Florida divorce information - alimony, assets, child support, custody, etc.

A: Not in Florida. By law, the court must give the father and the mother equal consideration if the court is going to designate a primary residential parent. This is the law regardless of the age or sex of the child. The court will consider which parent is likely to encourage affection and allow frequent contact between the child and the other parent; the existing emotional ties the child has with both parents; the length of time the child has lived in a stable environment and the desirability of changing that environment; the moral, mental and physical health of the parents; and the reasonable wishes of the child if the child is mature enough to make such a choice. These are only a few of the factors the court is allowed to consider; none of them are controlling and the court also can consider any other relevant facts.

A: Yes. In order to change custody, it is necessary to show that there has been a substantial change in the circumstances that existed at the time of the original custody determination (whether by stipulation or after litigation) and that the modification will be in the child’s best interest. The law discourages attempts to alter custodial arrangements once they are set by the agreement or court order. Therefore, the law requires the party seeking to change custody to meet an “extraordinary” burden of proof. The courts will not consider facts that existed prior to the original custody determination unless there was some concealment of those facts. Changes in custody are possible and should be considered when there has been a material change in the circumstances that existed at the time of the initial custody determination and it clearly can be shown that a modification will be in the child’s best interest. However, changes such as remarriage, changes in lifestyle, and loss of a job, standing alone, generally will not justify a modification.

A: No. An award of alimony depends on several factors, including the age, earning ability, health, and education of the person seeking alimony, the other assets available to the parties; the length of the marriage; the standard of living during the marriage and the ability of the other party to pay. All of the factors and others are weighed by the court.

There is a strong presumption in favor of alimony when a long-term marriage ends and one party will have significantly less earning power and assets than the other party or when one party is disabled or has health problems that affect their ability to earn a living. There is a presumption against alimony when the parties have been married only a short time and both are healthy.

If the court decides to award alimony, the court has flexibility to award different types of alimony. This includes an award of lump sums as well as or instead of the regular payment of money. Rehabilitative alimony also may be awarded in situations where the party seeking it can show that the marriage affected his or her ability to obtain the same type of employment they had before the marriage, he or she has a legitimate ability to improve their earning power if the alimony is awarded, and he or she has a realistic plan for rehabilitation.

A: The courts strongly encourage parties to reach their own agreement on all of these matters, with the exception of child support. If the parties come up with their own agreement, the court will require them to demonstrate that they understand the agreement, that they have entered into their agreements after an appropriate exchange of information, and that they have entered the agreement voluntarily and without duress. Child support is determined according to guidelines that are set by the Legislature. These guidelines require each parent to contribute a pre-determined amount to the support of their child. The court cannot deviate more than slightly from these guidelines unless the court makes findings that there is a good reason to do so. One reason to adjust upward could be that the child has extraordinary health needs. One reason to adjust downward could be that the child has his or her own source of income, such as a trust fund.

A: The court can order one party to pay all or some of the other party’s attorney’s fees. The decision will be based on the need of one party for assistance in paying fees and the ability of the other party to contribute toward the fees. The court also has the ability to award or adjust attorney’s fees when it finds that a party has needlessly increased the cost of litigation by stalling, avoiding discovery, or making groundless claims. Generally, if both parties have the same financial ability going into the proceeding, the court will not award attorney’s fees.

A: Generally, assets owned prior to the marriage and kept completely separate during the marriage belong to the individual and not to the marriage. However, if the title of property is changed to the name of the married parties, the property may become marital property. If marital assets or labor are used to increase the value of the property, the parties may have to share in the increase in the value of the property during the marriage. Also, if money in pre-marriage accounts is moved into marital accounts, the assets likely will be considered marital assets to be divided equally.

Q: If I have custody of the children and get a new job, can I move to another location and take the children?

A: In October 2006, a new law went into effect stating that when a parent wants to relocate more than 50 miles, they must give formal notice to the other parent stating the location of the new address, a complete mailing address, a home telephone number, the date of the proposed move, a detailed statement for the move, and a proposed schedule for visitation after the move. The other parent then has 30 days to object. If the parties cannot agree on the move, the court will conduct a hearing at which a variety of factor can be considered by the court when deciding whether to allow the move.

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