Controversial Support Reform Battle Leads to DeSantis; however the retroactivity clause may kill it a 3rd time
For the third time in a decade, a support reform bill is before the Florida governor, and lobbyists and advocates from both sides will do everything they can to sway the governor Ron DeSantis at your side.
At the heart of the controversy: the retrospective nature of the bill, which will fundamentally change the legal landscape for thousands of Floridians currently living under a modifiable child support agreement. Although supporters of the bill claim it would not be retroactive, legal experts say this is simply wrong. By making the law “applicable to all lawsuits pending on or after July 1, 2022,” experts say the bill would effectively be retroactive and significantly affect thousands of ongoing child support payments, including those created under a negotiated contract were between two parties.
In short, anyone currently receiving child support under an amendable child support agreement negotiated under applicable law would be subject to the new rules under any new amendments to the agreement that take place if DeSantis decides to sign the law. Future negotiations would be subject to the new “rules of the road” that neither party anticipated when agreeing to the original terms, effectively changing the game for tens of thousands of families.
“The Florida Bar Association’s Family Law Division respectfully requests Governor DeSantis to carefully review and ultimately veto the policies in SB 1796 that will negatively impact Floridians — some of our state’s most vulnerable, including seniors and children.” to file unjustified changes to alimony and timeshares,” said Heather Apicella, Chair of the Family Law Division of the Florida Bar Association. “Proposed alimony changes in this bill are retroactive and will affect existing and pending alimony payments, affecting countless prenuptial agreements and final judgments.”
Reform advocates have tried to argue that because nonmodifiable maintenance agreements remain so and modifiable agreements are already modifiable, the law is not retroactive, and the law does not change that.
“SB 1796 would modernize Florida’s child support law by making the process fairer and more predictable for all parties while reducing litigation costs,” said Marc Johnson of Florida Family Fairness. “This law also protects children and allows both parties to retire with dignity while giving courts discretion to protect vulnerable dependents.”
However, family law experts say that changing the legal landscape for future alimony agreements and applying those changes to existing agreements made under the previous rules effectively changes the game and is thus “retroactive”.
“This sets a dangerous precedent for contractual agreements in Florida, and we are deeply concerned that this public policy will erase justice and introduce a system that heavily favors one party while needlessly harming the other.” It will also result in lengthy litigation, driving up divorce costs and creating backlogs in an already overburdened family court system.”
On two previous occasions, Governor Rick Scott vetoed very similar bills once in 2013 and again in 2016. In his veto message, he expressly pointed out the injustice of the retroactive effect of the proposed reforms.
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