Alimony Reform Bill Scheduled for House Floor Vote on 04/18/13

Updated: 04/18/13 at 12:00 AM

Alimony Reform Bill was heard on the House Floor on Wednesday. The House has has adopted the Senate version, SB 718. It is now scheduled for its third reading and possible House Floor Vote. It has been placed on the Session Special Calendar. The date and time below is subject to be changed by The House. We will post any changes here to the date and time as they become available to us.

When: Thursday 04/18/13

Time: starting at 10:30 AM

Click here to watch the House Session

 

The 2013 Florida Alimony Reform Bill in the Florida House – (also known as the Dissolution of Marriage Bill) will have its third reading on Thursday 04/18/13 and it is expected to be voted on by the House Floor at that time.  We will keep updating the public and our elected officials and their staff on each bill’s progress. Keep coming back to our website for updates.

 

Representative Ritch Workman – Sponsor of the Alimony Reform Bill in the Florida House

Representative Ritch Workman (R-Melbourne) has once again taken the challenge of sponsoring the Alimony Reform bill that is expected to enjoy broad support in the Florida House in 2013. ritch-workman-alimony-reform-bill-sponsor
Representative Workman was first elected to the Florida House in 2008. He is the Chairman of the House Finance and Tax Subcommittee and serves as a member of several other committees as well.
Representative Workman has brought the bill back to the Capital for action in 2013 to finish the work he started last year when HB549 overwhelmingly passed by a nearly 3 to 1 margin.
Click here to visit Rep. Ritch Workman’s Florida House of Representatives website page.
Click here to visit Representative Ritch Workman’s Facebook profile.

 

Senator Kelli Stargel – Sponsor of the Alimony Reform Bill in the Florida Senate

Newly elected State Senator Kelli Stargel (R-Lakeland) will be the Sponsor of the 2013 Alimony Reform Bill in the Florida Senate.  kelli-stargel-alimony-reform-bill-sponsor

No stranger to the State Capital, Senator Stargel served the people of District 64 as a Florida State Representative from 2008-2012.

We anticipate that Senator Stargel will see significant interest from her fellow senators on both sides of the aisle in serving as co-sponsors of this important piece of legislation.

The current alimony laws in Florida allow an alimony recipient to go after a new spouse’s income should the alimony payer ever choose to remarry. It’s called an “alimony modification”, and it can be granted since there’s now more family income. This effectively results in preventing people from remarrying a new spouse due to the very real threat of the alimony payer being dragged back into court by their former spouse years after the divorce was supposedly settled.

Florida Alimony Reform believes that alimony should work like child support – a fixed amount for a fixed duration. No one fights about child support. Alimony should not be any different. The bill that Senator Stargel is sponsoring will help to end outrageous legal fees and promote fairness for all of Florida’s families.

Once the Senate Bill is filed, we will announce it on our website.

CLICK HERE to view the latest info on SB 718

Click here to be directed to Senator Kelli Stargel’s Florida Senate website page.

Click here to be directed to Senator Kelli Stargel’s Facebook profile.

SB 718 Scheduled for Third Reading and Floor Vote

Alimony Reform Bill, SB 718, is scheduled for its third reading and Senate Floor Vote

When:  Thursday 04/04/13

Time: 2:00 PM – 5:30 PM


CLICK HERE to view the latest info on SB 718

CLICK HERE to view the Hearing LIVE on Thursday at 2 PM

The 2013 Florida Alimony Reform Bill in the Florida Senate – SB 718 - Dissolution of Marriage will have its third reading on Thursday 04/04/13 and will be voted on by the Senate Floor.  We will keep updating the public and our elected officials and their staff on each bill’s progress. Keep coming back to our website for updates.

