PRESS RELEASE
Published on July 19, 2023
Fort Walton Beach, FL –
ASG Legal, based in Fort Walton Beach, Florida, recommends that the community educate themselves about the state’s recent changes in law, particularly those related to custody and child support. Given the far-reaching impact these changes are expected to have, the company wants to share its perspective to help people understand what impact they could have.
The first change the company wants to discuss is a new bill aimed at keeping children safe in custody battles. Signed into law by Florida Gov. Ron DeSantis, Greyson’s Law, which went into effect July 1, requires family courts when preparing parenting plans to consider whether threats against ex-spouses or spouses pose an ongoing threat to the children involved, according to the Time -Sharing schedules.
ASG Legal advises that courts will consider whether the child is at high risk of various forms of abuse, including physical or sexual violence, neglect, abandonment, and more. Previously, Florida law provided some direction for the courts in making such decisions, but the new bill has laid the groundwork for a more structured approach that will help the parties involved develop a parenting plan that puts the child’s safety first stands.
As a law firm whose practice areas span divorce and family law, ASG Legal has worked with numerous families to assist courts in determining child custody and visitation. They explain that child custody in the state of Florida is considered in terms of parental responsibility and timeshare. Both terms describe the areas they cover.
Prior to the Greyson Act’s enactment, certain circumstances may have prompted the courts to have the timeshare monitored by a third party, the firm says. This could have been triggered by involvement in domestic violence, illegal drugs, etc. From now on, the company expects other factors to be considered as well, including threats, harassment, and more. This would also give lawyers more avenues to act in custody hearings when a child’s safety is at stake. ASG Legal invites interested parties to contact us if they would like to learn more. Click here to view the company’s Facebook page.
Governor DeSantis has also signed significant changes to Florida’s timeshare law. Equal time sharing is now assumed, which means that parents spend an equal amount of time with their children. Previously, judges had to evaluate several legal factors when creating or amending a parenting plan and time-sharing schedule, but there was no accepted starting point for the amount of time parents should be with their children. Now judges must assess the same factors, but should start from the premise that parents should have equal time with their children.
Florida law not only establishes the assumption of equal time sharing, but also makes it easier for parents to change previous parenting plans. Previously, a parent wishing to change a previous parenting plan had to demonstrate that there was a material, substantial, and unexpected change in circumstances since the last court order was issued. Now the parents only have to prove a significant and substantial change of circumstances; The requirement that the change must be unexpected has been removed.
Gov. DeSantis has also signed into law a measure that will make sweeping changes to the state’s child support laws. A change could be of interest to certain parties as it essentially does away with “permanent maintenance”. The push to abolish perpetual alimony has been hotly contested for some time, with heated debate going back several years. In fact, just a year ago, Gov. DeSantis vetoed a similar bill, and former Gov. Rick Scott also vetoed two bills that had similar goals.
However, the abolition of permanent alimony is not the only change proposed by the bill. It has also codified a process for ex-spouses who are paying alimony to request adjustments to their alimony arrangements upon retirement. Judges receiving such requests may decide whether alimony (or support or alimony) payments should be reduced or eliminated altogether based on a number of factors related to the parties involved.
According to ASG Legal, the condition and lifestyle of both parties will be taken into account. These can include the economic impact on the alimony recipient, but also the age, health of the payer, and even the motivation behind their retirement (the judges will also consider whether they are likely to return to work in the future). There may also be an industry trend, as an important factor taken into account is the typical retirement age of the paying party’s profession. However, this remains to be seen.
Clients are welcome to contact the firm if they think that recent legislative changes will have an impact on a potential or ongoing case in which they are involved and may request a consultation with ASG Legal’s Michael Goodson, a board certified Marriage and family law specialists. ASG Legal can be reached by phone or email and clients can visit the firm’s offices at 909 Mar Walt Dr # 1014, Fort Walton Beach, FL 32547.
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For more information on ASG Legal, contact the company here:
ASG Legal
ASG Legal
(850) 863-4064
909 Mar Walt Drive, Suite 1014
Fort Walton Beach, FL 32547-6711
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