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Child support is money owed by one parent to the other parent for the purpose of supporting the child that the other parent is caring for. “In a proceeding under this chapter [DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING], the court may at any time order either or both parents who owe a duty of support to a child to pay support to the other parent or, in the case of both parents, to a third party who has custody in accordance with the child support guidelines schedule in s[ection]. 61.30.” Fla. Stat. Sec. 61.13(1)(A) Every Florida child support order must have a termination date. The termination date is usually the child’s 18th birthday. “As a general rule, the legal duty of a parent to support his children ceases at the age of majority.” Kern v. Kern, 360 So. 2d 482 – Fla: Dist. Court of Appeals, 4th Dist. 1978 “All child support orders and income deduction orders entered on or after October 1, 2010, must provide: a. For child support to terminate on a child’s 18th birthday unless the court finds or previously found that s. 743.07(2) applies, or is otherwise agreed to by the parties;” Fla. Stat. Sec. 61.13(1)(A)(1) In Florida, a child’s 18th birthday terminates child support unless the court finds the child has a disability or the child will likely still be in high school (and will not have turned 19 yet). “This section [Rights, privileges, and obligations of persons 18 years of age or older] shall not prohibit any court of competent jurisdiction from requiring support for a dependent person beyond the age of 18 years when such dependency is because of a mental or physical incapacity which began prior to such person reaching majority or if the person is dependent in fact, is between the ages of 18 and 19, and is still in high school, performing in good faith with a reasonable expectation of graduation before the age of 19.” Fla. Stat. Sec. 743.07(2) Age 18 is the standard date for child support to terminate in Florida. The parties can agree on a later date (usually high school graduation that a court would award anyways) or the courts can order a later termination date (but not later than age 19). “Ordinarily, a child support order terminates automatically on a child’s eighteenth birthday. This is because a parent has no legal duty to continue to provide support to a child who has reached the age of majority unless the trial court has made a finding of dependence pursuant to section 743.07(2), Florida Statutes (2010)” Dixon v. Dixon, 233 So. 3d 1285 – Fla: Dist. Court of Appeals, 2nd Dist. 2018 (citations omitted) If nothing is agreed to by the parties in the original or subsequent child support orders, the child turning age 18 is the automatic termination date. A “final judgment’s silence on the continuing obligation of support after the child’s eighteenth birthday results in the… [support] obligation … also terminating upon the child’s eighteenth birthday.” Phillips v. Phillips, 83 So.3d 903, 905 (Fla. 2d DCA 2012) When the original child support is for multiple children and the obligor’s support obligation as to one child ends when the oldest turns 18, “the obligor is entitled to a retroactive reduction pre-dating a modification petition, consistent with the statutory child support guidelines” Gilbert v. Cole, 107 So.3d 426, 427-28 (Fla. 1st DCA 2012) “Children who have early-in-the-year birthdays and who will turn nineteen before a June graduation, are entitled to no support during their eighteenth year, even though they are in need, in school, and ‘on track.” Walworth v. Klauder, 615 So. 2d 219 – Fla: Dist. Court of Appeals, 5th Dist. 1993 A Florida divorce court has no wiggle room. Child support always stops at age 19 unless there is a finding that the child has a disability. A “trial court’s award of child support ‘until the parties’ minor child reaches the age of 19 or upon her graduation from high school, whichever occurs first” [is in] error.” Drake v. Drake, 686 So. 2d 753 – Fla: Dist. Court of Appeals, 1st Dist. 1997 Parties can contract in their Marital Settlement Agreement to terminate child support upon the children’s 18th birthdays….not the children’s high school graduation. “The policy of requiring parents to support their children is limited to their minority and dependency. The statute does not itself require the parent to continue to support the child after reaching majority while in the last year of high school. Rather it merely authorizes the court to do so if the statutory conditions are met.” Rose v. Rose, 8 So. 3d 1251 – Fla: Dist. Court of Appeals, 4th Dist. 2009 Most marital settlement agreements will include an automatic provision to stop child support on a date certain. Almost all marital settlement agreements will also set child support for the remaining minor children when the current child support amount automatically terminates. This process repeats in what is called a “step-down” order. If there is no automatic child support termination date or a step-down order, it is incumbent on the child support payor to file a motion to modify child support…or the support doesn’t change. “The general rule is that when the child support provision fails to allocate the amount of support attributable to each child, the trial court cannot retroactively terminate child support before the date the petitioner requested such relief.” Rodgers v. Reed, 931 So. 2d 236 – Fla: Dist. Court of Appeals, 5th Dist. 2006 (quotations and citations omitted) If a motion to modify child support is filed late, a Florida court can go back to the date the child emancipated. “[I]f there must be resort to the court for recalculation of the child support amount for the remaining children, then the recalculation is retroactive to the date the child attained eighteen (or had another qualifying event)” Karten v. Karten, 983 So.2d 17, 19 (Fla. 3d DCA 2008) If the marital settlement agreement or child support order does not specify the remaining minor children’s child support, the court must determine the support (unless the parents agree). Where “the language in the child support agreement is not clear as to the exact amount the child support is to be reduced by upon a child’s emancipation….[the court must] hold an evidentiary hearing to determine the correct amount of arrearages and the appropriate reduction in child support payments” Lehman v. Department of Revenue, 946 So. 2d 1116 – Fla: Dist. Court of Appeals, 4th Dist. 2006 Other Child Expenses After Age 18 In Florida A parent’s obligation for all other expenses beyond ordered (or to be ordered) child support ceases on the child’s 18th birthday. This includes an adult child’s medical and college expenses. “[T]he parent of an emancipated child is not liable for his child’s hospital and medical services” Ison v. Fla. Sanitarium & Benevolent Ass’n, 302 So.2d 200, 201-02 (Fla. 4th DCA 1974) “[A] trial court may not order post-majority support simply because the child is in college and the divorced parent can afford to pay.” Grapin v. Grapin, 450 So. 2d 853, 854 (Fla. 1984) Of course, parents are welcome to agree to support their children past their 18th birthday. “When parties to a dissolution proceeding agree to educate their child after the child reaches [the] age of majority, the agreement is valid and may be enforced by either party to the agreement.” Winset v. Fine, 565 So.2d 794, 795 (Fla. 3d DCA 1990) “Even though most financially able parents willingly assist their adult children in obtaining a higher education, any duty to do so is a moral rather than a legal one, absent either a finding of legal dependence or a binding contractual agreement by the parent to pay such support.” Riera v. Riera, 86 So. 3d 1163 – Fla: Dist. Court of Appeals, 3rd Dist. 2012 Child Support in Florida Past Age 18 If The Child Is Disabled “Historically in Florida the crucial question utilized by courts in determining whether child support is subject to termination deals with the dependency of the child, regardless of whether the child is a minor, emancipated, or an adult.” Doerrfeld v. Konz, 524 So. 2d 1115 – Fla: Dist. Court of Appeals, 2nd Dist. 1988 “Both the common law and statutory law impose upon a parent a duty of support for an adult dependent child who, because of mental or physical incapacity beginning prior to the child reaching majority, is unable to support herself.” Brown v. Brown, 714 So. 2d 475 – Fla: Dist. Court of Appeals, 5th Dist. 1998 Child support can continue “for a dependent person beyond the age of 18 years when such dependency is because of a mental or physical incapacity which began prior to such person reaching majority or if the person is dependent in fact” Fla. Stat. Sec. 743.07(2) A “dissolution court has jurisdiction to consider a petition to extend child support for a dependent child past [their] eighteenth birthday when the petition was filed