worded, the police/sheriff should enforce a child custody/pickup order.  The language that the author believes is essential in his experience dictates that the order shall be enforced by all sheriff’s of the state.  An order without this language or its equivalent generally will not be enforced by the police.

What is a Foreign Pick-Up Order?

What Is a Parenting Plan?

A parenting plan is an all-inclusive plan that determines where a child lives, goes to school, and the child’s interaction with his or her parents.  Florida divorces and paternity cases require a parenting plan.  The parenting plan helps determine which parent will be responsible for the child, and when and how they will timeshare with the child. 

What is a Parenting Plan Based Upon?

The question as to whether or not an individual needs an attorney to divorce in Florida is simple if we review the question literally.  You can get a divorce in Florida without an attorney.  However, it may be unwise to attempt to be divorced without an attorney.

Why Should I Use an Attorney?

The author believes that an attorney is essential if you are attempting to obtain a divorce.  This may sound like a self serving statement, but the author thinks there are numerous reasons that one should use an attorney to guide them through the process.  The author feels that having an attorney keeps otherwise Pro Se (self represented) clients forging ahead and not getting side tracked by discovery issues and other procedural problems regularly encountered and routinely dealt with by attorneys.

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The general rule in Florida is that child support terminates when a child reaches 18 years of age.  However, the general rule does not apply when child support is still owed for any time prior to the child’s reaching adult legal status.  Under those circumstances, the custodial parent generally retains the right to collect on the overdue balance owed.  In terms of procedure, to collect any outstanding child support payments, the custodial parent must obtain a Court order signed by a Judge.  Even if the debtor parent is not currently able to make the payments, the Court order preserves the right of the custodial parent to make a claim on future money earned for back child support.  To make sure that a Court order is properly obtained, custodial parents in Jacksonville would benefit from retaining the services of an experienced Jacksonville family attorney.

Florida Also Provides an Exception in Instances When a Child of Legal Age Has Not Yet Graduated from High School

Florida’s child support statute found at Florida Statute §61.30, also contains a provision that extends child support until the child graduates from high school, if there is a reasonable expectation of graduating before his or her 19th birthday.  If there is no reasonable expectation that the child will graduate before their 19th birthday, child support will terminate automatically upon the child turning 18 years old.

The marital home is frequently the largest asset between the parties to be divided in a divorce. When and how the marital home was acquired will be a major factor in determining who gets the marital home temporarily and permanently.

What is Exclusive Use and Possession?

Exclusive use and possession refers to one party receiving permission to use the home for their own purposes. Conditions are frequently provided for, as well. A frequent condition to receiving exclusive use and possession of a home is typically connected with paying the mortgage or other household bills.  This sometimes occurs initially after holding a temporary needs hearing or a domestic violence injunction hearing.  The most expedient, but not necessarily recommended way that a spouse can obtain exclusive use and possession of a home is through a domestic violence case. Using a domestic violence case to obtain exclusive use and possession should only be pursued when it involves a Petitioner that has been the victim of domestic violence. In other words, a petition for injunction should only be filed when actually necessary to stop or prevent violence. Where domestic violence is not an issue, a temporary needs hearing would be the best vehicle to obtain a temporary order to decide who stays in the home temporarily. The author has seen a number of occasions where both parties shared the home while they waited for a final hearing because neither party had a good option to leave.  This is not recommended, as it is natural for hostility to build between two partis going through a divorce.

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The end of a marriage can be a trying time, both emotionally and financially.  For many people, fundamental aspects of their daily life will change dramatically, including where they live, how often they see their children, their day-to-day routine, and even whether or not they have a job.  In some cases, one of the parties to a marriage has forgone pursuing a career to support his or her spouse or may have left the workforce early to raise a family or manage the marital home.  Your Jacksonville family attorney can assist you in obtaining alimony or defending against alimony claims.

Florida Alimony

Of course, the parties to a marriage both have financial needs, both during the marriage and afterward, should it end.  The law that governs the way marriages end recognizes this fact and provides for an equitable distribution of the marital assets upon dissolution.  Additionally, Florida Courts are authorized by law to award additional financial support based on one party’s need and the other party’s ability to pay.  This type of arrangement is referred to as “alimony” by Florida law but can also be called “spousal support” or “maintenance.”  There are several types of alimony that may be awarded, including bridge-the-gap, rehabilitative, permanent, durational, or lump-sum alimony.  What kind of alimony is appropriate to request can sometimes be difficult to decide on your own.  Your Jacksonville family attorney will assist you in making that determination after examining all the facts related to your marriage.

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Many divorcing parents and single parents are aware of their obligation to support their children, and some are familiar with how the amount they must pay is decided.  Fewer are aware of how long the obligation to support their children continues.  Your Jacksonville family attorney can assist you with understanding all of the nuances of child support.

Payment Lasts Until the Child Reaches Majority Age

In general, a parent must pay child support until the child is 18 years old.  This is considered the age of majority or when the child is recognized as an adult.  However, a child’s eighteenth birthday isn’t always the cutoff date for support payments.  According to Florida law, a parent’s duty to continue paying child support may be extended when the child has not finished high school by their eighteenth birthday; when the child has special needs; and when there is an agreement that says otherwise.  Your Jacksonville family attorney can assist you in determining what your obligation will be based on your particular circumstances.

What is a Statute of Limitations?

The term “Statute of Limitations” refers to a law that limits the period for which one may file a lawsuit.  This time period will typically vary by state and the type of suit that is being filed. For instance, the period of time for filing suit for a wrongful death claim may be different from the period of time one has to file for a trespass suit.  Federal law normally controls Statute of Limitations Periods for cases decided based upon federal law.

How Far Back Can One Be Assessed in Determining Child Support?

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Mediation is an alternative dispute resolution that is mandatory in a Florida divorce, paternity, or modification case, but many people do not see the process as the benefit it is.  During mediation, the two parties will meet with a mediator who is an unbiased and uninterested person in the case.  The mediator will try and help the parties resolve all disputes related to the family law case.  If an agreement is reached, it is drafted and submitted to the Court for approval so the case can be closed.  While the process is straightforward, there are still many myths related to the process.  Your Jacksonville family attorney can assist you in understanding the mediation process.  Below are the biggest myths about family law mediation in Florida, and the truth behind them.

The Mediator Will Make All the Decisions

This is simply untrue.  Mediators do not make any of the decisions when they meet with parties going through a divorce, paternity, or modification case.  They cannot force either party to do, or not do, anything.  Instead, they are only there to help you and facilitate you and your spouse, ex-spouse, or co-parent to reach an agreement.  If you cannot reach an agreement and your case requires litigation, it is the Judge that will make all the decisions.  Your Jacksonville family attorney is here to assist you in mediation and to represent you in any litigation should you not reach agreement.

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