Navigating the Waves of Change: Florida Alimony Reform in 2023 and its Impact on Your Future

Alimony reform is again on the Governor’s desk in Florida. The bill made it out of the legislature and was sent to Governor Scott on Monday, April 4, 2016. The Governor has until April 19 to sign or veto the bill. This is the latest round in the attempt to change the alimony law in Florida.

The Arguments

Many are in support of the alimony law already in place in Florida. Those who receive alimony, such as those who have never had a career due to having to raise children or keep the home, believe the alimony law should not be changed. On the other hand, those who are paying alimony commonly feel they are being taken advantage of and should not have to financially support a former spouse for many years after the divorce. No matter what the other spouse may have done during their marriage, many alimony paying spouses feel that the alimony law forces them to pay too much money to the other party, and for too long.

The New Proposition

The legislation that is being considered by the Governor, if it becomes law, will significantly change the way alimony is determine in Florida. These new changes include:

• Judges will have guidelines to calculate the amount of alimony payments
• The length of time alimony will be paid will also be based on guideline calculations
• There will no longer be ‘lifetime’ alimony payments
• There will be new circumstances that will be considered to modify or terminate alimony payments
• There will be no guidelines for marriages that lasted more than 20 years, and judges are encouraged to equalize the incomes of the parties
• The bill also will include the premise that the parents should have 50-50 custody or time-sharing with their children

The new alimony provisions, if passed, will apply to all initial alimony determination cases and all alimony modification cases pending on or after October 1, 2016. However, the new provisions regarding modification of an existing alimony obligation would apply to all cases. The new 50-50 time-sharing premise would apply only to initial divorce or time-sharing cases filed on or after October 1, 2016.
Even if the proposed bill does not become law, the alimony reform effort in Florida will continue in the future. Many officials within Florida are stating that this new bill simply gives judges guidelines to determine the amount of alimony and how long it will be paid, and is fair to both parties. These people feel that the judges have too much discretion and power, and the decisions are not consistent, and vary from one divorce to the next.

The Family Law Section of the Florida Bar has come out publicly against this bill, primarily because it includes the 50-50 time-sharing premise. The Governor can sign the bill into law or veto it (as he did to the prior alimony reform bill in 2013).

Here at Norman Law, we are ready to take on these new aspects of divorce and alimony, and work for you. If you need help with a divorce, alimony, child support or any other family law issue, contact us today to get started!

Divorces can be very rough, and with Florida’s Mandatory (Financial) Disclosure rule, it can become even harder when there are things that parties are not interested in disclosing.

In this blog post, we will briefly cover how important the disclosure of financial records is in a divorce. It is vital that you provide the required financial documents when working with your divorce attorney throughout the proceedings. In order to provide you with the best advice, your divorce attorney must know everything about your marriage. This includes your finances, both separate from and together with your spouse. Of course you’ll also discuss other reasons (likely more obvious disclosures) the divorce may be taking place, and all issues that need to be addressed. The financial disclosure allows your attorney to review and analyze documents that provide more insight and gives your attorney a better understanding of your entire divorce case.

When Mandatory Disclosure is Not Needed?

In some cases, Mandatory Disclosure is not needed during a divorce. This is only applicable when the case is not being litigated in court and both parties are in agreement with the divorce (considered an Uncontested Divorce). However, even though the financial disclosures can be waived or otherwise not required, both parties must still fill out and file a Financial Affidavit that discloses detailed financial information. Under no circumstances can the Financial Affidavits be waived for a divorce proceeding, even when both parties are on board with filing for a divorce.

Florida Family Law Rules of Procedure

Mandatory Disclosure is found under the Florida Family Law Rules of Procedure. This Rule lists sixteen types of financial documents that must be provided and exchanged by both parties.
These include:

· Bank account statements
· Tax returns
· Pay stubs
· Pension plan statement
· Assets
· Debts

And the list continues. When a person first files a divorce case, he or she has have 45 days to provide the other party with the required financial information. The other party must also provide the required financial information within a specified time period. Parties can ask for an extension if needed. In most cases, if the person has a legitimate reason for the delay, an extension will be granted by the court.

The Reasoning Behind Mandatory Disclosure

Aside from helping your lawyer to better handle your case, providing the financial disclosure documents can lower the expense that is often associated with litigation. It also gives the court sufficient information to make a better informed financial decision for both parties. Though Mandatory Disclosure can seem rather invasive and gathering the documents may take some time, it is really in the best interest of both parties going through a divorce.

Wendy Norman works as a Divorce Attorney in Jacksonville, FL and welcomes comments or questions from readers. Please Contact Us online to setup an initial consultation or call 904.306.9926.

Within the state of Florida, there is a term called Equitable Distribution that is used in divorce proceedings. In short, Equitable Distribution means that possessions/assets and debts which came about during the marriage are divided as equally as possible between the parties getting a divorce. This can make it easier in one sense for a divorce; however, there are also problems that can arise.

