For most types of family law actions, a party needs to pay a fee to the clerk of the court when he or she files a petition. Current filing fees for the Thirteenth Judicial Circuit (Hillsborough County) for common family law matters are as follows:
If you are in a family law matter involving a servicemember, you will encounter some unique issues to which you must pay special attention.
Generally, one party to a divorce must have been a resident of Florida for at least six months prior to filing. However, there is an exception for servicemembers. A servicemember (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.
Many of the military issues in a divorce stem from the Servicemembers Civil Relief Act (the “SCRA”). The SCRA was signed into law in 2003 and updated and replaced the Soldiers and Sailors’ Civil Relief Act of 1940. Most provisions of the SCRA apply to the following people on active duty: (i) members of the Army, Navy, Air Force, Marine Corps, and Coast Guards; (ii) members of the National Guard; and (iii) commissioned officers of the Public Health Service and National Oceanic and Atmospheric Administration.
It’s human nature to want to avoid unpleasant experiences. That’s why there are so many cavities and income tax extension requests. However, one thing that people should not avoid is paying court-ordered child support.
Not everyone follows this advice. According to the Trumball Patch, one man faces two years in prison and a $250,000.00 fine, on top of the $175,000.00 he owes in back child support. Apparently, his aversion to paying child support persisted since 1993.
If you have been ordered to pay child support, and there has been a substantial change in circumstances that has affected your ability to pay, in Florida you may have the option of seeking a modification of your child support order.
Barbara Atwood of the University of Arizona discusses how family law has changed in this video from Divorce TV:
The Twelfth Judicial Circuit of Florida (DeSoto, Manatee, and Sarasota Counties) provides the following FAQs for family mediation:
What is Family Mediation?
Family Mediation is an informal meeting where the parties work out mutually agreeable settlements in Family Court cases. Parties have the opportunity to explore options and negotiate voluntary agreements that may be submitted to the Court for approval.
Who participates?
Family Mediation provides an opportunity for parties involved in family litigation to engage in a facilitated discussion about the specific issues in their case. Counsel for each party may attend the conference. Other third parties may only participate if both sides agree.
What issues can be discussed?
The following video from eHow describes how spouses may reduce the costs of their divorce:
Parties should utilize alternative dispute resolution techniques such as mediation to help them reach agreements and reduce time and expense.
A parent may be receiving government benefits not only for him or herself, but also independent benefits designated for his or her child. Are the benefits received on behalf of the child considered income for purposes of calculating child support?
The Second District Court of Appeals answers affirmatively in Wallace v. Dept. of Revenue ex rel Cutter, 774 So. 2d 804, 808 (Fla. 2d DCA 2000):
The following video from Fox 25 out of Boston warns family law litigants of the dangers of posting information on social networking sites such as Facebook:
The following article was written by Mike McCurley for the American Academy of Matrimonial Lawyers:
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Divorce is never easy on kids, but there are many ways parents can lessen the impact of their break-up on their children:
If a parent is activated, deployed, or temporarily assigned to military service, courts have the option of entering a temporary order that modifies a custody order. That temporary order may provide the non-military parent with more time-sharing. Due to recent changes to section 61.13002, Florida Statutes, the Court also has the option of designating a family member of the child to exercise time-sharing on behalf of the military parent. Any temporary modification of the time-sharing will be dissolved once the military parent returns from the service, deployment, or temporary assignment.
Additionally, the temporary order may address child support by taking the following actions:
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