 

Senator Kelli Stargel – Sponsor of Alimony Reform Bill in the Florida Senate

Newly elected State Senator Kelli Stargel (R-Lakeland) is  the Sponsor of the 2013 Alimony Reform Bill in the Florida Senate.
kelli-stargel-alimony-reform-bill-sponsor

No stranger to the State Capital, Senator Stargel served the people of District 64 as a Florida State Representative from 2008-2012. We anticipate that Senator Stargel will see significant interest from her fellow senators on both sides of the aisle in serving as co-sponsors of this important piece of legislation.

The current alimony laws in Florida allow an alimony recipient to go after a new spouse’s income should the alimony payer ever choose to remarry. It’s called an “alimony modification”, and it can be granted since there’s now more family income. This effectively results in preventing people from remarrying a new spouse due to the very real threat of the alimony payer being dragged back into court by their former spouse years after the divorce was supposedly settled.

Florida Alimony Reform believes that alimony should work like child support – a fixed amount for a fixed duration. No one fights about child support. Alimony should not be any different. The bill that Senator Stargel is sponsoring will help to end outrageous legal fees and promote fairness for all of Florida’s families.
Once the Senate Bill is filed, we will announce it on our website.

Click here to be directed to Senator Kelli Stargel’s Florida Senate website page.

Click here to be directed to Senator Kelli Stargel’s Facebook profile.

 

Representative Ritch Workman – Sponsor of Alimony Reform Bill in the Florida House

Representative Ritch Workman (R-Melbourne) has once again taken the challenge of sponsoring the Alimony Reform bill that is expected to enjoy broad support in the Florida House in 2013.ritch-workman-alimony-reform-bill-sponsor

CLICK HERE to view the latest info on HB 231

Representative Workman was first elected to the Florida House in 2008. He is the Chairman of the House Finance and Tax Subcommittee and serves as a member of several other committees as well. Representative Workman has brought the bill back to the Capital for action in 2013 to finish the work he started last year when HB549 overwhelmingly passed by a nearly 3 to 1 margin.

Click here to visit Rep. Ritch Workman’s Florida House of Representatives website page.

Click here to visit Representative Ritch Workman’s Facebook profile.

The Truth About Florida Alimony Law Today

The Truth About Florida Alimony Law

Florida Alimony Reform is working hard to change the antiquated alimony laws in Florida. The current laws are in desperate need of reform.  Senate Bill SB 718 and House Bill 231 are flying through the committees and we expect them to go to the House Floor and Senate Floor for voting.  The Family Law Section of the Florida Bar is opposed to these Bill because they create REAL alimony reform. The FLS is making misrepresentations about the current law and about the proposed alimony reform law in an attempt to mislead the public and the legislators. However, the FLS does not represent the true opinion of many  Florida Family Law attorneys who have repeatedly stated that alimony reform is needed.  Look at what some Family Law attorneys are saying by going to our Attorney Quotes  page.

 

The following is Florida’s current alimony law.
This includes the revisions to the law made during the 2009-2010 and 2010-2011 legislative sessions. Despite those revisions, Permanent Alimony remains the norm in Florida.

F.S. 61.08 – Alimony

  1. In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be bridge-the-gap, rehabilitative, durational, or 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. 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.
  1. 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:

    (a) The standard of living established during the marriage.
    (b) The duration of the marriage.
    (c) The age and the physical and emotional condition of each party.
    (d) The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each.
    (e) The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.
    (f) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.
    (g) The responsibilities each party will have with regard to any minor children they have in common.
    (h) The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment.
    (i) All sources of income available to either party, including income available to either party through investments of any asset held by that party.
    (j) Any other factor necessary to do equity and justice between the parties.

