Legislative Update: Summary of Changes to Florida’s Adoption Laws

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Logo Of Florida House Of RepresentativesMany bills relating to family law were proposed this past legislative session.  Many, if not most, of the bills died, while some, including House Bill 1163, passed both houses and were signed into law by Governor Scott.  House Bill 1163 (now Chapter 2012-81 of the Laws of Florida) made the following changes to Florida’s adoption laws (as summarized by the Florida Senate Committee on Children, Family, and Elder Affairs):

  • Requires that a petition for termination of parental rights contain facts supporting the allegation that the parents of the child is informed of the availability of private placement of the child with an adoption entity;
  • Removes legislative intent that all placements of minors for adoption be reported to the Department of Children and Family Services (DCF or department);
  • Amends certain definitions in ch. 63, F.S.;
  • Exempts adoption proceedings which were initiated under ch. 39, F.S., from the requirement to search the Florida Putative Father Registry if the search was previously completed;
  • Requires the use of an adoption entity for all adoptions of minor children, unless the adoption is by a relative or stepparent;

Update to Changes Proposed to the Florida Alimony Statute

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I previously wrote about a Florida House of Representatives Bill that proposed vast changes to the alimony statute and the “supportive relationship” standard to terminate alimony.

Florida Senate Frs Changes - Family Diplomacy | A Collaborative Law FirmThe Florida Senate has a competing bill, SB-748, which makes slightly fewer changes to the alimony standard and is somewhat less controversial than the House Bill.  The Senate summarizes SB-748 as follows:

  • Revises the factors that a court must consider in awarding alimony to include the net income available to each party after the application of the alimony award.
  • Requires the findings that a court must make in determining to award alimony be in writing.
  • Revises the circumstances under which a court may consider adultery by either spouse in its determination of the amount of alimony. Read more →

Vast Changes Proposed to Florida Alimony Statute

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Permanent Alimony?  A thing of the past.  Standard of living during the marriage?  That factor is so passe.  Payments past retirement?  Not any more.

These are just a few of the vast changes that will be made to section 61.08 of the Florida Statutes (the “Alimony Statute”) if the current version of House Bill 549 is passed and signed into law.  Below you will find the proposed changes to the Alimony Statute (proposed additional language is underlined while proposed deletions are stricken):

61.08 Alimony.—
(1) In a proceeding for dissolution of marriage under s. 61.052(1)(a), the court may grant alimony to either party, which alimony may be bridge-the-gap, rehabilitative, durational, or long-term permanent in nature or any combination of these forms of alimony. In any award of alimony, the court may order periodic payments or payments in lump sum or both, which may not exceed 20 percent of the payor’s monthly net income to include all sources of income averaged over the last 3 years of the marriage. The court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded. In all dissolution actions, the court shall include findings of fact relative to the factors enumerated in subsection (2) supporting an award or denial of alimony.

Text of Changes to the Alimony Statute

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On July 1, 2011, changes to section 61.08, Florida Statutes (the “Alimony Statute”) went into effect.  These changes narrow the circumstances under which permanent, periodic alimony will be awarded.  Below you will find the affected portions of the Alimony Statute, with the new language underlined:

61.08 Alimony.—

(2)        In determining whether to award alimony or maintenance, the court shall first make a specific factual determination as to whether either party has an actual need for alimony or maintenance and whether either party has the ability to pay alimony or maintenance. If the court finds that a party has a need for alimony or maintenance and that the other party has the ability to pay alimony or maintenance, then in determining the proper type and amount of alimony or maintenance under subsections (5)-(8), the court shall consider all relevant factors, including, but not limited to:

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Bills Propose Changes to Alimony Laws

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From TBO.com:

On Friday, the House Civil Justice Subcommittee unanimously approved [Florida Rep. Kelli] Stargel’s bill requiring judges to ensure that those who pay alimony do not wind up with significantly less net income than those who receive it. A companion bill in the Senate has been referred to several committees, but has not yet had a vote.

The bill also would limit permanent alimony – which now ends only upon death or the remarriage of the person receiving it – in favor of alimony for a limited time.

Read more →