TALLAHASSEE, Fla. (CAPITOL NEWS SERVICE) — Efforts to reform Florida child support laws are progressing rapidly at the state Capitol. The law abolishes permanent maintenance and introduces a formula based on the length of a marriage, but it also includes a clause that has stymied past reform efforts.
Permanent alimony payments would end under the legislation. It would be replaced by a formula based on the length of a marriage.
And for the first time, the change has the support of the Florida Bar’s family law department. Philip Wartenberg is the elected Chair of Family Law.
“It’s something the section has historically opposed, but we believe the time has come to move away from this concept of permanent alimony,” Wartenberg told the committee.
The most controversial provision states that custody issues begin with the assumption that the parents will divide time evenly.
“What would happen is you’re going to have a big hurdle, that guess, before you even get to the 20 factors,” Wartenberg said.
Before the bill was approved by the House Civil Justice Sub-Committee, sponsor Jenna Persons-Mulicka (R-Ft. Myers) said there was a goal:
“To ensure that this leads to a better system that offers predictability. That gives security and fairness.”
Anna Eskamani voted no.
“If you have a fifty-fifty assumption, that can tie a judge’s hands,” Eskamani said.
The sponsor twice refused to talk to us about the legislation.
What we would have asked is why the sponsor included the assumption that parents would share children equally. This has killed the bill in the past.
And Florida NOW’s Barbara Devane warned that the threat of child sharing is often used as a bargaining chip.
“To get them to agree to something that isn’t in their financial and economic interests or those of the child,” Devane said.
The legislation also creates an opportunity for the alimony payer to reduce the amount or stop it altogether when someone reaches retirement age.
Under current Florida law, a judge evaluates 17 to 20 factors in deciding custody of a child. It would remain, but the fear is that it will take a backseat to the 50/50 split rule.
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