  2. To the extent necessary to protect an award of alimony, the court may order any party who is ordered to pay alimony to purchase or maintain a life insurance policy or a bond, or to otherwise secure such alimony award with any other assets which may be suitable for that purpose.
  1. For purposes of determining alimony, there is a rebuttable presumption that a short-term marriage is a marriage having a duration of less than 7 years, a moderate-term marriage is a marriage having a duration of greater than 7 years but less than 17 years, and long-term marriage is a marriage having a duration of 17 years or greater. The length of a marriage is the period of time from the date of marriage until the date of filing of an action for dissolution of marriage.
  1. Bridge-the-gap alimony may be awarded to assist a party by providing support to allow the party to make a transition from being married to being single. Bridge-the-gap alimony is designed to assist a party with legitimate identifiable short-term needs, and the length of an award may not exceed 2 years. An award of bridge-the-gap alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. An award of bridge-the-gap alimony shall not be modifiable in amount or duration.
  1. (a) Rehabilitative alimony may be awarded to assist a party in establishing the capacity for self-support through either:

    1. The redevelopment of previous skills or credentials; or
    2. The acquisition of education, training, or work experience necessary to develop appropriate employment skills or credentials.

    (b) In order to award rehabilitative alimony, there must be a specific and defined rehabilitative plan which shall be included as a part of any order awarding rehabilitative alimony.
    (c) An award of rehabilitative alimony may be modified or terminated in accordance with s. 61.14 based upon a substantial change in circumstances, upon noncompliance with the rehabilitative plan, or upon completion of the rehabilitative plan.

  1. Durational alimony may be awarded when permanent periodic alimony is inappropriate. The purpose of durational alimony is to provide a party with economic assistance for a set period of time following a marriage of short or moderate duration. An award of durational alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. The amount of an award of durational alimony may be modified or terminated based upon a substantial change in circumstances in accordance with s. 61.14. However, the length of an award of durational alimony may not be modified except under exceptional circumstances and may not exceed the length of the marriage.
  1. Permanent alimony may be awarded to provide for the needs and necessities of life as they were established during the marriage of the parties for a party who lacks the financial ability to meet his or her needs and necessities of life following a dissolution of marriage. Permanent alimony may be awarded following a marriage of long duration, following a marriage of moderate duration if such an award is appropriate upon consideration of the factors set forth in subsection (2), or following a marriage of short duration if there are exceptional circumstances. An award of permanent alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. An award may be modified or terminated based upon a substantial change in circumstances or upon the existence of a supportive relationship in accordance with s. 61.14.
  1. The award of alimony may not leave the payor with significantly less net income than the net income of the recipient unless there are written findings of exceptional circumstances.
  1. (a) With respect to any order requiring the payment of alimony entered on or after January 1, 1985, unless the provisions of paragraph (c) or paragraph (d) apply, the court shall direct in the order that the payments of alimony be made through the appropriate depository as provided in s. 61.181.(b) With respect to any order requiring the payment of alimony entered before January 1, 1985, upon the subsequent appearance, on or after that date, of one or both parties before the court having jurisdiction for the purpose of modifying or enforcing the order or in any other proceeding related to the order, or upon the application of either party, unless the provisions of paragraph (c) or paragraph (d) apply, the court shall modify the terms of the order as necessary to direct that payments of alimony be made through the appropriate depository as provided in s. 61.181.(c) If there is no minor child, alimony payments need not be directed through the depository.(d)

    1. If there is a minor child of the parties and both parties so request, the court may order that alimony payments need not be directed through the depository. In this case, the order of support shall provide, or be deemed to provide, that either party may subsequently apply to the depository to require that payments be made through the depository. The court shall provide a copy of the order to the depository.
    2. If the provisions of subparagraph 1. apply, either party may subsequently file with the depository an affidavit alleging default or arrearages in payment and stating that the party wishes to initiate participation in the depository program. The party shall provide copies of the affidavit to the court and the other party or parties. Fifteen days after receipt of the affidavit, the depository shall notify all parties that future payments shall be directed to the depository.
    3. In IV-D cases, the IV-D agency shall have the same rights as the obligee in requesting that payments be made through the depository.

