Invoice, to alter Florida’s livelihood system, goes to the home flooring

The legislature is again considering a proposal to change the handling of child support and child participation in divorce cases. Of the many changes included in the measure, permanent maintenance would be eliminated if both parties did not agree. Deborah Shultz is a 68-year-old medical doctor who says she is a permanent keeper to her ex-husband.

“I was married for 17 years to a man who stopped working the moment we were married. I supported about seven different companies that he dumped. He was abusing drugs and alcohol. And he abused me and our two children. ” Says Shultz.

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 to make maintenance payments every 30 days,” says Shultz.

House Bill 1559 also allows payments to be terminated if the person providing the maintenance reaches the full retirement age set by the US Social Security Agency – with exceptions. According to current case law, someone who pays alimony can request that their alimony be adjusted or terminated when the normal retirement age for their job or occupation has been reached.

Another change concerns parental leave with children. The proposed bill would suggest that a 50/50 split of the children is in the best interests of the child – meaning that both parents would have the same amount of time with their child. Currently, current law requires the court to assess various 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 really looked after the child – under your bill, that would create a presumption that 50/50 is in the best interests of the child. ”

“Absolutely not,” replied Miami Republican representative Anthony Rodriguez (R-Miami). “I mean, you are entering the courtroom and there is a presumption of a 50/50 time division, but in this scenario, especially in the scenario representative, it is evident that the judge would not grant a 50/50 time division to a drug addict Parent. ”

According to Rodriguez, lawyers arm children and divide the time to provide more support for their clients.

“There is a clear link between alimony and time sharing, and we believe that the focus of divorce should be on the children as they enter the courtroom. And there should be an equal timing, and if for some reason it doesn’t, the judge can decide, “says Rodriguez.

Rodriguez says his bill allows the presumption of a 50/50 time division to be refuted by a judge. Philip Schipani is a family law attorney representing clients with children with special needs. He says judges don’t always have a thorough understanding of a family’s situation. He fears that the presumption created under Rodriguez’s bill will put additional strain on his customers.

“And right now I have a pending case – a child with special needs – that guess if they put a 50/50 – the father hasn’t seen the child in four years. Not only [does] the child [have] The husband is a drug addict who hasn’t seen the child in years. Then you open that guesswork, and then I have to overcome an additional burden. Not only do I have to explain the child’s condition, explain the drug addiction, but I also have to overcome this suspicion, “says Schipani.

The proposal would also limit other forms of maintenance, such as rehabilitative and permanent. Rehabilitation is used to help the receiving party cover the cost of acquiring skills or education to support themselves financially after the divorce. According to the law, it would be limited to five years. Permanent maintenance does not exceed the duration of the marriage, but under the proposal, with exceptions, it would not exceed half the duration of the marriage. The bill passed its last committee freeze and is now being brought to the floor of the House for a vote.

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