It is a new year, and oftentimes that means many changes. You may have changed jobs or been laid off from work. You may have been transferred to a different office, or you may have received a promotion.
Any of these occurrences, or other substantial changes in circumstances, may be the basis for a modification of your Florida child support obligation.
Florida Statutes Section 61.021 imposes a residency requirement for divorce cases: One of the parties must have lived in Florida for at least 6 months prior to the filing of the petition for dissolution of marriage. This generally means that a spouse will have to be physically present in Florida fort six months and have the intent to remain a permanent resident of Florida.
However, Florida does provide exceptions for members of the military.
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.
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?
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?
Just as more divorcing spouses in Tampa are seeking an alternative to the usual courtroom battles, the use of the collaborative family law process is growing around the country. Collaborative Practice California has produced a video which follows an actual couple going through a collaborative divorce.
I previously posted Part 1 of the video. After the jump, Part 2 of the video shows how the couple handles difficult emotional and financial issues in the collaborative process:
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:
The Florida Supreme Court provides the following commentary on Mandatory Disclosure in Florida family law cases:
Rule 12.285, Florida Family Law Rules of Procedure, requires each party in a dissolution of marriage to exchange certain information and documents, and file a Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c). Failure to make this required disclosure within the time required by the Florida Family Law Rules of Procedure may allow the court to dismiss the case or to refuse to consider the pleadings of the party failing to comply. This requirement also must be met in other family law cases, except adoptions, simplified dissolutions of marriage, enforcement proceedings, contempt proceedings, and proceedings for injunctions for domestic or repeat violence. The Certificate of Compliance with Mandatory Disclosure, Florida Family Law Rules of Procedure Form 12.932, lists the documents that must be given to the other party. For more information see rule 12.285, Florida Family Law Rules of Procedure, and the instructions to the Certificate of Compliance with Mandatory Disclosure, Florida Family Law Rules of Procedure Form 12.932.
In an effort to make the process for divorce clearer to litigants in Hillsborough County, the Thirteenth Judicial Circuit has published the following Requirements for Dissolution of Marriage:
1. PROOF OF RESIDENCY. 6 months prior to filing Petition. May be proved by drivers license, voter I.D., Affidavit of Corroborating Witness; or testimony of witness. Section 61.052(2), Fla. Stat.
2. U.C.C.J.E.A. If any minor child or children born as a result of the marriage. Section 61.501 -61.542, Fla. Stat. (2002)
3. FINANCIAL AFFIDAVITS for each spouse, Rule 12.285(d)(1), Family Law Rules. (This requirement may not be waived if there are financial issues.) Under $50K/Yr. – Over $50K/Yr.
4. COMPLETED CHILD SUPPORT GUIDELINES WORKSHEET, if there are minor children. Family Law Rules Form 12.902(e).
Section 61.09 of the Florida Statutes allows a spouse to request alimony (also referred to as “separate maintenance” or “spousal support”) and/or child support without asking for divorce.
There are various reasons why a spouse may file a case for support without asking for a divorce:
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