History.—ss. 7, 12, Oct. 31, 1828; RS 1484; GS 1932; RGS 3195; CGL 4987; s. 1, ch. 23894, 1947; s. 1, ch. 63-145; s. 16, ch. 67-254; s. 10, ch. 71-241; s. 1, ch. 78-339; s. 1, ch. 84-110; s. 115, ch. 86-220; s. 2. ch. 88-98; s. 3, ch. 91-246; s. 1, ch. 2010-199; s. 79, ch. 2011-92.

1Note.—Section 80, ch. 2011-92, provides that “[e]ffective July 1, 2011, the amendments to s. 61.08, Florida Statutes, made by this act apply to all initial awards of alimony entered after July 1, 2011, and to all modifications of alimony of such awards made after July 1, 2011. Such amendments may not serve as a basis to modify awards entered before July 1, 2011, or as a basis to change amounts or duration of awards existing before July 1, 2011. The amendments to s. 61.08, Florida Statutes, made by this act are applicable to all cases pending on or filed after July 1, 2011.” Note.—Former s. 65.08.


61.14 – Enforcement and modification of support, maintenance, or alimony agreements or orders

  1. (a) When the parties enter into an agreement for payments for, or instead of, support, maintenance, or alimony, whether in connection with a proceeding for dissolution or separate maintenance or with any voluntary property settlement, or when a party is required by court order to make any payments, and the circumstances or the financial ability of either party changes or the child who is a beneficiary of an agreement or court order as described herein reaches majority after the execution of the agreement or the rendition of the order, either party may apply to the circuit court of the circuit in which the parties, or either of them, resided at the date of the execution of the agreement or reside at the date of the application, or in which the agreement was executed or in which the order was rendered, for an order decreasing or increasing the amount of support, maintenance, or alimony, and the court has jurisdiction to make orders as equity requires, with due regard to the changed circumstances or the financial ability of the parties or the child, decreasing, increasing, or confirming the amount of separate support, maintenance, or alimony provided for in the agreement or order. A finding that medical insurance is reasonably available or the child support guidelines schedule in s. 61.30 may constitute changed circumstances. Except as otherwise provided in s. 61.30(11)(c), the court may modify an order of support, maintenance, or alimony by increasing or decreasing the support, maintenance, or alimony retroactively to the date of the filing of the action or supplemental action for modification as equity requires, giving due regard to the changed circumstances or the financial ability of the parties or the child.(b)

    1. The court may reduce or terminate an award of alimony upon specific written findings by the court that since the granting of a divorce and the award of alimony a supportive relationship has existed between the obligee and a person with whom the obligee resides. On the issue of whether alimony should be reduced or terminated under this paragraph, the burden is on the obligor to prove by a preponderance of the evidence that a supportive relationship exists.

    2. In determining whether an existing award of alimony should be reduced or terminated because of an alleged supportive relationship between an obligee and a person who is not related by consanguinity or affinity and with whom the obligee resides, the court shall elicit the nature and extent of the relationship in question. The court shall give consideration, without limitation, to circumstances, including, but not limited to, the following, in determining the relationship of an obligee to another person:

    a. The extent to which the obligee and the other person have held themselves out as a married couple by engaging in conduct such as using the same last name, using a common mailing address, referring to each other in terms such as “my husband” or “my wife,” or otherwise conducting themselves in a manner that evidences a permanent supportive relationship.

    b. The period of time that the obligee has resided with the other person in a permanent place of abode.

    c. The extent to which the obligee and the other person have pooled their assets or income or otherwise exhibited financial interdependence.

    d. The extent to which the obligee or the other person has supported the other, in whole or in part.

    e. The extent to which the obligee or the other person has performed valuable services for the other.

    f. The extent to which the obligee or the other person has performed valuable services for the other’s company or employer.

    g. Whether the obligee and the other person have worked together to create or enhance anything of value.

    h. Whether the obligee and the other person have jointly contributed to the purchase of any real or personal property.

    i. Evidence in support of a claim that the obligee and the other person have an express agreement regarding property sharing or support.

    j. Evidence in support of a claim that the obligee and the other person have an implied agreement regarding property sharing or support.

    k. Whether the obligee and the other person have provided support to the children of one another, regardless of any legal duty to do so.

