An Update and Plea to Help Stop this Travesty
Recently the Florida House passed HB 231 mandating changes to divorce law that will make marriage much more palatable and divorce much easier. You see, if this becomes law, no man will fear alimony or child support. Changes proposed will END permanent alimony (never mind that permanent alimony is almost universally not permanent today). Changes will also guarantee child support will be minimal and discretionary. If the primary breadwinner doesn't want to pay support, they are guaranteed 50/50 timeshare, and can easily ask for more to "allow the other spouse maximum time to work" thereby lowering child support to next to nothing. Forget deadbeats, no order will issue requiring support while fighting it out.
OK, those are worst case scenarios, but anything is possible when this legislature is in session!
Here are some of the proposed changes:
- application of these new rules retroactively to alimony awards entered (within the past 15 years by agreement) regardless of whether the support was based upon the agreement of the parties or court ordered after trial;
- litigation of alimony changes carries a risk of attorneys fees, just for contesting the changes in court;
- The new law would REQUIRE the proof of increased income AND for TWO YEARS of increased income to be deemed permanent. Quite a hurdle for the person receiving alimony. There is no such requirement should the obligor seek to obtain downward modification. Oh, my pay went down, so I don't have to prove it or show the decreased income lasted 2 years.
- Possibly the Worst idea: The new law includes a presumption for 50/50 timesharing except in very limited circumstances (prove a danger to the child's health, safety and welfare)(this applies in ALL cases not just divorcing parents)
Another bad idea: if the obligor is unemployed at the time of the dissolution the spouse has to wait a full two years after they become employed before asking for spousal support to be modified. So, lose your job just prior to divorce and 2 years without alimony will certainly punish your former spouse for wanting a divorce!
If this passes out of the Senate tomorrow afternoon, and it looks probable, it will be on the House floor next week and then off to the Governor shortly thereafter. The Family Law Section is doing what it can to defeat these bills, having committed to a grassroots and media campaign to get the word out, but those efforts are going to run short without your help. I am therefore asking that if you have not done so in anticipation of this bill being voted upon by the full Senate tomorrow that you please contact your Senators and, after tomorrow, your Representatives (or all Senators and all Representatives) http://www.flsenate.gov/Senators/Find and http://www.myfloridahouse.gov/Sections/Representatives/representatives.aspx and urge them to oppose this legislation. Then, remember how they voted when they run for office next time.
Call me at 407-645-3297 or visit my website at www.aubreylaw.com
Aubrey
Aubrey, I imagine you oppose these new laws because you'll probably make less money due to less litigation.
ReplyDeleteI am for the changes and they can't come soon enough. I am a father that has had his daughter withheld from him because the mother of the child thinks that she can use our child as a pawn to show me that she has all the power and decision making ability. I am not a deadbeat Dad and I want to be in my daughter’s life as much as possible but when you're dealing with irresponsible and immature mothers that put their own interests before that of the child's it is a disgrace! As a father I have ZERO rights until I can finally have my day in court and I have had to spend untold dollars just to attempt to have my daughter 50% of the time. The current laws are ridiculous, fathers have absolutely no rights and the laws need to be changed immediately. I am personally offended that you think that a father that's doing everything he can to be the best Dad possible should Not receive as much time with his child as the mother currently receives.
Thank you Aubrey. I am in total agreement with your assessment. If passed, this law will treat all Florida families with a one-size-fits-all solution that will leave many children without resources and push many older women onto the rolls of public assistance. The previous writer is looking only at one aspect of the bill and his situation. Maybe this new bill will be good for him, however, it will do much more harm than good for the general population.
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