before the child reached majority.” PHAGAN EX REL. LDP v. McDuffee, Fla: Dist. Court of Appeals, 5th Dist. 2020 (emphasis mine) If the child’s disability becomes apparent (or only addressed) after the child’s 18th birthday, an independent petition for support must be filed. When “the [parent] has fulfilled his child support obligation as adjudicated in the divorce decree, an independent action must be brought to adjudicate the father’s support obligation for an adult dependent child. The circuit court is the proper court for such adjudication. Such cause of action belongs not…to the [other parent] (by way of a modification action) but rather belongs to the dependent person, who may bring the action in accordance with Rule 1.210(b), Florida Rules of Civil Procedure. Indeed, the mother, as well as the father, is a potential defendant in the support action.” Brown v. Brown, 714 So. 2d 475 – Fla: Dist. Court of Appeals, 5th Dist. 1998 Child Support Arrearages After A Child Turns 18 When a child turns 18, any child support owed for the years past…are still owed. “Upon emancipation of a minor child, the support-dependent parent is not magically reimbursed for personal funds spent nor debts incurred due to nonpayment of child support. Hardships suffered by a family do not disappear. A family’s feelings of indignation from abandonment by the nonpaying parent or from past reliance on public assistance are not forgotten. Society’s interest in ensuring that a parent meets parental obligations must not be overlooked simply because the child has attained the age of majority. The support obligation does not cease; rather it remains unfulfilled. The nonpaying parent still owes the money…a judgment for support arrearages is enforceable by contempt proceedings after a child has reached the age of majority… emancipation does not extinguish a support-obligated parent’s responsibility to pay the past due support.” Gibson v. Bennett, 561 So. 2d 565 – Fla: Supreme Court 1990 While supporting a child probably never ends, child support definitely ends. If you would like to learn more about terminating child support at the right time, contact my Naples, Florida family law firm to speak with an experienced Florida divorce lawyer. Via https://divorceattorneynaplesfl.com/florida-child-support-after-age-18/
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Divorce is hard. In fact, it’s devastating. While some people distract themselves by throwing themselves into their work, others let their work suffer while they go through the divorce process. So, your spouse may indeed be reflecting this life change in his or her financial situation.… And that’s the only thing positive I will say about a situation like this. I’ve seen it hundreds of times. Parties file for divorce and everyone learns that the lower your income is, the higher the alimony you receive or the lower the alimony you will pay. Someone (often both) will suddenly have a financial crisis…especially when they control their own salary. Even when they don’t control their own salary, a new job becomes available that happens to pay less but “has more potential.” Well, I don’t buy it and neither does anyone else. The problem is…how do you prove that the lack of funds is a choice? You can’t very well wait outside your spouse’s store and ask passer-byes “why aren’t you going in?” Luckily, there’s a solution to this problem in the Florida courts: Nominal permanent alimony. Alimony requires that the parties have both a need for alimony and a capacity to fund that need. When the requirement of “capacity” is not available at the immediate moment that the divorce is being finalized, the courts may award nominal permanent alimony. Nominal alimony will often look like this: “Wife is awarded nominal permanent alimony of $ 1 a year from Husband perpetually and permanently.” Why make an award of one dollar? Because, that way, you can come back on a motion to modify alimony once the ruse of low income is done (and it always ends). The reason you need some kind of alimony to modify alimony is that there is a rule in Florida that you cannot ask for alimony after a divorce if alimony was not initially granted in the final divorce documents. Nourse v. Nourse, 948 So. 2d 903, 904 (Fla. 2d DCA 2007) You don’t even need to say to the court that your spouse is trying to manipulate his or her income for alimony purposes. You can just claim that your spouse is “disabled and you hope they recover promptly.” In my experience, whenever you put an accusation in writing, you should say it as nicely as possible. Whenever you’re ready, or usually after you’ve received your ex-spouse’s taxes and W2s a year or two later per court order, you can file a motion to modify maintenance. If the income is higher (usually 20% is what the courts are looking for) that will qualify as a substantial change of circumstances per the statute and you can get the alimony you deserve. Fla. Stat. Sec. 61.08(8) 
How do you avoid an order of nominal permanent alimony and the threat of alimony payments for the rest of your life? Simple, offer something in exchange. Offer a bigger proportion of the marital estate. Offer lump-sum alimony. Everything is negotiable in a divorce! It’s like I say to every client regarding financial issues, “You can always make more money.” Of course, this is all easier said than done. Find out how it’s done by contacting my Naples, Florida family law firm and scheduling a free consultation. Via https://divorceattorneynaplesfl.com/my-spouse-is-pretending-he-she-doesnt-make-any-money-to-avoid-paying-alimony-what-can-i-do-in-the-naples-florida-courts-to-stop-this/ Almost every Florida divorce has the possibility of an alimony award from one spouse to the other. “In a proceeding for dissolution of marriage, the court may grant alimony to either party.” Fla. Stat. Sec. 61.08(1) Alimony is awarded in a Florida divorce “[i]f 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” Fla. Stat. Sec. 61.08(2) If the ex-spouse receiving alimony moves in with a boyfriend, girlfriend or gets remarried, the presumption is that the new partner is now supporting the ex-spouse…so the old ex-spouse is automatically relieved of their obligation to pay alimony. This is not the case under Florida law. Cohabitation Is A Basis For Modifying Alimony After A Florida Divorce Florida’s statutes and case law allow for a modification of alimony if the alimony-receiving ex-spouse is cohabitating with someone. In lieu of relying strictly on cohabitation, Florida law investigates the broader concept of “a supportive relationship.” “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.” Fla. Stat. Sec. 61.14(1)(b) The burden to prove a supportive relationship rests with the person trying to reduce or terminate alimony (the alimony payor). “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.” Fla. Stat. Sec. 61.14(1)(b) Preponderance of the evidence is “[t]he greater weight of the evidence, not necessarily established by the greater number of witnesses testifying to a fact but by evidence that has most convincing force; superior evidentiary weight that, though not sufficient to free the mind wholly from all reasonable doubt, is still sufficient to incline a fair and impartial mind to one side of the issue rather than the other.” Black’s Law Dictionary (11th ed. 2019) Proving a supportive relationship can require any kind of evidence: photos of a car outside a house night after night, credit card receipts showing expenses that have and have not been paid, and/or the deposition of the new partner. The Florida statute lays out eleven factors that a court can consider to establish if a supportive relationship exists. “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.” Fla. Stat. Sec. 61.14(2) Proving a supportive relationship is a loosey goosey concept that, fundamentally, only requires proving some kind of change. “Although the supportive relationship concept is specifically defined by statute, it is in essence a substantial change in circumstances.” Baumann v. Baumann, 22 So. 3d 719 – Fla: Dist. Court of Appeals, 2nd Dist. 2009 The standard of a change in circumstances is that simple. Alimony can be modified if “the circumstances or the financial ability of either party changes.” Fla. Stat. Sec. 61.14(1)(a) “To obtain a modification under section 61.14(1)(a), the trial court must make a determination that: (1) there was a substantial change in circumstances; (2) the change was not contemplated at the time of the final judgment of dissolution; and (3) the change is sufficient, material, involuntary, and permanent in nature.” Murphy v. Murphy, 201 So. 3d 18 – Fla: Dist. Court of Appeals, 3rd Dist. 2013 If the change in circumstances is cohabitation. An even simpler equation is considered. “To find a sufficient change in circumstances to warrant a reduction or the termination of alimony based