    3. This paragraph does not abrogate the requirement that every marriage in this state be solemnized under a license, does not recognize a common law marriage as valid, and does not recognize a de facto marriage. This paragraph recognizes only that relationships do exist that provide economic support equivalent to a marriage and that alimony terminable on remarriage may be reduced or terminated upon the establishment of equivalent equitable circumstances as described in this paragraph. The existence of a conjugal relationship, though it may be relevant to the nature and extent of the relationship, is not necessary for the application of the provisions of this paragraph.

    (c) For each support order reviewed by the department as required by s. 409.2564(11), if the amount of the child support award under the order differs by at least 10 percent but not less than $25 from the amount that would be awarded under s. 61.30, the department shall seek to have the order modified and any modification shall be made without a requirement for proof or showing of a change in circumstances.

    (d) The department shall have authority to adopt rules to implement this section.

  1. When an order or agreement is modified pursuant to subsection (1), the party having an obligation to pay shall pay only the amount of support, maintenance, or alimony directed in the new order, and the agreement or earlier order is modified accordingly. No person may commence an action for modification of a support, maintenance, or alimony agreement or order except as herein provided. No court has jurisdiction to entertain any action to enforce the recovery of separate support, maintenance, or alimony other than as herein provided.
  1. This section is declaratory of existing public policy and of the laws of this state.
  1. If a party applies for a reduction of alimony or child support and the circumstances justify the reduction, the court may make the reduction of alimony or child support regardless of whether or not the party applying for it has fully paid the accrued obligations to the other party at the time of the application or at the time of the order of modification.
  1. (a) When a court of competent jurisdiction enters an order for the payment of alimony or child support or both, the court shall make a finding of the obligor’s imputed or actual present ability to comply with the order. If the obligor subsequently fails to pay alimony or support and a contempt hearing is held, the original order of the court creates a presumption that the obligor has the present ability to pay the alimony or support and to purge himself or herself from the contempt. At the contempt hearing, the obligor shall have the burden of proof to show that he or she lacks the ability to purge himself or herself from the contempt. This presumption is adopted as a presumption under s. 90.302(2) to implement the public policy of this state that children shall be maintained from the resources of their parents and as provided for in s. 409.2551, and that spouses be maintained as provided for in s. 61.08. The court shall state in its order the reasons for granting or denying the contempt.(b) In a proceeding in circuit court to enforce a support order under this chapter, chapter 88, chapter 409, or chapter 742, or any other provision of law, if the court finds that payments due under the support order are delinquent or overdue and that the obligor is unemployed, underemployed, or has no income but is able to work or participate in job training, the court may order the obligor to:

    1. Seek employment.

    2. File periodic reports with the court, or with the department if the department is providing Title IV-D services, detailing the obligor’s efforts to seek and obtain employment during the reporting period.

    3. Notify the court or the department, as appropriate, upon obtaining employment, income, or property.

    4. Participate in job training, job placement, work experience, or other work programs that may be available pursuant to chapter 445, chapter 446, or any other source.

    An obligor who willfully fails to comply with a court order to seek work or participate in other work-related activities may be held in contempt of court. This paragraph is in furtherance of the public policy of the state of ensuring that children are maintained from the resources of their parents to the extent possible. 