In most cases, those who are going through a divorce are going to work with their lawyers in order to determine who gets what (distribution of assets and debts). In cases in which both parties want the same asset/assets or don’t want certain debt, it can come down to the judge making the decision as to who gets what.

Proven Adultery Can Impact Equitable Distribution

With this being said, many people wonder if infidelity can affect the equitable distribution of the marital assets and debts. Florida is considered a “no fault” divorce state. This means that people can get a divorce without proving why a divorce is needed or whose fault it is. In most cases, the person who wants the divorce simply states that the marriage is ‘irretrievably broken” and the divorce proceedings can continue. With this in place, and the equitable distribution rule, most parties believe that the marital assets and debts will be equally divided, no matter what. However, that is not always the case.

When one spouse does commit adultery, and it can be proven, it can affect the equitable distribution. When the adulterer in the relationship is using his or her money in order to buy their new boyfriend or girlfriend gifts, go on trips and the like, then this can be taken into consideration when dividing the assets and debts.

In some cases, if the financial actions of the cheating spouse affect the wife or husband, or children involved, then the court can give the adulterer less property and other assets, or make him or her responsible for more debt. The idea is that the adulterer has misused what should be marital funds and he or she should not be treated the same in the equitable distribution of the assets and debts because of his or her actions.

Alimony and Equitable Distribution

In addition, this type of situation can also affect whether one party receives alimony from the other or not even though Florida is a no-fault state. In most divorces, the equitable distribution goes through without a hitch, but it is important to note that in cases where adultery has affected the marital finances, it can become an issue during the divorce proceedings.

For those who are thinking about divorce and are concerned with Equitable Distribution, please contact us. Here at Norman Law, we are here for you and want to help you in any way we can with your divorce!

When a divorce happens, feelings and emotions are high. However, when children are involved, it is important that the Court evaluate both parents and consider their mental health and ability to care for their children, and determine what is in the best interests of the children. The State of Florida no longer awards one parent custody of the children; instead, there are parenting plans which include timesharing schedules. One parent may have the children more than the other, or the parents may have equal time with the children. Because the Court must determine what timesharing schedule is in the best interests of the children, many times a social investigation will be performed.

The Basics of a Social Investigation and Child Custody

This type of investigation is usually performed by a mental health professional, one who has no prior relationship with either of the parties or the children. The Social Investigator is a neutral and impartial third party, thus his or her opinions and recommendations will carry great weight with the Court. The Social Investigator will evaluate both parents, including their lifestyles, and make a recommendation as to which parent the children would be better off spending more of their time with, or if the children should spend equal time with the parents. The Social Investigator will outline all of his or her findings and recommendations in a report that is presented to the Court. In addition, he or she will submit a proposed parenting plan that best fits the needs of the children.

Assessments during a Social Investigation and Parenting Plans

During a social investigation many things will be considered and reviewed by the Social Investigator, including the following:

• Background checks, checks of police records and the like concerning both parents
• Interviews with the children are conducted
• Interviews with both parents
• Character references submitted by both parents are interviewed
• Doctors, employers, and other professionals are interviewed about the parents and children

Once these assessments are made, the report and parenting plan are then drawn up, and include findings and recommendations by the Social Investigator.

How this Affects Timesharing Agreement

Since the social investigation is such a huge component of the parenting plan and timesharing schedule, the findings and recommendations of the Social Investigator will have a huge effect on the final timeshare plan. In most cases, the Court agrees with the Social Investigator and implements the recommended parenting plan and timesharing schedule.
For those who are going through a divorce or who are arranging a timesharing schedule, Wendy Norman is a family attorney who has been practicing in the Jacksonville area for over 15 years. She has had many cases involving social investigations and can help you prepare for what is to come. Simply give her a call today to discuss your case!

Many couples enter into their marriages with a prenuptial agreement in place. This agreement is meant to serve as protection in the event the marriage does not succeed and there is a divorce. The reasons for having a prenuptial vary from couple to couple. In most situations, the parties have separate assets or achievements in their lives that they want to keep as their own in the event of a divorce. Prenuptial Agreements in Florida are more complex than what most people expect.

Drafting a Prenuptial Agreement

For couples who are ready to get a prenuptial agreement, there are several questions and concerns that are raised. For one, many people are not aware of all the items a prenuptial agreement can address. It is important that both parties understand what a prenuptial agreement is and the function it serves later, in a divorce.

Secondly, the most important question is what assets do you want to specify in the prenuptial agreement to ensure they are protected? This can be a hard question to answer, as each party must agree he or she is okay with the assets the other is wanting to protect. For example, a man may want to protect the house he purchased before marriage. Or a woman who earns more than her spouse-to-be may want to protect the savings she had before the marriage. These are things that need to be addressed in the prenuptial agreement in detail.