on cohabitation, a trial court is required to consider whether either of the following two factors is present: “[1] whether the cohabitant provides support to the recipient spouse, or [2] whether the recipient spouse contributes to the support of the cohabitant.” Murphy v. Murphy, 201 So. 3d 18 – Fla: Dist. Court of Appeals, 3rd Dist. 2013 Proving The Level Of Support During Cohabitation In Order To Modify Alimony In Florida If a supporting relationship exists, the supported ex-spouse should be the one to explain to the court the extent of the support. “Since the Former Wife is the better source with regard to her financial needs, the burden is on her as the recipient to demonstrate that her financial need as originally established upon dissolution continues to exist despite the existence of the supportive relationship.” Baumann v. Baumann, 22 So. 3d 719 – Fla: Dist. Court of Appeals, 2nd Dist. 2009 Once the cohabitation and the contribution are established, the court has the power to modify the alimony to a more appropriate alimony amount (possibly nothing). “The trial court must make factual findings and determine whether those facts establish a “supportive relationship.” This determination requires an interpretation of the statute and an application of the law to the facts. If the trial court concludes that a “supportive relationship” exists, it has the discretion to reduce or terminate the alimony obligation.” Gregory v. Gregory, 128 So. 3d 926 – Fla: Dist. Court of Appeals, 5th Dist. 2013 Further tests of how to prove a supportive relationship and reduce alimony have been proposed by various Florida courts. “To address a petition for the reduction or termination of alimony under section 61.14(1)(b), the circuit court must employ an analysis that may involve four steps. First, the circuit court must “elicit the nature and extent of the relationship in question.” § 61.14(1)(b)(2). To accomplish this task, the circuit court must consider and make findings concerning the factors listed in section 61.14(1)(b)(2) and any other pertinent circumstances. In the second step, based on its findings, the circuit court must determine whether the facts establish a supportive relationship.. If the circuit court concludes that a supportive relationship does exist, then it must decide whether to reduce or terminate the alimony obligation. In the third step, the circuit court must consider the relevant economic factors for determining an award of separate maintenance or alimony outlined in section 61.08(2). In the fourth step, having considered the relevant economic factors, the circuit court must determine whether to reduce or terminate the Former Wife’s alimony and, if to reduce it, by how much.” King v. King, 82 So. 3d 1124 – Fla: Dist. Court of Appeals, 2nd Dist. 2012 (citations and quotes omitted). Once the supportive relationship is established by the evidence, the obvious defense is that the new partner, boyfriend, girlfriend, lover does not really help the alimony-receiving spouse that much. “The impact that a third party cohabitant’s contributions, financial or otherwise, may have on the former spouse’s need is merely a relevant consideration as to whether to reduce or terminate alimony after a determination is made that a supportive relationship exists.” Murphy v. Murphy, 201 So. 3d 18 – Fla: Dist. Court of Appeals, 3rd Dist. 2013 “Certainly, if a payor spouse establishes that the recipient spouse is being totally supported by another, a “supportive relationship” likely exists… In determining what level of partial support is required to establish a “supportive relationship”…the question of whether the parties were supporting each other turned on whether either party benefited financially from the contributions of the other” Buxton v. Buxton, 963 So. 2d 950 – Fla: Dist. Court of Appeals, 2nd Dist. 2007 Alimony will not be modified if a “trial court [finds] that [a wife] was in a supportive relationship, but also made detailed and extensive findings that the relationship had no net effect on her need for alimony.” Overton v. Overton, 92 So. 3d 253 – Fla: Dist. Court of Appeals, 1st Dist. 2012 The analysis doesn’t need to be that mathematical to terminate alimony. For example, “a ten-plus-year relationship in which the[ new couple] share a house, a bed, all household chores, and all household expenses. Both their social lives and their living expenses are interdependent. [Lack of evidence of support is not enough] to outweigh the other evidence showing that the relationship is the equitable equivalent of a remarriage.” Buxton v. Buxton, 963 So. 2d 950 – Fla: Dist. Court of Appeals, 2nd Dist. 2007 The law in Florida does not consistently require the payee ex-spouse to prove they need alimony after a supportive relationship is proven. The 4th district says a supportive relationship requires a modification of alimony. If there is an “affirmative finding by the trial court that the former wife is in a supportive relationship, some reduction, if not termination, in alimony is warranted.” French v. French, 4 So. 3d 5 – Fla: Dist. Court of Appeals, 4th Dist. 2009 Additional Considerations When Modifying Alimony After Proving Cohabitation In Florida Obviously, only the alimony receiver’s supportive relationship matters for the purposes of reducing or terminating alimony. The alimony payor’s new relationships are irrelevant. “[F]or purposes of the alimony statute, a supportive relationship refers only to a payee’s relationship, not to a payor’s. [T]he “supportive relationship” concept is relevant only to the payee spouse’s need for alimony.” Morrell v. Morrell, 113 So. 3d 857 – Fla: Dist. Court of Appeals, 2nd Dist. 2012 To avoid the complicated process of proving a supportive relationship and the subsequent extent of that support, the parties can contract for specific terms upon which alimony will reduce or cease. A contracted requirement for cohabitation terminating alimony is much clearer for all parties than the Florida statute and case law. “[I]f the language of the agreement `indicates a clear intention by the parties that the agreed-upon provisions for alimony would be controlling, and that its terms would be modifiable only as authorized therein,’ then the language is sufficient to operate as an implied waiver of any other ground for modification.” Cunningham v. Cunningham, 499 So.2d 880, 882 (Fla. 1st DCA 1986) “Courts in [Florida] have long recognized that the statutory right to petition for modification of an alimony award may be intentionally or impliedly waived and that the waiver may be stated in express terms or through interpretation of the agreement as a whole.” Smith v. Smith, 110 So. 3d 108 – Fla: Dist. Court of Appeals, 4th Dist. 2013 People often get into supportive relationships before they are finally divorced. You cannot modify alimony based on a supportive relationship that already existed at the time of the last alimony order. A modification of alimony “can only be based on changed conditions occurring since entry of the prior award or modification thereto.” Ferguson v. Ferguson, 921 So.2d 796, 797 (Fla. 5th DCA 2006) Any motion to modify alimony is only retroactive to the date of filing. “[T]he 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” Fla. Stat. Sec. 61.14(1)(a) If the parties contracted in their marital settlement agreement for the alimony to end upon cohabitation…the alimony ends upon cohabitation not upon the filing date. “[C]ohabitation clause which allows for the termination of alimony for cohabitation can be applied retroactively and require repayment.” Singer v. Singer, 38 So. 3d 889 – Fla: Dist. Court of Appeals, 4th Dist. 2010 A supportive relationship’s existence does not automatically bar an increase in alimony. “If there is a change of circumstances either party may apply for an increase or decrease in alimony.” Linstroth v. Dorgan, 2 So. 3d 305 – Fla: Dist. Court of Appeals, 4th Dist. 2008 (emphasis mine) “[M]odification require[s] evidence of both cohabitation and a change in circumstances concerning the recipient spouse’s needs.” Buxton v. Buxton, 963 So. 2d 950 – Fla: Dist. Court of Appeals, 2nd Dist. 2007 Every modification of alimony goes to a full hearing. After all, what does the cohabitating alimony-receiving spouse have to lose? So, be prepared to investigate and argue whether cohabitation exists and to what extent the new roommate/boyfriend/girlfriend/spouse pays towards this new relationship. To discuss modifying alimony due to cohabitation, contact my Naples, Florida family law firm to speak with an experienced Florida divorce attorney. Via https://divorceattorneynaplesfl.com/cohabitation-and-alimony-in-florida/ When two parents get divorced in Florida, one parent inevitably leaves the house and the kids. Those kids still need food, clothing and shelter. The parent who has left has an obligation to support their