Section 61.502, Florida Statutes

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Purposes of part; construction of provisions.—The general purposes of this part are to:

(1)Avoid jurisdictional competition and conflict with courts of other states in matters of child custody which have in the past resulted in the shifting of children from state to state with harmful effects on their well-being.

(2)Promote cooperation with the courts of other states to the end that a custody decree is rendered in the state that can best decide the case in the interest of the child.

(3)Discourage the use of the interstate system for continuing controversies over child custody.

(4)Deter abductions.

(5)Avoid relitigating the custody decisions of other states in this state.

(6)Facilitate the enforcement of custody decrees of other states.

(7)Promote and expand the exchange of information and other forms of mutual assistance between the courts of this state and those of other states concerned with the same child.

(8)Make uniform the law with respect to the subject of this part among the states enacting it.

History.—s. 5, ch. 2002-65.

Section 61.501, Florida Statutes

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Short title.—This part may be cited as the “Uniform Child Custody Jurisdiction and Enforcement Act.”

History.—s. 5, ch. 2002-65.

Downward Modification of Alimony: What is a “Supportive Relationship?”

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Section 61.14, Florida Statutes, contains a provision that allows a court to modify or terminate an order for alimony if the obligee (the person receiving alimony) is in a “supportive relationship.” So what is a supportive relationship?

Downward Modification Of Alimony

What is a "supportive relationship?"

Fortunately, the statute provides guidelines to identify such a relationship.  Considerations include the following:

  • Whether and the extent to which the obligee and other person have acted as husband and wife, such as by referring to one another as spouses;
  • Whether the obligee and other person have used the same last name;

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Do I Need to Purchase Life Insurance to Secure My Child Support Obligation?

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Under section 61.13(1)(c), Florida Statutes, a judge may require a party to purchase life insurance to cover his or her child support obligation in the event of a tragedy.  However, an order to purchase life insurance is discretionary and will depend on the specific facts in your case.

To help you determine whether you will likely be required to purchase life insurance to secure your obligation, you should consult with a family law attorney.

Anger in Harmony: Do Not Interrupt A Judge

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As I wrote in a previous post, it is important that parties in a family law matter (or any matter) act in a civil manner while in a courtroom.  Please do not follow the example of the wife in this Divorce Court clip:

http://www.youtube.com/watch?v=QpBD97Cq_tk

You should never interrupt an opposing party–and you should especially not interrupt a presiding judge–even if that interruption comes in the form of song.

Enforcement: Support Awards From Different Florida Counties

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If a circuit court in Miami-Dade county ordered a parent to pay child support, that order may be enforced in Pinellas, Hillsborough, Polk, Hernando, Manatee, or any other county in Florida (so long as one party lives in that county). Along the same lines, alimony awards entered in one Florida county may be enforced in another Florida county.

Section 61.17, Florida Statutes, provides the basis for such enforcement.

Divorce: Is there a Residency Requirement?

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Unless one or both parties resided in Florida for at least six months prior to the filing of a petition for dissolution of marriage, a Florida judge will not grant the divorce.  This residency requirement is governed by section 61.021, Florida Statutes.

However, there is an exception to the residency requirement for members of the United States Armed Forces.  A member of the military (or his or her spouse) who is not currently in Florida may petition for divorce in Florida if he or she (i) was a Florida resident prior to entering the military and (ii) never established a permanent residence elsewhere.  Even if the military member had not lived in Florida prior to entering the service, he or she may still be able to file for divorce in Florida if he or she is deployed but has an intent to remain a permanent Florida resident.  Such intent may be evidenced by the following: (i) Florida voter registration; (ii) ownership of a Florida home; or (iii) registration of a vehicle in Florida.

 

Am I Required to Disclose My Finances in My Family Law Case?

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Rule 12.285, Florida Family Law Rules of Procedure, requires each party to a family law matter to disclose certain financial information to the other party.  Disclosure is strictly enforced in cases with money at issue, including child support, alimony, and equitable distribution or property division. Parties are required to follow Rule 12.285’s disclosure requirements in two ways: (i) providing a financial affidavit; and (ii) exchanging certain documents (also known as mandatory disclosure).

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Mandatory Disclosure (Rule 12.285, Florida Family Law Rules of Procedure)

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MANDATORY DISCLOSURE

(a) Application.

(1) Scope. This rule shall apply to all proceedings within the scope of these rules except proceedings involving adoption, simplified dissolution, enforcement, contempt, injunctions for domestic, repeat, dating, or sexual violence, and uncontested dissolutions when the respondent is served by publication and does not file an answer. Additionally, no financial affidavit or other documents shall be required under this rule from a party seeking attorneys’ fees, suit money, or costs, if the basis for the request is solely under section 57.105, Florida Statutes, or any successor statute. Except for the provisions as to financial affidavits and child support guidelines worksheets, any portion of this rule may be modified by order of the court or agreement of the parties.

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How Does Divorce Affect A Child’s Future Relationships?

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I just came across an article that discusses a study from Florida State University researchers about how divorce affects a child’s future relationships.  The researchers conclude that children of divorced parents are more likely to become divorced themselves for a myriad of reasons, including the fact that children learn relationship skills from their parents.  The article states the following:

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