Florida Family Law & Practice

ebook Volume 1 · Florida Family Law & Practice

By Annette J. Szorosy

cover image of Florida Family Law & Practice

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REVISION 16 HIGHLIGHTS

Sweeping amendments to the alimony statutes, Sections 61.08 and 61.14, Florida Statutes—

  • Eliminate permanent alimony.
  • Change the definitions of short, moderate, and long-term marriage.
  • Limit rehabilitative alimony to no longer than five years.
  • Limit durational alimony to marriages of at least three years.
  • Provide a formula for determining the maximum amount of durational alimony.
  • Add adultery as a factor the court may consider in determining whether and how much alimony to award.
  • Require the court to reduce or terminate alimony if it makes written finding that the supported spouse is in a

    supportive relationship or that the paying spouse has reasonably retired.

    Section 61.1255, Florida Statutes, authorizes a civil suit for support for an adult dependent child.

    Section 61.13(2)(c)(1), Florida Statutes, creates a presumption that equal time-sharing is in a child's best interest

    unless otherwise provided by statute or agreed to by the parties.

    Section 61.13(c), Florida Statutes, provides that a parent's move to within 50 miles of the other parent can be

    considered a substantial and material change in circumstances for purposes of modifying a time-sharing schedule.

    Grayson's law adds protection for children in danger of parental harm by expanding the section 61.13 factors

    the court must consider when determining whether shared parental responsibility would be detrimental to the child.

    Section 752.11(2), Florida Statutes, creates a presumption in favor of granting reasonable visitation with a grand-

    parent or step-grandparent who is a deceased parent's parent if the court finds that the other parent has been held

    criminally liable for the parent's death or civilly liable for an intentional tort causing the parent's death.

    Sections 742.011, 742.10(5) and 744.301(1), Florida Statutes, recognize that once a father establishes paternity

    pursuant to section 742.10(1) or section 742.011, he becomes a natural parent entitled to the same rights and respon-

    sibilities as the mother.

    Florida Family Law Rule of Procedure 12.285(c)(2) allows parties to waive filing financial affidavits under certain

    circumstances. The parties are still obligated to exchange financial affidavits

    Florida Rule of General Practice and Judicial Administration 2.540(g) requires the court to allow an individual with

    a disability to use a service animal in court facilities and when participating in court-provided programs.

    Florida Rule of General Practice and Judicial Administration 2.540(h) permits the court to allow an individual the use

    and accompaniment of an emotional support animal when participating in court-provided programs, services, or activities.

    AND MORE!

  • Florida Family Law & Practice