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Florida Divorce, Financial Affidavits, and Privacy

November 5, 2013/0 Comments/in Collaborative Divorce, Divorce, Florida Family Law Rules of Procedure, Private Divorce //Tags: alimony, child support, collaborative attorney, collaborative divorce, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practice, dissolution of marriage, financial affidavit, Florida alimony, International Academy of Collaborative Professionals, paternity, post-judgment modification, postmarital agreement, postnuptial agreement, premarital agreement, prenuptial agreement, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Lawby Adam B. Cordover, Attorney-at-Law

In almost any Florida family law matter that involves financial issues, such as child support, alimony, division of property and debt, or attorney’s fees, parties are required to exchange and file Florida Family Law Financial Affidavits. Financial Affidavits outline each party’s source(s) of income, as well as expenses, assets, and liabilities.

And, when they are filed, they become part of the public record, accessible by anyone.

Most people, for any number reasons, do not want their financial profile to become public. And yet, when people go through the traditional litigated divorce, that’s exactly what happens.

But it does not need to be that way.

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Florida Child Support & Alimony: What is an Obligee? What is an Obligor?

October 30, 2013/0 Comments/in Florida Statutes //Tags: alimony, bridge-the-gap alimony, child support, child support guidelines, durational alimony, Florida alimony, Florida alimony laws, long term alimony, lump sum alimony, obligee, obligor, permanent periodic alimony, rehabilitative alimony, temporary alimonyby Adam B. Cordover, Attorney-at-Law

If you are going through a Florida family law case involving alimony or child support, you have probably run into the terms “obligee” and “obligor.” So what do these terms mean?

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Does Florida Recognize Legal Separation?

September 28, 2013/1 Comment/in Collaborative Divorce //Tags: alimony, child support, collaborative attorney, collaborative divorce, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practice, divorce, Florida alimony, florida divorce, legal separation, postmarital agreement, postnuptial agreement, premarital agreement, prenuptial agreement, separate maintenance, separation, spousal support, support unconnected with dissolution of marriage, support unconnected with divorce, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Law, trial separationby Adam B. Cordover, Attorney-at-Law

Many jurisdictions require spouses to be legally separated for a certain period of time (oftentimes about 6-12 months) before they can get a divorce.

Florida does not have such a requirement.

However, there are many couples out there who wish to go through a “trial separation” without taking the leap of divorce. Many want an interim step short of divorce to maintain the possibility that the parties can work things out later and reconcile. Does Florida have any mechanisms to provide protections to spouses and children during a trial separation?

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Modifying Florida Alimony

May 11, 2013/1 Comment/in Florida Statutes, Legislative Update //Tags: alimony, alimony reform, bridge-the-gap alimony, contempt, divorce, durational alimony, enforcement, family law procedure, Florida alimony, Florida alimony laws, Florida Statutes, long term alimony, lump sum alimony, modification of final judgment, permanent periodic alimony, rehabilitative alimony, spousal support, support unconnected with dissolution of marriage, temporary alimonyby Adam B. Cordover, Attorney-at-Law

Now that Senate Bill 718 on alimony reform has been vetoed by Florida Governor Rick Scott, many Tampa Bay residents are wondering whether there is any way to modify or terminate their alimony obligations. The answer, in many cases, may be yes.

Chapter 61 of the Florida Statutes states that most types of alimony may be modified or terminated when there has been a substantial change in circumstances that affects the receiving spouse’s need for alimony or the paying spouse’s ability to pay. Case law tells us that a “substantial change in circumstances” means a change that was unanticipated at the time the alimony was ordered by the Court, and a change that is permanent, involuntary, and material. Examples of substantial changes in circumstance that may justify upward or downward modification include health issues, long-term unemployment, a big raise, or a large inheritance.

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Tampa Bay Collaborative Divorce In A Weekend

May 5, 2013/0 Comments/in Collaborative Divorce //Tags: alimony, child custody, child support, collaborative attorney, collaborative divorce, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practice, divorce, florida divorce, marital settlement agreement, parenting plan, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Law, uncontested divorceby Adam B. Cordover, Attorney-at-Law

I recently came across an article by Sandra Young and Brian Garvey, collaborative divorce lawyers in Illinois, who offer what they refer to as a “Divorce Weekend.” This is a fascinating model of collaborative divorce which offers the option of a quick settlement, and there is no reason why a weekend collaborative divorce cannot take place here in Tampa Bay.

This is how the model works:

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Governor Vetoes 2013 Florida Alimony and Child Custody Reform Bill

May 2, 2013/6 Comments/in Florida Statutes, Legislative Update //Tags: alimony, alimony reform, Florida alimony, Florida alimony lawsby Adam B. Cordover, Attorney-at-Law

In an unexpected turn of events, Florida Governor Rick Scott has vetoed Senate Bill 718, which envisioned broad-ranging changes to Florida alimony and child custody laws. If signed, the bill would have created a presumption in favor of 50/50 child custody, eliminated permanent alimony, and permitted (in certain circumstances) those who had already been ordered to pay alimony to seek a modification based on the new law.

Governor Scott’s veto letter reads, in part:

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Florida Alimony Reform: How Long is a “Long-Term” Marriage?