children. The parent who has the kids does not need to wait until the divorce is finalized to ask for child support. The parent who has the children can ask for temporary child support from the other parent during the pendency of a Florida divorce. Motions for temporary child support work using the exact same legal principles as when permanent child support is decided when a Florida divorce is finalized. Child support in Florida is determined by “the guidelines.” “[C]hild support guidelines …we conclude, are applicable to temporary support orders.” Burkhart v. Burkhart, 620 So.2d 225, 226 (Fla. 1st DCA 1993) How Is Child Support Determined In Florida Normally, child support is decided by using “child support guidelines.” “The following principles establish the public policy of the State of Florida in the creation of the child support guidelines: (1) Each parent has a fundamental obligation to support his or her minor or legally dependent child. (2) The guidelines schedule is based on the parent’s combined net income estimated to have been allocated to the child as if the parents and children were living in an intact household. (3) The guidelines encourage fair and efficient settlement of support issues between parents and minimizes the need for litigation.” Fla. Stat. Sec. 61.29 What are the Florida child support “guidelines?” “The child support guideline amount as determined by this section presumptively establishes the amount the [judge] shall order as child support in an initial proceeding for such support or in a proceeding for modification of an existing order for such support…This requirement applies to any living arrangement, whether temporary or permanent.” Fla. Stat. Sec. 61.30(1)(a) The inputs for the guidelines are both parents’ incomes. “In calculating child support, a trial court must determine each parent’s income. To ascertain the presumptive minimum amount of monthly child support, the Florida Legislature devised the child support guidelines, which take into account “combined monthly available income” and the number of children.” Shaw v. Nelson, 4 So. 3d 740 – Fla: Dist. Court of Appeals, 1st Dist. 2009 The combined monthly net income then refers to an amount that is presumed to be the cost of raising the child(ren). “Combined Child or Monthly Net Children Income One Two Three Four Five Six [by way of example] 5,000 1,000 1,551 1939 2188 2387 2551” – Fla. Stat. Sec. 61.30(6) “Each parent’s actual dollar share of the total minimum child support need shall be determined by multiplying the minimum child support need by each parent’s percentage share of the combined monthly net income.” Fla. Stat. Sec. 61.30(10) So, in the above scenario where the parents make $ 5,000 net income jointly, but Dad makes $ 3000 and Mom makes $ 2000, Dad would pay $930.60 ($1,551 * .6) to Mom if Mom had full custody. If Dad was exercising a lot of parenting time, the amount would be adjusted. “Whenever a particular parenting plan, a court-ordered time-sharing schedule, or a time-sharing arrangement exercised by agreement of the parties provides that each child spend a substantial amount of time with each parent, the court shall adjust any award of child support, as follows: 1. In accordance with subsections (9) and (10), calculate the amount of support obligation apportioned to each parent without including day care and health insurance costs in the calculation and multiply the amount by 1.5. 2. Calculate the percentage of overnight stays the child spends with each parent. 3. Multiply each parent’s support obligation as calculated in subparagraph 1. by the percentage of the other parent’s overnight stays with the child as calculated in subparagraph 2. 4. The difference between the amounts calculated in subparagraph 3. shall be the monetary transfer necessary between the parents for the care of the child, subject to an adjustment for day care and health insurance expenses.” Fla. Stat. Sec. 61.30(11)(b) No need to go through this next mathematical step. Just understand it and use Family Law Software to calculate child support down to the penny. Special Considerations For Temporary Child Support In Florida Child support is based on both parents’ net incomes. In order to get temporary child support, you must disclose your income to the court and the other parent. “In any proceeding for temporary financial relief heard within 45 days of the service of the initial pleading or within any extension of the time for complying with mandatory disclosure granted by the court or agreed to by the parties, the following documents must be served on the other party: (1) A financial affidavit in substantial conformity with Florida Family Law Rules of Procedure Form 12.902(b) if the party’s gross annual income is less than $50,000, or Florida Family Law Rules of Procedure Form 12.902(c) if the party’s gross annual income is equal to or more than $50,000. This requirement cannot be waived by the parties. The affidavit must also be filed with the court. (2) All federal and state income tax returns, gift tax returns, and intangible personal property tax returns filed by the party or on the party’s behalf for the past year. A party may file a transcript of the tax return as provided by Internal Revenue Service Form 4506 T in lieu of his or her individual federal income tax return for purposes of a temporary hearing. (3) IRS forms W-2, 1099, and K-1 for the past year, if the income tax return for that year has not been prepared. (4) Pay stubs or other evidence of earned income for the 3 months before service of the financial affidavit.” Fla. Fam. L. R. P. 12.285(d) These disclosures should be served on the other parent with your motion for temporary child support. “The party seeking relief must serve the required documents on the other party with the notice of temporary financial hearing” Fla. Fam. L. R. P. 12.285(b)(1)(A) The financial affidavit is the only document that MUST be completed and tendered in order for a hearing on temporary child support to proceed. “Temporary support issues cannot always await full discovery or the preparation of an expert’s opinion.” Ghay v. Ghay, 954 So. 2d 1186 – Fla: Dist. Court of Appeals, 2nd Dist. 2007 “A temporary support order is often required at the beginning of the dissolution action, before the parties have had an opportunity to complete discovery. Given the urgency of some of these matters, the order is often based upon an abbreviated hearing and limited evidence.” Dent v. Dent, 851 So.2d 819, 821 (Fla. 2d DCA 2003) For temporary support hearings“the trial court must take the financial affidavits and the other evidence presented and make the best determination it can on the available evidence.” Blum v. Blum, 769 So. 2d 1142 – Fla: Dist. Court of Appeals, 4th Dist. 2000 The court’s decision to award child support usually happens months after the motion for temporary child support was filed. The court will award a retroactive amount of temporary child support going back to when the motion for temporary child support was filed. A Florida divorce court must “award retroactive support…where there is a need for child support and an ability to pay.” Leventhal v. Leventhal, 885 So.2d 919 (Fla. 3d DCA 2004) The retroactive child support is mandatory…but it never goes back further than when the motion for temporary child support was filed. “It is error to award child support which is retroactive to a date prior to a request for modification of an order which previously addressed child support.”); Wertheim v. Wertheim, 667 So.2d 331, 332 (Fla. 1st DCA 1995) Temporary child support orders are often affected by the fact that the children still live in the home the other spouse is paying towards. An absent parent who pays bills for the children will be given a credit for those bills towards the child support that they owe. “When one party pays the mortgage payment or housing expenses of another party, it is considered an in kind contribution for purposes of the child support guidelines” Bond v. Bond, 224 So. 3d 874 – Fla: Dist. Court of Appeals, 2nd Dist. 2017 “Income [for the purposes of child support] shall be determined on a monthly basis for each parent…including… Reimbursed expenses or in kind payments to the extent that they reduce living expenses.” Fla. Stat. § 61.30(2)(a)(13) Temporary child support is handled a little loosely compared to the final child support order because all temporary order can be undone and/or corrected as more accurate information about the parties’ incomes and parenting schedule is made available to the court. “In addition, temporary support orders are, obviously, temporary. They do not create vested rights, and they can be modified or vacated at any time by the circuit court while the litigation proceeds. If further discovery reveals that a temporary support order is inequitable or based upon improper calculations, any inequity can