Family law attorneys in southwest Florida said laws rewriting Florida’s divorce laws awaiting Governor Rick Scott’s attention could have a major positive and negative impact on child alimony, child support, and timeshare.
The proposal, the second time lawmaker has basically sent Scott a maintenance revision, includes a formula judges can use in deciding on alimony, and does not include a retrospective provision that the governor was partially responsible for his 2013 veto made.
The bill replaces permanent maintenance with new formulas based on the length of the marriage and the income of the spouses. These formulas help determine the amount and duration of payments.
It also advises judges to introduce equal sharing of children’s time between parents. However, supporters said judges were allowed to deviate from time-share and alimony formulas depending on the circumstances.
“This is a good thing. There is no structure for alimony,” said attorney Augustin “Gus” Simmons of the Simmons law firm in Fort Myers of the revision legislation.
“It gives lawyers the ability to predict their clients’ reach,” he said. The current law that defines alimony payments says nothing about amounts, Simmons said, which has resulted in lawyers hiring forensic accountants to find out what the individuals involved in their cases are making.
He said the abolition of permanent livelihoods was not surprising as changes had begun in society. “The permanent upkeep has been on the line for some time,” he said. “Marriages don’t last that long, people get married later in life.”
In addition, there are now same-sex marriages and cases in which the husband can stay at home and the wife is the main breadwinner.
“The legislature is not perfect. But I think the agenda is well meant, ”he said.
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Attorney Devin Mace of the Fried and Fried Law Firm in Fort Myers had some reservations about the changes to part-time use, formerly known as custody, and the maintenance policy.
“It’s not a guarantee of 50-50,” Mace said, adding that judges can start at 50-50 when it comes to timeshare, but that they don’t have to stay there.
“I don’t think it’s going to be the change people think of,” he said.
Opponents of the proposal said the bill was biased in favor of maintenance payers and unfair to stay-at-home mothers. They cited provisions that allow a court to change the maintenance if the income of the recipient increases only slightly or the payer reaches retirement age.
Child custody provisions could subordinate the best interests of the child to the law’s emphasis on equal part-time use. This could cause problems in cases with abusive or negligent parents, they claimed.
However, Mace said there are protective measures that will help in some situations. “The [state] The Treasury Department can make changes (for child support) for either party, ”he said.
Mace said the language about different types of alimony was changed in favor of a formula-based method that could make it easier to identify alimony. “That doesn’t mean it’s getting better,” he said. The ongoing maintenance calculations are based on the actual needs and the actually proven expenses with evidence.
Potential problems, he said, are unlikely to emerge until someone benefits from them.
As an example, he cited rehab alimony, which enables spouses in need of training to return to work in order to receive alimony to help them retrain or acquire a new skill.
If the rehab does not work, the dependent can have it changed permanently.
According to the new proposal, the duration of the maintenance can no longer be changed.
Another area that could spark some activity before the proposal ever became law has to do with the fact that as of October 1, legislation allows pending maintenance changes to apply the new law.
“In my opinion, this motion for pending litigation will have the most dramatic impact on courts, attorneys and clients at least until October 1st,” said Simmons. “This is for the following reason: If you benefit from the changes, you and your attorney will do everything in your power to postpone the case beyond October 1, 2016.” Alternatively, if the changes put your case at risk, then you and your attorney will do everything in their power to bring the case to court before October 1, 2016. “
He said the outstanding aspect will make things interesting. “It will take some strategy,” said Simmons.
A spokesman for the Lee County Courts said that 20th district judges were kept informed and informed about the law and changes to the law, but were unable to comment on court rulings or the court decision-making process.
“However, citizens of the 20th district can rest assured that all judgments take into account reasonable facts and comply with all laws, even as laws may change,” said Sara Miles, public information officer for the 20th district.
This is the fifth year that the issue has been raised in legislation, so far unsuccessfully.
Florida News Service and The Associated Press contributed to this report. Connect with this reporter: MichaelBraunNP (Facebook) @MichaelBraunNP (Twitter)
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