April 27, 2013/4 Comments/in Florida Statutes, Legislative Update //Tags: alimony, alimony reform, bridge-the-gap alimony, durational alimony, Florida alimony, Florida alimony laws, Florida Statutes, long term alimony, permanent periodic alimony, rehabilitative alimony, spousal supportby Adam B. Cordover, Attorney-at-Law

As Senate Bill 718 – which deals with Florida alimony and child custody reform – looks likely to be signed by Governor Rick Scott, this blog is exploring the various parts of the bill and discussing how they may affect Tampa Bay divorce and family law cases.

One area that this bill changes is the way that marriages are categorized as short-term, moderate-term, and long-term. The reason this matters is because the Florida Statutes prescribes the type, quantity, and duration of alimony that a judge is likely to award depending on the length of the marriage.

See Related: Child Custody Reform * Supportive Relationships

Right now (before the changes of Senate Bill 718), the law defines the length of marriage and the presumed appropriate types of alimony (after a judge has determined that one spouse has a need for alimony and the other spouse has the ability to pay) as follows:

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Florida Alimony Reform: Supportive Relationships

April 24, 2013/1 Comment/in Florida Statutes, Legislative Update //Tags: alimony, alimony reform, child custody, collaborative family law, Collaborative Law, collaborative practice, durational alimony, Florida alimony, Florida alimony laws, long term alimony, permanent periodic alimony, rehabilitative alimony, supportive relationshipby Adam B. Cordover, Attorney-at-Law

As Senate Bill 718 dealing with alimony reform and child custody reform has passed both houses of the Florida Legislature and seems likely to be signed by Governor Rick Scott, this blog will attempt to explain how various aspects of the bill may impact Florida and Tampa Bay family law cases.

If signed, most changes (including changes to Florida’s supportive relationship laws) will go into effect July 1, 2013.

Currently, Florida law permits a person who has been ordered to pay alimony (called an “obligor”) to seek a modification or termination of his or her alimony order if he or she can prove that the spouse receiving alimony (called the “obligee”) is in a supportive relationship. As the law stands now, even if the obligor can prove that the obligee is in a supportive relationship, a judge has the option, but is not required, to modify an alimony order.

The language of Senate Bill 718 changes the supportive relationship statute as follows (new language is underlined while deleted language is ~~stricken~~):

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Florida Child Custody Reform 2013

April 21, 2013/2 Comments/in Florida Statutes, Legislative Update //Tags: alimony, alimony reform, bridge-the-gap alimony, child custody, child custody case, child custody determination, co-parenting, collaborative divorce, collaborative family law, durational alimony, Florida alimony, Florida alimony laws, Florida child custody, Florida Legislature, long term alimony, lump sum alimony, parental responsibility, parenting plan, permanent periodic alimony, rehabilitative alimony, shared parental responsibility, sole parental responsibility, spousal support, supervised time-sharing, temporary alimony, time-sharingby Adam B. Cordover, Attorney-at-Law

There has been a lot of press lately about efforts to reform Florida’s alimony laws. As discussed on this blog, Senate Bill 718 (which primarily deals with alimony reform) passed the Florida House by a wide margin (85 Yeas versus 31 Nays) and, since it had also passed the Florida Senate, will be going to Governor Rick Scott for his signature.

Update: Governor Scott Vetoes Senate Bill 718

One area that may be even more significant, but has not received as much coverage, is language in Senate Bill 718 that reforms Florida’s child custody laws. Currently, there is no presumption in favor of or against any child custody schedule, including a 50/50 split custody (known as equal time-sharing). Senate Bill 718, however, adds language to section 61.13 of the Florida Statutes that seems to make a strong presumption in favor of equal time-sharing.

The text of the child custody provisions of Senate Bill 718 is reproduced below (deleted language is ~~stricken~~ while new language is underlined):

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Update: Florida House Debates Alimony Reform Bill

April 18, 2013/3 Comments/in Florida Statutes, Legislative Update //Tags: alimony, bridge-the-gap alimony, durational alimony, Florida alimony, Florida alimony laws, long term alimony, lump sum alimony, permanent periodic alimony, rehabilitative alimony, temporary alimonyby Adam B. Cordover, Attorney-at-Law

Right now, the Florida House is debating the alimony reform bill (SB-718). You can watch the current session at the following link:

http://www.myfloridahouse.gov/VideoPlayer.aspx?eventID=2443575804_2013041204.

Update: SB-718 has overwhelmingly passed the Florida House.

Update: Governor Scott Vetoes Senate Bill 718

Read a previous post on alimony reform for more information.

Tag Archive for: alimony

Florida Divorce, Financial Affidavits, and Privacy

Florida Child Support & Alimony: What is an Obligee? What is an Obligor?

Does Florida Recognize Legal Separation?

Modifying Florida Alimony

Tampa Bay Collaborative Divorce In A Weekend

Governor Vetoes 2013 Florida Alimony and Child Custody Reform Bill

Florida Alimony Reform: How Long is a “Long-Term” Marriage?

Florida Alimony Reform: Supportive Relationships

Update: Florida House Debates Alimony Reform Bill

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