usually be resolved in the final judgment, after a full and fair opportunity to be heard.” Ghay v. Ghay, 954 So. 2d 1186 – Fla: Dist. Court of Appeals, 2nd Dist. 2007 (citations omitted) If you need temporary child support during your Florida divorce, contact my Naples, Florida family law firm to speak with an experienced Florida divorce attorney. Via https://divorceattorneynaplesfl.com/temporary-child-support-in-a-florida-divorce/ You are going to have to pay your divorce lawyer something for them to start working on your Florida divorce. If you do not have sufficient money to pay your attorney beyond your initial retainer (and you cannot or will not settle) you can ask a Florida divorce court to have your spouse pay your divorce lawyer’s additional attorney’s fees while your divorce is still proceeding. “The court may from time to time, after considering the financial resources of both parties, order a party to pay a reasonable amount for attorney’s fees, suit money, and the cost to the other party of maintaining or defending any proceeding under this chapter, including enforcement and modification proceedings and appeals.” Fla. Stat. § 61.16(a) Temporary attorney’s fees are no different than requesting final attorney’s fees. Temporary attorney’s fees are just requested at a different time per the statute’s instructions that the court may order attorney’s fees from “time to time.” “The appropriate inquiry — whether one spouse has a need for suit money and the other has the ability to pay — is the same whether the fees requested are temporary or final.” Robbie v. Robbie, 591 So.2d 1006, 1009 (Fla. 4th DCA 1991) Attorney’s fees are awarded in a Florida divorce based on the test of whether one party needs the money for fees and the other party has the ability to pay those needed attorney’s fees. “The primary considerations for an award of attorney’s fees under section 61.16, Florida Statutes, are the party’s need and the other party’s ability to pay.” De La Piedra v. De La Piedra, 243 So. 3d 1052 – Fla: Dist. Court of Appeals, 1st Dist. 2018 The formula for temporary attorney fees is not so simple as the needs vs. ability to pay test that determines whether temporary alimony is awarded. “[S]ection 61.16(1), Florida Statutes (2021), requires a court to consider the financial resources of both parties when ordering [attorney’s] fees.” Hasson v. Hasson, 339 So. 3d 1006 – Fla: Dist. Court of Appeals, 4th Dist. 2022 “Under the statute, the primary factor to be considered in determining whether to award attorney’s fees and costs to one party is the relative financial resources of the parties.” DiNardo v. DiNardo, 82 So. 3d 1102 – Fla: Dist. Court of Appeals, 2nd Dist. 2012 “[T]he resources of the parties should not be the only consideration when evaluating whether to grant attorney’s fees.” Hoff v. Hoff, 100 So. 3d 1164 – Fla: Dist. Court of Appeals, 4th Dist. 2012 When determining the “financial resources of the parties” a Florida divorce court must determine the parties’ income as well as their assets. “The extent of the parties’ incomes from all sources and the reasonable income-earning abilities of the parties[] are essential parts of the equation… in determining the parties’ comparable financial circumstances, to justify or deny an attorney’s fee and costs to the spouse with less resources.” Brock v. Brock, 690 So.2d 737, 742 (Fla. 5th DCA 1997) A Florida divorce court can also determine whether the attorney’s fees will be put towards a justifiable purpose…not just to exacerbate more litigation. “Section 61.16 constitutes a broad grant of discretion, the operative phrase being “from time to time.” The provision simply says that a trial court may from time to time, i.e., depending on the circumstances surrounding each particular case, award a reasonable attorney’s fee after considering the financial resources of both parties. Under this scheme, the financial resources of the parties are the primary factor to be considered. However, other relevant circumstances to be considered include factors such as the scope and history of the litigation; the duration of the litigation; the merits of the respective positions; whether the litigation is brought or maintained primarily to harass (or whether a defense is raised mainly to frustrate or stall); and the existence and course of prior or pending litigation.” Rosen v. Rosen, 696 So.2d 697 (Fla. 1997) The attorney’s fees must not only be for a reasonable purpose, the attorney’s fees must be reasonable in amount. “The trial court must `not only determine that one spouse has a need for suit money and the other has the ability to pay, but also that the temporary attorney’s fees and costs awarded are reasonable.'” Safford v. Safford, 656 So.2d 485, 486 (Fla. 2d DCA 1994) (quotations and citations omitted) “[I]n awarding attorney’s fees, lower courts must make specific findings as to the hourly rate and number of hours expended.” Erskine v. Erskine, 262 So. 3d 223 – Fla: Dist. Court of Appeals, 1st Dist. 2018 The income, assets, resources of the parties, and the attorney’s fees must all be proven via testimony and exhibits in order to get an order for temporary attorney’s fees. “The award [of temporary attorney’s fees] must be supported by competent, substantial evidence.” Hasson v. Hasson, 339 So. 3d 1006 – Fla: Dist. Court of Appeals, 4th Dist. 2022 Temporary attorney’s fees do not exist in a vacuum. Most spouses who ask for temporary attorney’s fees also ask for alimony and/or child support simultaneously. In fact, the statute for temporary alimony allows the spouse to ask for attorney’s fees (“suit money”) at the same time. “In every proceeding for dissolution of the marriage, a party may claim alimony and suit money in the petition or by motion, and if the petition is well founded, the court shall allow a reasonable sum therefor. If a party in any proceeding for dissolution of marriage claims alimony or suit money in his or her answer or by motion, and the answer or motion is well founded, the court shall allow a reasonable sum therefor.” Fla. Stat. § 61.071 An award of alimony, if significant, usually makes the spouse asking for attorney’s fees…now capable of paying their own attorney’s fees. A spouse’s “ability to pay [their] temporary attorney’s fees [is impacted by] any retroactive [lump sum] support award” Hoffman v. Hoffman, 127 So. 3d 863 – Fla: Dist. Court of Appeals, 2nd Dist. 2013 When “the trial court has equalized incomes through its alimony award, the trial court abuses its discretion in awarding attorney’s fees.” Galligar v. Galligar, 77 So.3d 808, 813 (Fla. 1st DCA 2011) Furthermore, courts want the parties to be paying their own attorneys from their own funds (or funds awarded directly to them) in order to not provoke unnecessary litigation. “If a person is required to bear at least a portion of his or her attorney’s fees, that person is more likely to be a responsible, conservative consumer of legal services.” Von Baillou v. Von Baillou, 959 So. 2d 821 – Fla: Dist. Court of Appeals, 4th Dist. 2007 At the end of the final hearing (the trial), a Florida divorce court can again assess the final financial resources of the parties after alimony, child support and assets have divided. “The trial court should determine the relative financial positions of the parties as of the time of the entry of the final judgment dissolving the marriage.” DiNardo v. DiNardo, 82 So. 3d 1102 – Fla: Dist. Court of Appeals, 2nd Dist. 2012 This is cold comfort to the divorce client who needed his or her lawyer’s trial retainer paid before they would appear at the final hearing. Asking for your spouse to pay your attorney’s fees during a divorce is like asking your opponent to give you a bigger gun before a duel. Your spouse is not going to want to give you the resources you need to challenge them in a Florida divorce court. You are going to have to request that the Florida divorce court force them to pay your attorney’s fees before the case is over. An order for temporary attorneys’ fees will give you the leverage you need to encourage settlement or the resources you need to conduct a fair divorce trial. If you need or know you will need a temporary attorney’s fee order, contact my Naples, Florida family law firm to speak with an experienced Florida divorce attorney. Via https://divorceattorneynaplesfl.com/can-my-spouse-pay-my-attorneys-fees-during-a-florida-divorce/ When a divorce is filed in Florida, one party usually moves away. One household becomes two households. But, there is usually only one or two incomes available to support those two households. If one spouse was making the majority of the income, this means that the spouse may be expected to support their spouse on a temporary basis until the parties’ finances are sorted out. If not done, voluntarily, the party who needs the money will need to file a Motion For Temporary