  2. (a)1. When support payments are made through the local depository or through the State Disbursement Unit, any payment or installment of support which becomes due and is unpaid under any support order is delinquent; and this unpaid payment or installment, and all other costs and fees herein provided for, become, after notice to the obligor and the time for response as set forth in this subsection, a final judgment by operation of law, which has the full force, effect, and attributes of a judgment entered by a court in this state for which execution may issue. No deduction shall be made by the local depository from any payment made for costs and fees accrued in the judgment by operation of law process under paragraph
    (b) until the total amount of support payments due the obligee under the judgment has been paid.2. A certified statement by the local depository evidencing a delinquency in support payments constitute evidence of the final judgment under this paragraph.3. The judgment under this paragraph is a final judgment as to any unpaid payment or installment of support which has accrued up to the time either party files a motion with the court to alter or modify the support order, and such judgment may not be modified by the court. The court may modify such judgment as to any unpaid payment or installment of support which accrues after the date of the filing of the motion to alter or modify the support order. This subparagraph does not prohibit the court from providing relief from the judgment pursuant to Rule 1.540, Florida Rules of Civil Procedure.(b)1. When an obligor is 15 days delinquent in making a payment or installment of support and the amount of the delinquency is greater than the periodic payment amount ordered by the court, the local depository shall serve notice on the obligor informing him or her of:

    a. The delinquency and its amount.
    b. An impending judgment by operation of law against him or her in the amount of the delinquency and all other amounts which thereafter become due and are unpaid, together with costs and a service charge of up to $25, for failure to pay the amount of the delinquency.
    c. The obligor’s right to contest the impending judgment and the ground upon which such contest can be made.
    d. The local depository’s authority to release information regarding the delinquency to one or more credit reporting agencies.

    2. The local depository shall serve the notice by mailing it by first class mail to the obligor at his or her last address of record with the local depository. If the obligor has no address of record with the local depository, service shall be by publication as provided in chapter 49.

    3. When service of the notice is made by mail, service is complete on the date of mailing.

    (c) Within 15 days after service of the notice is complete, the obligor may file with the court that issued the support order, or with the court in the circuit where the local depository which served the notice is located, a motion to contest the impending judgment. An obligor may contest the impending judgment only on the ground of a mistake of fact regarding an error in whether a delinquency exists, in the amount of the delinquency, or in the identity of the obligor.

    (d) The court shall hear the obligor’s motion to contest the impending judgment within 15 days after the date of filing of the motion. Upon the court’s denial of the obligor’s motion, the amount of the delinquency and all other amounts that become due, together with costs and a service charge of up to $25, become a final judgment by operation of law against the obligor. The depository shall charge interest at the rate established in s. 55.03 on all judgments for support. Payments on judgments shall be applied first to the current child support due, then to any delinquent principal, and then to interest on the support judgment.

    (e) If the obligor fails to file a motion to contest the impending judgment within the time limit prescribed in paragraph (c) and fails to pay the amount of the delinquency and all other amounts which thereafter become due, together with costs and a service charge of up to $25, such amounts become a final judgment by operation of law against the obligor at the expiration of the time for filing a motion to contest the impending judgment.

    (f)

    1. Upon request of any person, the local depository shall issue, upon payment of a service charge of up to $25, a payoff statement of the total amount due under the judgment at the time of the request. The statement may be relied upon by the person for up to 30 days from the time it is issued unless proof of satisfaction of the judgment is provided.

    2. When the depository records show that the obligor’s account is current, the depository shall record a satisfaction of the judgment upon request of any interested person and upon receipt of the appropriate recording fee. Any person shall be entitled to rely upon the recording of the satisfaction.

    3. The local depository, at the direction of the department, or the obligee in a non-IV-D case, may partially release the judgment as to specific real property, and the depository shall record a partial release upon receipt of the appropriate recording fee.

    4. The local depository is not liable for errors in its recordkeeping, except when an error is a result of unlawful activity or gross negligence by the clerk or his or her employees.

    (g) The local depository shall send the department monthly by electronic means a list of all Title IV-D and non-Title IV-D cases in which a judgment by operation of law has been recorded during the month for which the data is provided. At a minimum, the depository shall provide the names of the obligor and obligee, social security numbers of the obligor and obligee, if available, and depository number.

