Photo by pixabay

The biggest alteration HB-455 proposes is to eliminate permanent alimony altogether, including durational and rehabilitative alimonies. Further, the bill offers a formula for judges that would offer ranges for awarding alimony based on the income of the spouses, along with the duration of their marriage. Thus, longer marriages would lead to higher alimony, while marriages lasting under 2 years would result in no alimony. As another facet of ending permanent alimony, the bill would allow judges to modify or end alimony if the one who is receiving alimony receives a substantial increase income or if the ex-spouse paying alimony retires.

In order to aid in the elimination of permanent alimony, HB-455 proposes alimony and child support should be capped at 55% of the spouse’s income.

The overall goal of HB-455 is to reduce headaches that occur with alimony litigations in the divorce process, according to supporters of the bill.

Original article posted by the Herald Tribune

Photo by Gunnar Pippel.

In mid-September, a Florida man pleaded guilty to owing over $90,000 in child support. He hadn’t made a single payment since 2012, at which time he already owed over $60,000 in Florida child support. He now faces up to two years in jail and a $250,000 fine. What’s more, in addition to the jail time and hefty fine, he still must pay the $90,000 in overdue child support.

While this man is an extreme case, the lesson should be clear: Florida law expects support orders to be followed.

Here is a little about how the child support system works, including how child support is determined.

Once parents have gone their separate ways, child support is required if a child support order has been filed.

Florida views child support as a right every child has to ensure the child is consistently provided for. Whether it is shelter, food, clothing, or any other necessities, the state of Florida holds the child’s needs as paramount.

This court order specifies the amount and type of child support the parents need to provide for the children. Under the child support order, there are many benefits included, such as: the amount of child support required to be paid, paternity benefits (where the father gets legal rights in cases where the mother wasn’t married at time of the child’s birth), and medical insurance plans. Any medical costs that are not covered under medical insurance plans are also included in the benefits.

There are two different ways to get a child support order in the state of Florida: administrative and judicial. For the administrative route, parents avoid a court hearing by determining the type of support and amount with an official. The judicial process requires a court hearing for a judge to evaluate financial information; after which, he will then inform the parents of his decision on the amount and type of support to be included in the order.

After the type and amount of child support has been determined, it is quite easy to make and receive payments, using the Florida Department of Revenue’s website. Payments can even be made by cash, check, in person or by mail. If a payment can’t be made due to circumstantial changes, Florida allows for modifications to the child support order be filed.

In any case, it is important to have a knowledgeable, experienced attorney by your side through child support cases. Counsel will help you correctly file orders, modifications, and clue you in on where you are at in the process.

News story

Well, fortunately, there’s been a legal development involving the issue of rape that should have everybody cheering, despite its taboo status. The great news came out of Florida, and specifically involves rape-related child custody.

President Obama recently signed a US law increasing funding for states that enact laws allowing female victims of rape to terminate parental rights of the rapist. Florida is one of those states, just recently allowing for all parental rights to be terminated as long as there is solid evidence of a rape taking place. There doesn’t even have to be a conviction, just “clear and convincing evidence.”

It seems strange to say, but several years ago, many states refused to treat child custody cases differently when rape was involved. It was entirely possible for a male rapist to fight for years in court either trying to specifically win custody of the child, or just simply to heap further injury onto the woman. There are no definite numbers on how often that is the case, but as the act of rape is said to mostly be about power, it’s not hard to imagine that it is a decent percentage of the time.

Many rape cases go unreported (or under-reported), so it’s understandable that courts would be hesitant to make sweeping declarations based on a rape accusation, but when there’s evidence to back up a claim, one would expect there to be a law in place to deal with it. Now there is, and family rights groups are singing its praises.

According to studies, between 25,000 and 32,000 US pregnancies are caused by rape, and at least 1/3 of women choose to keep and raise the child. With such a large number of potential child custody cases involving rape, it is a good thing that Florida is taking action to help the victims.

Source: https://www.csmonitor.com/USA/Politics/2015/0604/With-new-US-law-more-funding-to-protect-women-who-have-children-after-rape

Source: https://apps.rainn.org/policy-state-laws-db/landing-page-parental-rights/index.cfm

In 2013, Orange County had the 4^th highest number of family court filings for counties in Florida. The 9^th Judicial Circuit, which includes Osceola and Orange counties, had 27,207 family court filings in 2013, which was the third highest in the state behind the 11^th and 17^th circuits. The current system is overwhelmed with a staggering number of cases, and the judges are trying to push through too many cases without the necessary staff.

Because the numbers are so high, many judicial circuits require mediation with a specially appointed magistrate prior to meeting with the judge. For undisputed divorces, where both spouses agree on child support, custody, visitation, division of property and debts, and alimony, resolution may come swiftly, sometimes taking as little as four to five weeks to be completed. But for disputed divorces, six months to a year is a realistic expectation for a court date.

Read original article here.

Some records can be viewed anonymously, while other records will require personal information from the viewer. The amount and type of personal information provided by an individual to the clerks determines what records the individual will be able to access online. Once the records are made available later this year, anyone will be able access electronic records anonymously for most criminal and civil cases. To access probate and family court records, individuals will be required to submit a notarized application and get approval from the clerks’ offices in most counties across Florida. In a few counties, individuals will need to pay a subscription fee, but in most counties all that is required is providing information about yourself. The only records not available for public viewing are expunged and sealed records. Applications are automatically rejected if users provide misinformation.

Be careful! Access to public records is no green flag for doing a DIY divorce. You really do need the advice and guidance of an experienced Florida attorney.

There are some other concerns about the new changes. Family law records often include sensitive information such as a family’s finances. Some argue that this makes it easy for an individual to snoop on their neighbors’ divorce records from the comfort of their home, whereas they wouldn’t go to the trouble of going down to the clerk’s office to obtain the same information.

Manatee County was the first to make its records available online, and their program has become a model for other counties. Most counties should have their records available online by the end of the year.

Read original article here.