Legislators are again considering a proposal to change the handling of alimony and child sharing in divorce cases. Of the many changes included in the measure, one would remove perpetual alimony unless both parties agree to it. Deborah Shultz is a 68-year-old doctor who says she pays ongoing child support to her ex-husband.
“I was married to a man for 17 years who stopped working as soon as we were married. I backed about seven different companies that he bankrupted. He abused drugs and alcohol. And he insulted me and our two children,” says Schultz.
Shultz says she was ordered by the court to pay her ex-husband $5,250 a month for the rest of her life.
“I can’t retire because I have alimony to pay every 30 days,” Shultz says.
House Bill 1559 would also allow the payments to end when the person making the alimony payments reaches the full retirement age set by the US Social Security Administration – with exceptions. According to current case law, alimony payers can apply for an adjustment or termination of the alimony when they reach the standard occupational age limit.
Another change concerns parental leave with children. The proposed law would create a presumption that allowing 50/50 part-time use by children would be in the child’s best interest – meaning that both parents would have equal time with their child. Currently, applicable law requires the court to evaluate several different factors in determining an appropriate parenting plan. Rep. Emily Slosberg (D-Delray Beach) questioned the change during a meeting on the bill:
“So if under your bill there is hypothetically one parent who is a drug addict and another parent who genuinely cared about the child, under your bill that would lead to the assumption that 50/50 is in the best interests of the child Child.”
“Absolutely not,” replied Bill Sponsor Anthony Rodriguez (R-Miami) of Miami. “I mean, you walk into the courtroom and there’s an assumption of 50/50 timeshare, but in this scenario, especially the representative scenario, it’s obvious that the judge wouldn’t grant a 50/50 timeshare to a drug-addicted parent. “
Rodriguez says lawyers are arming children and timeshares to give their clients more alimony.
“There is a clear link between alimony and timeshares, and we believe the children should be at the heart of the divorce as you enter the courtroom. And there should be an equal division of time, and if for some reason that’s not the case, the judge can decide that,” Rodriguez said.
Rodriguez says his bill would allow a judge to refute the 50/50 timeshare presumption. Philip Schipani is a family law attorney who represents clients who have children with special needs. He says judges don’t always have a full understanding of a family’s situation. He fears the presumption created as part of Rodriguez’s bill will put an additional burden on his clients.
“And right now I have a pending case – a special needs child – that guess if they put 50/50 – the father hasn’t seen the child in four years. Not only [does] the child [have] severe special needs, husband is a recovering drug addict who has not seen the child in years. So, then you attract that presumption, and then I have an extra burden to overcome. Not only do I have to explain the child’s condition, explain the drug addiction, I also have to overcome this presumption,” says Schipani.
The proposal would also set caps on other forms of child support payments, such as child support payments. B. Rehabilitating and Permanent Alimony. Rehabilitation is used to help the receiving party cover the cost of acquiring skills or education to support themselves financially after the divorce. Under the law, it would be limited to five years. Permanent alimony does not exceed the length of the marriage, but under the proposal, with exceptions, it would not exceed half the length of the marriage. The bill passed its last committee stop and now heads to the House of Representatives for a vote.
Comments are closed.