  1. When modification of an existing order of support is sought, the proof required to modify a settlement agreement and the proof required to modify an award established by court order shall be the same.
  1. (a) When an employee and an employer reach an agreement for a lump-sum settlement under s. 440.20(11), no proceeds of the settlement shall be disbursed to the employee, nor shall any attorney’s fees be disbursed, until after a judge of compensation claims reviews the proposed disbursement and enters an order finding the settlement provides for appropriate recovery of any support arrearage. The employee, or the employee’s attorney if the employee is represented, shall submit a written statement from the department that indicates whether the employee owes unpaid support and, if so, the amount owed. In addition, the judge of compensation claims may require the employee to submit a similar statement from a local depository established under s. 61.181. A sworn statement by the employee that all existing support obligations have been disclosed is also required. If the judge finds the proposed allocation of support recovery insufficient, the parties may amend the allocation of support recovery within the settlement agreement to make the allocation of proceeds sufficient. The Office of the Judges of Compensation Claims shall adopt procedural rules to implement this paragraph.(b) In accordance with the provisions of s. 440.22, any compensation due or that may become due an employee under chapter 440 is exempt from garnishment, attachment, execution, and assignment of income, except for the purposes of enforcing child or spousal support obligations.
  1. Unless otherwise ordered by the court or agreed to by the parties, the obligation to pay the current child support for that child is terminated when the child reaches 18 years of age or the disability of nonage is removed. The termination of the current child support obligation does not otherwise terminate the obligation to pay any arrearage, retroactive support, delinquency, or costs owed by the obligor.
  1. (a) In a Title IV-D case, if an obligation to pay current child support is terminated due to the emancipation of the child and the obligor owes an arrearage, retroactive support, delinquency, or costs, the obligor shall continue to pay at the same rate in effect immediately prior to emancipation until all arrearages, retroactive support, delinquencies, and costs are paid in full or until the amount of the order is modified. Any income-deducted amount or amount paid by the obligor which is in excess of the obligation to pay current support shall be credited against the arrearages, retroactive support, delinquency, and costs owed by the obligor.(b) In a Title IV-D case, if an obligation to pay current child support for multiple children is reduced due to the emancipation of one child and the obligor owes an arrearage, retroactive support, delinquency, or costs, the obligor shall continue to pay at the same rate in effect immediately prior to emancipation until all arrearages, retroactive support, delinquencies, and costs are paid in full or until the amount of the order is modified. Any income-deducted amount or amount paid by the obligor which is in excess of the obligation to pay current support shall be credited against the arrearages, retroactive support, delinquency, and costs owed by the obligor. If an obligation to pay current support for more than one child is not reduced when a child is emancipated because the order does not allocate support per child, this paragraph does not apply.(c) Paragraphs (a) and (b) provide an additional remedy for collection of unpaid support and apply to cases in which a support order was entered before, on, or after July 1, 2004.
  1. (a) A court may, upon good cause shown, and without a showing of a substantial change of circumstances, modify, vacate, or set aside a temporary support order before or upon entering a final order in a proceeding.(b) The modification of the temporary support order may be retroactive to the date of the initial entry of the temporary support order; to the date of filing of the initial petition for dissolution of marriage, initial petition for support, initial petition determining paternity, or supplemental petition for modification; or to a date prescribed in paragraph (1)(a) or s.61.30(11)(c) or (17), as applicable.

SB 718 Passes Senate Rules Committee 12 to 2 – Amendment Explained


SB 718 Passes Senate Rules Committee 12-2

The Senate Rules Committee has amended the alimony reform Bill. We have received a lot of emails and phone calls as to what does all this mean? Let us explain.

Note that we are not attorneys so this is not to be construed as legal advice.  We are explaining the bill as it stands today based on our interpretation gathered from legislators and our lobbyist. You should consult a skilled professional to determine how any change in the law impacts your individual situation.

As we have said from the very beginning, the passage of any bill is a long and arduous process. No bill ever goes through several committees, 160 legislators and a floor vote without amendments being added to it.  Even though it has now passed all the committees and is ready for a House and Senate floor vote, expect more amendments.