Alimony in order to survive until the court has determined the parties finances and long-term obligations to each other. Luckily, the standing order that a Florida divorce court issues usually resolves this issue. Standing Orders Usually Resolve Most Temporary Financial Issues In A Florida Divorce Collier County’s Uniform Standing Temporary Domestic Relations Order reads as follows: “The parties shall NOT cancel or cause to be canceled any utilities, including telephone, electric or water and sewer. The parties may spend their income in the ordinary course of their personal and family affairs. The parties shall NOT conceal, hoard, or waste jointly owned funds, whether in the form of cash, bank accounts or other highly liquid assets, except said funds can be spent for the necessities of life, but only if the parties’ regular incomes has been expended for such.” The standing order requires that all the bills continue to be paid by the person that used to pay the bills. This keeps the rent paid, insurance current and the lights on. Available marital funds in joint accounts remain available for ongoing marital expenses. The standing order goes on to explain that “[a]ny party who violates this Order will be required to render an accounting and may be later sanctioned for wasting a marital asset.” This arrangement usually leaves the non-moneyed spouse in a comfortable position without filing a motion for temporary alimony until the divorce is finalized in a few months. If the non-moneyed spouse has moved out of the marital home and/or there is no joint account flush with funds…then a motion for temporary alimony will be necessary. Temporary Alimony In A Florida Divorce Temporary alimony in Florida is referred to as “Alimony Pendente Lite” Pendente Lite is Latin for “while the action is pending” Temporary alimony is almost always requested in conjunction with temporary attorney’s fees. After all, if you cannot afford to live during your divorce…how are you going to afford your divorce attorney. So, the statute provides for both temporary alimony and temporary attorney’s fees. “Alimony pendente lite; suit money. — In every proceeding for dissolution of the marriage, a party may claim alimony and suit money in the petition or by motion, and if the petition is well founded, the court shall allow a reasonable sum therefor. If a party in any proceeding for dissolution of marriage claims alimony or suit money in his or her answer or by motion, and the answer or motion is well founded, the court shall allow a reasonable sum therefor.” Fla. Stat. § 61.071 Temporary alimony in Florida is determined how the final alimony amount will be determined. “The appropriate inquiry — need and ability to pay — is the same whether the fees requested are temporary or final” Pedraja v. Garcia, 667 So. 2d 461 – Fla: Dist. Court of Appeals, 4th Dist. 1996 “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.” Fla. Stat. § 61.08(2) “The criteria for an award of temporary alimony are the same as for permanent alimony, namely, the need of the spouse requesting the alimony and the ability of the other spouse to pay.” Stern v. Stern, 907 So.2d 701 (Fla. 4th DCA 2005) “The criteria for temporary alimony are: (1) need of the requesting spouse and (2) the ability of the other spouse to pay.” Shaw v. Shaw, 337 So. 3d 61 – Fla: Dist. Court of Appeals, 4th Dist. 2022 It is that simple. Only two things need to be proven in order for a Florida divorce court to award temporary alimony: “What are the needs of the spouse requesting to alimony?” And “Can the other spouse pay that amount?” The Needs Of The Party Requesting Temporary Alimony In A Florida Divorce “Need” is the standard of living of the spouse requesting alimony. “The correct standard by which temporary support and alimony are to be assessed balances needs, as fixed by the parties’ standard of living on the one hand, and ability to pay, on the other.” Fonderson v. Lairap, 98 So. 3d 715 – Fla: Dist. Court of Appeals, 2nd Dist. 2012 While in the process of divorce, a parties needs are in flux. A party will need to testify as to their current and anticipated needs with specificity. An “award [of alimony can be] based, in significant part, on “anticipated” household expenses [a spouse] testifie[s they] would incur [in the future]” Ard v. Ard, 208 So. 3d 1288 – Fla: Dist. Court of Appeals, 1st Dist. 2017 A Florida divorce court will look at the standard of living of each party today, not the standard of living the parties enjoyed as a couple. After all, the divorcing parties are no longer a couple. “[T]he previous course of conduct of the parties is not the correct standard for assessing a temporary …award.” Fields v. Fields, 533 So.2d 922, 924 (Fla. 2d DCA 1988) The Ability To Pay Temporary Alimony In A Florida Divorce The party requesting temporary alimony is usually more constrained by the other party’s ability to pay than proving their actual needs. After all, the parties used to live as one household and now they live as two (presumably more expensive) households. A Florida court must determine what the net income is for each party in order to meet the needs of the party requesting temporary alimony. “[T]he law requires the court to make a finding of net income when fashioning temporary relief.” Meldrum v. Bergamo-Meldrum, 281 So. 3d 504 – Fla: Dist. Court of Appeals, 4th Dist. 2019 If the money is not available to meet the needs of the party requesting temporary alimony…that alimony will not be awarded. “If an award is in excess of a party’s ability to pay, then it is not supported by competent, substantial evidence, and a trial court abuses its discretion by ordering such an award.” Buchanan v. Buchanan, 225 So.3d 1002, 1003 (Fla. 1st DCA 2017) “[A] trial court cannot enter a temporary [financial] award that exceeds or nearly exhausts a party’s income” Clore v. Clore, Fla: Dist. Court of Appeals, 5th Dist. 2013 Other reasonable obligations that must be paid first will reasonably considered as impacting a spouse’s ability to pay temporary alimony. “The trial court must take alimony and child support payments into account when determining whether the party has the ability to pay.” De La Piedra v. De La Piedra, 243 So. 3d 1052 – Fla: Dist. Court of Appeals, 1st Dist. 2018 Of course, some people (especially in Florida) live off their assets and not their incomes. If parties are living beyond their means by spending assets NOT income, the rule that you cannot ask for support or fees beyond the other parties’ income can be broken. “Where the parties’ standard of living required invading the principal of non-marital assets, the trial court must look to all the financial resources of the parties, including the invaded non-marital assets, when determining the amount of an alimony award.” Stacpoole v. Stacpoole, 856 So. 2d 1131 – Fla: Dist. Court of Appeals, 1st Dist. 2003 Funds from third-parties, such as parents and/or friends will not be considered when determining either party’s ability to support themselves or their soon-to-be-ex-spouse. “[T]he general rule is that the trial court may only consider the financial resources of the parties and not the financial assistance of family or friends.'” Rogers v. Rogers, 824 So.2d 902, 903 (Fla. 3d DCA 2002) (citations and quotations omitted) “The financial resources that should be considered in assessing the relative financial ability of the parties are the resources the parties have available without their having to look beyond the financial resources subject to their individual control.” Azzarelli v. Pupello, 555 So.2d 1276, 1277 (Fla. 2d DCA 1989) The Requirements Of A Temporary Alimony Hearing In A Florida Divorce The biggest difference between a hearing for temporary alimony and a final alimony hearing is the amount of information that is available to the court. After all, discovery probably has not even started yet. “Given the urgency of some of these matters, the order is often entered based upon an abbreviated hearing and limited evidence. The court often has little more than the parties’ financial affidavits to guide it in calculating support. These forms can be complicated to fill out accurately, particularly for pro se parties or parties who are unable to review the affidavit with their counsel in detail prior to the temporary hearing. As the case progresses, the developing evidence or changes in the parties’ financial circumstances may reveal inequities or errors in the prior support awards that require adjustment in the final analysis.” Dent v. Dent, 851 So. 2d 819 – Fla: Dist. Court of Appeals, 2nd Dist. 2003 This urgency does not mean that the parties’ attorneys can just argue their points based on filed financial affidavits. “[U]nsworn representations by counsel about factual matters do not have any evidentiary weight in the absence of a stipulation.” Daughtrey v. Daughtrey, 944 So.2d 1145, 1148 (Fla. 2d DCA 2006) Parties to a Florida divorce who are requesting alimony or denying alimony have to testify to their needs and incomes. The need for “substantial competent evidence” is mandatory. A Florida court cannot “ball park” temporary alimony at a round number. “Although awards of temporary alimony are within the trial court’s broad discretion, the record must contain competent, substantial evidence to support the trial court’s ruling.” de Gutierrez v. Gutierrez, 19 So.3d 1110 (Fla. 2d DCA 2009) For example, “The evidence presented established that Former Husband has monthly expenses of $5,342 and an imputed monthly net income of $1,191. Thus, the evidence shows that Former Husband needs $4,151 per month in alimony, not the $7,500 per month awarded by the trial court.” Fortunoff v. Morris, 197 So. 3d 128 – Fla: Dist. Court of Appeals, 4th Dist. 2016 Furthermore, because temporary alimony awards are often made simultaneously with child support awards, Florida divorce courts must adequately distinguish between the two different support awards. It is improper for a Florida divorce court to fail “to identify which share of the award [is] for child support and which [is] intended to be alimony.” Blum v. Blum, 769 So.2d 1142, 1143 (Fla. 4th DCA 2000 It is an “error for a trial court to award undifferentiated spousal and child support rather than calculating the amounts separately.” Shaw v. Shaw, 337 So. 3d 61 – Fla: Dist. Court of Appeals, 4th Dist. 2022 Likewise, retroactive awards of temporary maintenance (the time between filing the motion for the temporary maintenance and the receipt of the temporary maintenance) require sufficient proofs to establish the needs and ability to pay during that time frame. Awarding “temporary alimony retroactive to the date of separation [if the court] failed to pen findings regarding the historical needs of the wife from said date until the date of the award…requires remand.” Cura v. Cura, 299 So. 3d 1127 – Fla: Dist. Court of Appeals, 3rd Dist. 2020 Changing A Temporary Alimony Award Florida divorce courts can make temporary alimony awards as they see fit with little supervision by the appellate court. “The trial court has broad discretion over temporary relief awards.” Shaw v. Shaw, 337 So. 3d 61 – Fla: Dist. Court of Appeals, 4th Dist. 2022 “[T]emporary relief awards are among the areas where trial judges have the very broadest discretion, which appellate courts are very reluctant to interfere with except under the most compelling of circumstances.'” Bengisu v. Bengisu, 12 So.3d 283, 286 (Fla. 4th DCA 2009) Any error in temporary alimony will be corrected during the course of the divorce proceedings. “The circuit court should thus be permitted to adjust temporary support orders in domestic relations cases when the circumstances merit it.” Dent v. Dent, 851 So. 2d 819 – Fla: Dist. Court of Appeals, 2nd Dist. 2003 If the temporary support amount is wrong, do not worry. The money owed (to either side) can be fixed at the final hearing (the trial). “If further discovery reveals that a temporary support order is inequitable or based upon improper calculations, any inequity can usually be resolved in the final judgment, after a full and fair opportunity to be heard.” Ghay v. Ghay, 954 So.2d 1186, 1190 (Fla. 2d DCA 2007) Temporary alimony sets the tone for the remainder of the alimony issues in a Florida divorce case. A temporary alimony hearing will apprise the court of who has what needs and who was what capacity to pay for those needs. Beyond division of marital assets, that is the whole divorce. So, start your case with the best first impression possible. Be prepared for your temporary alimony hearing. If you would like to speak with an experienced Florida divorce attorney, contact my Naples, Florida family law firm today to schedule a free consultation. Via https://divorceattorneynaplesfl.com/temporary-alimony-in-a-florida-divorce/ While most of my previous articles describe how Florida law is applied in a divorce case. It is very difficult to describe accurately how the law is applied and when. Below, I outline the entire Florida divorce court process in summary. The actual Florida Family Law Rules Of Civil Procedure are 175 pages long and presume a great familiarity with both the underlying law and the rules of evidence. I have tried my best to distill the process down for the lay person who is going through the process. Divorce vs. Parentage Cases Married people can get divorced and unwind their relationship as to both their assets, debts, alimony and, if there are children, support and issues relating to parenting time. Non-married people are treated as though they were strangers UNLESS they had children. If non-married people had children together they use the same set of Florida family laws and procedures as married people do. Non-married people, however, can only use these laws for determining parenting time and child support What if I lived with my boyfriend or girlfriend for 20 years? There is no common law marriage or palimony in Florida. You’re either married or you’re not. What if I bought a house with my boyfriend? Then the law treats you as two people who went into a house buying business together. You’ll have to go to civil court to unwind your affairs just like two business partners would. Both types of cases start with a pleading requesting relief. A pleading is essentially a letter to the court asking the court to do something. Example: Give me a divorce, award me alimony, child support and custody of my child. Can I File My Family Law Case in Florida? You can only file your family law case in Florida if you have lived in Florida for 6 months. If you have travelled outside of Florida during those six months, the law looks to your intent. If you were travelling on business or you were on vacation, you are deemed to still be living in Florida for period that time. If you have children, you can only handle the child related aspects of your divorce in Florida in the county where the children have lived for the last six months. Filing Fees In Collier County, Florida the filing fees for a divorce are $ 408. The filing fees for a parentage action are $ 300. A party may file a petition to waive fees if they believe their income to be sufficiently low and their obligations (children) sufficiently high Service Florida describes the two parties to a family law matter as the petitioner and the respondent. This eliminates the negative context of describing the person who doesn’t file as the “defendant” After a case is filed, the respondent must be served or they may file their own appearance in the case which waives service. Service is the formal notice of the law suit whereby a process server presents the respondent with notice that they are a party to the lawsuit. Typically, a licensed process service company is hired by the petitioner but the court can appoint any non-interested person to serve the respondent. When the process server has served the respondent, the process server fills out an affidavit of service and the petitioner’s attorney files that affidavit of service with the court. More typically, the dramatic act of service is avoided by simply mailing the respondent the documents and asking them to waive service. If the respondent agrees to waive service, they have 60 days to formally reply to the divorce or parentage petition. What If You Can’t Serve The Respondent? If you have no idea where the respondent lives, works or simply is you must file an affidavit of diligent search and inquiry where you must testify that. Include rules per statute Upon filing an affidavit of diligent search and inquiry you can publish notice of your divorce or family law case in the local newspaper. This is called service by publication. Service by publication will allow you to divorce and even give you custody of the children but all other issues are reserved until the respondent is eventually served or files their appearance. What Happens If The Respondent Does Not Answer the Petition After Being Served? If the respondent has been served and they do not file anything with the court indicating that they will be part of the process after 20 days the respondent can be defaulted. A default divorce or parentage action means the petitioner gets to enter final orders as they see fit (within reason and supervision of the court) based on what they asked for in the pleading which was served. How Do I Answer A Divorce or Family Law Pleading? Every pleading needs to be answered or the respondent will be defaulted. The answer has to admit, deny or claim insufficient knowledge of each particular claim. If you don’t answer a claim, you effectively admit to that claim. While answering a claim, you can also file your own pleadings under the same case. For example, if your husband files for divorce, you can file for child support. What Can I Ask