House panel approves everlasting suspension of kid help regardless of reluctance from rights teams

A repeat bill aimed at overhauling Florida’s child support laws slipped through its first House committee on Tuesday debuted in the 2021 Legislature in this week.

The application (HB1559), sponsored by Miami Republican Rep. Anthony Rodriguezpassed the House Subcommittee on Civil Justice and Property Rights by a vote of 10 to 6, along with Vero Beach Republican Rep. Erin Grail Break with other members of her party.

Legislation that has been circulated in recent years would eliminate permanent child support payments and set the presumption of custody over time at 50/50 between parents. If passed, Florida would join 44 other states in legislation banning perpetual child support payments.

Currently, long-term alimony is subject to change at the judge’s discretion. A 1992 Florida Supreme Court ruling determined that retirement is considered a change in circumstances that may modify maintenance.

“I look forward to working with each of you to improve this bill,” Rodriguez said. “I understand that this is not one size fits all. This reform is necessary. We are one of a handful of states that still have permanent alimony on the books.”

The legislation, on the other hand, has been criticized by lawmakers for changing the presumption of time sharing of child custody to a 50/50 split. Current law assigns custody to the judge’s discretion “based on the best interests of the child.”

“Sometimes some pro se plaintiffs won’t even understand how to refute that presumption,” said the Palm Beach Democratic representative. Emily Schloesberg said. “They’re not really sure what that means … and often 50/50 really isn’t in the child’s best interest.”

The bill’s custody provision was the reason Grall, along with her Democratic peers, opposed it.

“I support the child support provisions of this bill, but I’m very concerned about the 50/50 presumption of child sharing,” Grall said. “I think the current ‘in the best interests of the child’ standard is an important one, and I think as legislators do we decide what’s in the best interests of each child? Is that an appropriate political decision, because that is what makes it happen.”

In particular, 50/50 time-sharing in custody arrangements can come with reduced child support payments.

The bill faced heated public testimony.

Opponents argue that cutting perpetual support would put those who may be caring for children in compromising positions, and the legislation seeks only to benefit the main breadwinner and unfairly disadvantage the other person.

Barbara DeVane, for the florida National Organization for Women, said the organization is concerned about the bill’s potential to disproportionately hit women, especially older women, at a time when the pandemic is curtailing jobs.

“I think this is like my ninth or tenth year that I’ve been here against this law,” DeVane said. “At a time when we are in a COVID crisis where three out of four women have left the workplace to go home and care for their children, you are again debating a bill that will protect women and… will hit children severely and disproportionately.”

The Florida Bar Association’s family law division, which opposes the bill, issued a statement opposing both the alimony measures and custody provisions, arguing that the laws already in place take into account the unique circumstances of each case.

“We believe these sweeping bills will ultimately hurt Florida families,” the statement said. “Together and as individual family law attorneys, we advocate for laws that protect strong, healthy families and, most importantly, put the needs of children first; and unfortunately this legislation undermines that protection.”

The Florida Chapter of the American Academy of Matrimonial Lawyers joined other opposition groups.

Supporters of the legislation included several divorcees who are currently paying alimony. Some shared concerns that they might not be able to retire because of the ongoing alimony payments.

“I can’t retire because I have alimony every 30 days,” he said Deborah Schultz, who pays alimony to her ex-husband. “I now have six grandchildren and I can’t even enjoy being a part of their lives while he is living life to the fullest. The law needs to be changed.”

Florida Family Fairness expressed support for the bill. Several people who also spoke on the House Committee appeared at Monday night’s Senate sessionwho heard testimonies but had no more time to vote on the legislation.

Sarasota Republican Sen. Joe Gruters sponsored this year’s Senate bill (SB 1922).

Support reform has been a hot topic over the past several legislative sessions. In 2016, a reform law was passed to the then government. Rick Scottwho vetoed it over concerns that it would harm children.

Last year the proposal (HB843) was sponsored by Rep. Alex Andrade. In the past the Republicans from Pensacola has compared permanent alimony to “forced labour”. by requiring payers to work beyond retirement age.

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