Republican lawmakers are trying to abolish Florida’s “permanent” child support system. A bill in both chambers would limit the duration of payments, but a Florida bar association opposes the changes.
In the House of Representatives, Rep. Alex Andrade is introducing a bill that would prioritize the “bridging the gap” short-term alimony scheme over lifetime payments to an ex-spouse.
“Alimony payments in the state right now – Florida is lagging behind statewide,” Andrade told his colleagues. “We are one of six states that still grant life support. And our statutes allow for a significant degree of judicial discretion that is not subject to rigorous appellate scrutiny.”
Andrade’s bill passed its first stop on Wednesday. The House of Representatives subcommittee on civil justice approved the measure in a party-line vote with Republicans. Andrade said the far-reaching bill appears to achieve two main goals.
“It seeks to promote post-divorce relationships in two ways: First, by not counting the income of a debtor, the person paying child support,” the Pensacola Republican said. “Their new spouse or partner’s income cannot be counted, it is their income to top up alimony to an ex-spouse. It also includes a 180-day look-back when the creditor, the person receiving child support, has entered into a so-called dependent relationship.”
The proposal also sets ceilings for the other two types of alimony in Florida. Rehabilitation alimony, intended as a temporary support to help the receiving party become financially stable, would be limited to 5 years. Long-term alimony, a longer-term version for dependent ex-spouses, would be capped at half the length of the marriage. Another key point of Andrade’s bill – it exempts the party paying alimony from this when they reach retirement age:
“To allow people when they reach retirement age to retire with dignity and not potentially be subject to a contempt order and jail for failing to pay alimony,” Andrade said.
Michelle Klinger Smith is an attorney who spoke on behalf of the Florida Bar’s family law department, which opposes the measure. She points out that despite the removal of the definition of permanent maintenance from legal language, permanent maintenance can still be granted if both parties agree.
“Banging the talk about what permanent alimony is going forward will wreak havoc over what permanent alimony can be agreed upon,” Klinger Smith argued before the House panel.
Klinger Smith also warned the House panel that capping alimony could lead people to try to get money from an ex-spouse in other ways:
“Will this, in turn, result in these spouses fighting for more wealth knowing their alimony payments will be capped?”
The Family Law Division of the Bar Association also opposes a provision of the bill that says a presumption of equal time sharing for minor children after a divorce is in the child’s best interests.
“We’re adamantly against 50-50 timeshares, the guess. There is no presumption for or against at this time,” Klinger Smith said. “We want it to stay that way. Each case is unique.”
Several speakers came to Tallahassee to support the bill, including Natalie Willis.
“I am a lifelong alimony payer. I got divorced 13 years ago because my ex-husband refused to work or do housework,” Willis told lawmakers. “I didn’t even know what child support was until I was forced to pay a large amount that I couldn’t handle. I soon lost my business, house and car. At my lowest point, I had to borrow money for gas so I could go to work.”
Willis shared her story, which included a detail also found in the accounts of some other speakers — her ex-spouse deliberately forfeited income to continue receiving child support payments.
“I’ve never been against alimony. I wanted to help my ex-husband. I was hoping we could stay friendly to each other because we were once in love and have three kids,” said Willis, who was visibly touched on the podium. “But for the last 13 years my ex has intentionally remained unemployed.”
An identical Senate bill, sponsored by Republican Kelli Stargel, is awaiting its first hearing.
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