Lastly, are you ready to sign a prenuptial agreement? When one of these agreements is prepared, one of the parties may not be on board with having a prenuptial agreement. For many, this is taken as a sign that the marriage is not going to work. There is no right or wrong answer to this question, and sometimes the wedding is postponed to determine if a prenuptial agreement is something both parties are comfortable with signing.

Attacking a Prenuptial Agreement

If divorce does occur, attacking a prenuptial agreement is often the first thing one or both spouses want to do. There are two main ways this can be done. One way is to claim duress. This basically boils down to one spouse claiming he or she was under duress when he or she signed the prenup, thus making it invalid. This may be difficult to prove, depending on the facts and circumstances.

Another way to attack is to claim there was not enough disclosure regarding assets or debts, or other financial matters. This is not as difficult to prove. For example, if one spouse did not reveal certain assets in the agreement even though they did in fact have these assets, the court may refuse to follow or apply the agreement.

Have a Question about a Prenuptial Agreement?

If you are getting ready to get married and want a prenuptial agreement, you should work with an attorney in order to ensure the agreement is properly prepared. By working with an attorney you will greatly lower your chances of having the agreement attacked in the event of a divorce. For those going through a divorce that includes a prenuptial agreement, you will want someone on your side to fight for your needs and wants, and attack the agreement if needed. Wendy Norman has been handing divorce, prenuptial agreements and family law in general for years within Jacksonville, Florida, and she can help you as well. Going through a prenuptial agreement without legal representation is only setting yourself up for failure later.

To establish paternity, any woman who is pregnant, or has a child, and any man who has reason to believe he is the father of a child, may request that paternity be determined and established. In any proceeding to establish paternity, the court may require scientific (DNA) testing. A determination of paternity for a child born out of wedlock also requires the father to pay child support and gives the father time-sharing (visitation) rights.

A man who believes he is the biological father of a child born out of wedlock is permitted to claim paternity of the child by filing with the Florida Putative Father Registry. This claim of paternity may be filed at any time prior to the child’s birth. An unmarried biological father who wishes to maintain his paternal rights should file with the Florida Putative Father Registry because failure to do so may result in the termination of those rights.

To disestablish paternity, a petition must be served on the mother or other legal guardian of the child, and must include a sworn statement made by the father. Along with the affidavit the father must also provide biological testing to support his petition to disestablish his paternal rights.

Paternity the Key to Child Custody and Child Support

Establishing legal paternity is a key part of child custody and child support agreements. Whoever is determined to be the legal father will have all the rights and responsibilities of a father. Some of these rights and responsibilities include requirement to pay child support, coordinating with the child’s mother in a joint custody agreement, sole custody, visitation agreements and more.

Our goal is to help you accurately determine paternity so that the right custody, visitation and child support agreements can be reached. For answers to your questions about establishing paternity, call Jacksonville divorce lawyer Wendy Norman today.

Within Florida, when children are involved with a divorce, the idea is to ensure that the child is not going to be negatively affected by the divorce. This includes the living situation and residence of the child. In most cases, the courts prefer that the parents live close enough to allow the child to have both parents actively involved in his or her life. However, there are situations in which one parent feels it would be in the best interest to move away from their current residence.

In these situations, a Florida Relocation Petition has to be filed when moving more than 50 miles away.

There are two ways the relocation request may be handled:
An agreement is in writing and signed by both parents stating that they agree to the relocation. This is the easiest option, as both parents are on board with this move, and it simply has to be approved by the courts.

When one of the parents does not agree to the relocation, then a Petition for Relocation is going to have to be filed with the courts, and this can be a lengthy legal process.

Within the Petition for Relocation, the parent who is wanting to move has to give good reasons for wanting to make the move, and must also explain how they plan to ensure that the child is still actively involved with the other parent. This can be difficult to prove, especially when moving long distances away from the current location.

A petition for relocation cannot be avoided in any case. In the state of Florida, if a parent were to move with a child more than 50 miles away without the court approving of this decision, the parent could lose custody of the child. The court could order the parent who moved without permission to pay court costs and legal fees that are associated with this case. The court may even permanently change the time-sharing schedule and limit the time the parent spends with the child.

Moving to Another State? Learn Your Options First.

The state of Florida is all about ensuring that the child of a couple is not negatively affected when they separate or divorce. The best interest of the child is the main focus, as relocating is often taking the child away from one parent, having him or her lose contact with one parent. For those who are looking to move with their child, you will need help with the petition for relocation. Wendy Norman has years of experience in family law, including Relocation and filing petitions to relocate. These are highly technical in content, and is not recommended that anyone try to navigate this route on their own.

Call Wendy Norman and request a free consultation for all your Jacksonville, Florida petition for relocation needs.