Florida Child Support Overhaul: New Legislation Changes Modification Standards | Lowndes

On June 30, 2023, Governor DeSantis signed a landmark law that made sweeping changes to Florida’s child support laws. Similar attempts have failed in previous years, including a veto by DeSantis on the bill’s predecessor in 2022, as well as former Gov. Scott’s veto of previous attempts twice.

Changes passed include the abolition of ‘permanent’ alimony and caps on the length and amount of ‘permanent’ alimony. Significant changes, effective July 1, 2023, go beyond the mere initial determination of maintenance the change also of maintenance.

supportive relationship

Florida Statute Section. 61.14, which provides for the modification of alimony, has now been modified to provide for a court to do so must (instead of being allowed to) reduce or terminate a child support payment if it is determined that a supportive relationship exists between the child support recipient and a “person to whom he or she is not related”. [the recipient] by blood relationship or affinity.”

The burden of proof lies with the ‘debtor’ (i.e. the paying spouse), who must first demonstrate that a supportive relationship exists or has existed. Once this is proven, the recipient must then try to prove why the court should not reduce or end the alimony.

The court will consider various factors, including how long the recipient and the other person have been living together not required to demonstrate a supportive relationship; whether they have joint bank or other financial accounts; and to what extent there is financial support or pooled resources.

“This paragraph recognizes that there are relationships that provide financial or economic support equivalent to marriage and that support, maintenance or alimony must be modified or terminated where the existence of such a relationship is established.” The existence of a marital relationship is not required for the application of this paragraph.” Sect. 61.14(1)(b)(3).

retirement

Another significant change is the addition of Section 61.14 on the right of a debtor to request a reduction or termination of maintenance upon reaching “the normal retirement age as determined by the Social Security Administration or the normal retirement age for his or her occupation”. The debtor must demonstrate that he or she has made reasonable efforts to retire or that he or she is in fact retired and that his or her retirement will therefore limit his or her ability to pay maintenance.

Again, the court must consider various factors to consider whether to grant the modification as a result of retirement, including the debtor’s age and health, the nature of the debtor’s occupation, the debtor’s motivation for retirement, etc.

The law now provides that the debtor may make an application to change his maintenance obligation in advance of retirement, but no later than six (6) months before retirement.

[View source.]