FAR does not submit amendments, legislators do. Amendments are added to make sure the bill is constitutionally correct, fix errors in the wording and to also garner votes in order for it to pass.  If there are no amendments, there is a strong if not guaranteed chance that it will die in a committee or floor vote.

The amendments added to SB 718 thus far, have been for all the reasons cited above.  FAR does not make these amendments, we can only influence them to a certain degree.

There are as many permanent alimony scenarios’ as there are payers. When you take into account length of marriage and all its factors, modifiable and non-modifiable MSA’s and court ordered judgments, one can see that it is no small task to have a bill that encompasses all.

The original concept of the bill was to cover every scenario for permanent alimony payers.  We quickly learned that non-modifiable MSA’s were out of the picture. Attorneys that are pro reform and legislators alike agreed that this would not fly.

So based on that, this is what we have. SB 718 as amended and approved today will accomplish the following:

  1. An end to permanent alimony for all new dissolution of marriages on a going forward basis after July 1, 2013, replaced with durational.
  2. Sets short term marriage at up to 12 years and long term marriages at over 20 years. This is a significant difference.
  3. Guidelines for set amount of alimony to be awarded.
  4. All court ordered permanent alimony cases are retroactive.
  5. All modifiable MSA’s for 15 years and below marriages are retroactive as long as the obligor has already been paying for the length of the marriage.
  6. All modifiable MSA’s in excess of 15 year marriages are still potentially modifiable. Nothing in the bill prohibits you from filing a motion for modification. Obtaining a modification will be dependent on certain factors.
  7. Permanent alimony payers when they reach full retirement age or standard age of retirement for their profession can go back to court under the presumption that ‘it will change’ rather than currently that ‘it may change’.

This applies to all court ordered or modifiable MSA’s regardless of length and is a significant difference from current law.

  1. Second spouse income is off the table.
  2. Disability is now defined as determined by Social Security Disability standards.
  3.  People trapped in a long divorce can now demand a “bifurcation”, which legally divorces the parties (ending most of the fighting due to the emotional ties being broken) and allows the Court to reserve on equitable distribution, custody, alimony, etc.

The bill as it stands is a very strong and solid bill although we know it does not address everyone’s circumstance.  It benefits most of the FAR members however.

This is no easy task as we are still making sure no other amendments are added that will adversely effect how it now stands.

We understand some of your frustrations if you are in the scenario where the bill does not provide immediate relief but may provide relief further on down the road. Some of the Core members of FAR are also in the same position as well.

As one FAR member wrote to us today said ‘Reform is like glaciers’, meaning it is a slow process for a situation that took an eternity to develop.

The bottom line is this. If the bill would have included all modifiable MSA’s it would have never passed. If the bill would have included all modifiable MSA’s of 20 years or less, it would have never passed. In fact, originally the amendment had the MSA number at 12 years. We influenced it upwards to 15 although we really wanted all modifiable MSA’s to be included.

If the bill would have had modifiable MSA’s set at 20 or more years, ZERO FAR members would have benefited and the Family Law Section of the Florida BAR would have won 100% as the bill would have died on the Senate floor vote.

The bill must still pass the entire Florida Senate and Florida House, and then be signed by Governor Scott in order to become law. Prior to that, the bill remains a goal that we will continue to need to work on together.

Again,  we understand that this bill doesn’t help everyone, no law ever does, but it is tremendously better than current law and by accepting it, it gives us credibility to work with the legislators in the future for additional possible modifications.

 

CLICK HERE to see the VOTE Result

CLICK HERE to see VIDEO of the HEARING ( SB 718 is heard starting around 17:15  minutes into the video)


CLICK HERE
to view the latest Senate Bill 718 info (including the latest Amendments)

We will keep updating the public and our elected officials and their staff on each bill’s progress.   Keep coming back to our website for updates.