For In My Divorce or Parentage Pleading? If you are requesting a divorce, you can ask the court to award you a division of the marital assets and debts, an award of alimony, a parenting schedule and child support. If you are filing a parentage action you can only ask the court to enter a parenting schedule and an award of child support. How the court decides these matters will be addressed later in the substantive section. What Must Be Done Before The Court Decides On The Pleadings? Most parties come to an agreement on all matters through mediation and negotiation. Until that moment of agreement, there are certain requirements the courts put upon both parties to comply with what’s called “discovery.” Both parties must fill out and file a financial affidavit. The financial affidavit is a form that all family law petitioners and respondents must fill out detailing broadly their assets, debts and income. Personal information such as Social Security Numbers, Account numbers and even email addresses are not to be included in this public filing. The financial affidavit is filed publicly but all other financial documents are merely exchanged between the parties. The following MUST be exchanged between the parties unless otherwise waived: * All federal and state income tax returns, gift tax returns, and intangible personal property tax returns filed by the party or on the party’s behalf for the past 3 years. That’s a lot of information but most of it does not apply to all couples. Especially if both parties are W2 employees like most Americans are. Can I Ask The Court For Temporary Help Before the Trial? Yes. There are numerous things the court can be asked for during the pendency of your divorce or parentage action. • Temporary child support. The courts will decide these temporary issues and much more using the same fundamental family laws that the court uses to decide final matters. A temporary order is temporary and is extinguished upon the resolution of the case. Temporary injunctions are special tough. A temporary injunction allows a temporary order that a party must or must not do something if some kind of irreparable harm might happen. This can be anything from spending marital money to destroying evidence. Injunctions don’t last beyond a stated period of time. In the case of domestic, physical or sexual abuse, a temporary injunction may be renewed indefinitely. How Are My Kids Considered In a Divorce? While all the discovery matters discussed have dealt with financial issues, the children themselves may be subject to investigation to determine parenting time and custody issues. A child evaluator is an expert, usually a psychologist, appointed by the court to interview the children and issue a report on what they believe will be in the best interests of the child. Alternatively, a social investigator may be appointed by the court. A social investigator serves the same purposes as a child evaluator except their responsibilities are much more in depth. They will not only issue a report regarding the best interests of the children, they will craft parenting plans. To get into all of these details, the social investigator will visit both homes and interview everyone in the case. These reports and the testimony of the child evaluator or social investigator may be used by the courts in determining both temporary and final parenting time and parenting responsibilities. Magistrates While judges decide final divorce issues and are the only ones who can issue a divorce decree, the temporary issues are typically decided by Magistrates. Magistrates are essentially the judge’s employee. Magistrates are attorneys who follow the judge’s policies along with all the same laws that a judge would follow including the rules of evidence. This can be confusing but the court system simply can’t accommodate the many minor issues like temporary parenting time and temporary child support. So, the magistrates handle those more minor matters. If you don’t like a magistrate’s recommendation, you can reject the recommendation and go back to the judge. As you can probably guess, judges don’t like this. In fact, you can reject going to a magistrate completely and have everything done in front of a judge if you so elect. Again, judges don’t like this. If it’s an emergency matter, though, a judge will be the one who hears it. Think of the magistrate and the judge as a team you are in front of. Often, a temporary motion is a good opportunity to practice the facts of your case in front of the junior member of the team. The final orders will be the judge’s orders…but they will be colored by the temporary orders. Mediation All contested family matters in Florida may be referred to mediation. If you aren’t completely agreed, you’re going to mediation. You can use a private mediator by agreement or you can ask the county to appoint a mediator at court mandated rates. Court mandated mediation costs are as follows: $ 120 per person per scheduled session if both parties make less than $ 100,000 a year. $ 60 per person per scheduled session if both parties make less than $ 100,000 a year. While you have to go to mediation, you are not required to participate. If you decide to cross your arms and say nothing, you will have satisfied the mediation order (Please don’t do this). If you reach an agreement at mediation, the lawyers will write the agreement up. After you sign the mediated agreement, you have 10 days to reconsider. After that, you and your spouse are locked into the agreement. What If I Need More Information Than The Mandatory Disclosure Provides? If you’re this far into the case and you still haven’t settled usually there is still some kind of “unknown” out there. If you want to know something that your spouse or a third party knows, there are many tools available to your and your Florida divorce lawyer. You can issue your spouse the standard family law interrogatories. This is a list of questions the Florida Supreme Court has approved and makes a great starting point for gathering information. You can issue a request for production of documents. This is essentially a list of any document you can think of that you’d like to see that your spouse has under his or her control. You can issue a notice of production from a non-Party or a subpoena for documents to a 3rd party. If there’s a document you want and your spouse does not have it under his or her control, you or your lawyer can simply issue these requests to the person who does control the document (example: a bank) and they have to object or issue the document. Finally, you can question anyone outside of a courtroom setting but still in a lawyerly manner through a deposition. A deposition is a scheduled meeting where a lawyer can question a person under oath and have the questions recorded. Depositions allow for verification, back-and-forth conversation and lots of follow up in the relatively casual atmosphere of a lawyer’s office. Case Management Conference While all the discovery and temporary motions are getting resolved the court is likely to order a big meeting between the attorneys to get everything in the case organized. This meeting is called a case management conference. At a case management conference the court will set time limits to get various things done. If you miss the time limit, you simply won’t be allowed to do that particular thing (ex: ask for a deposition). Pretrial Before a divorce trial happens, a pretrial will be set by the court. A divorce trial is really not a “whodunnit” or even a “he said/she said” situation. Almost all of the facts will be agreed. Ex: You were married in 1988, you had two kids, you make $ 65,000 a year. A pretrial will narrow down the issues of the case and establish exactly what the agreed facts are via a stipulation of facts or an admission of facts. A pretrial allows a last-chance amendment to any pleadings based on facts that were discovered since the filing of the original pleadings. While a pretrial gears everyone up for trial, in reality, a pretrial often illicits a recommendation from the judge which encourages final settlement. How Soon Is The Trial? Each judge has their own individual calendar for scheduling trial. If you’re over 65 you can motion the court to advance the trial to the front of the line under the theory that your health may deteriorate while you wait for trial. The Trial Hardly any divorce or parentage action actually goes to trial. Mediation and negotiation resolve many if not most issues. Typically, the parties have each proposed final documents to the court if the judge requests them. The parties will have agreed to a “stipulation of facts” in which they have signed off on a list of the facts upon which both parties do agree. In the case of parentage or divorce, a shockingly high percentage of facts will be agreed to (when the couple was married, the assets, the incomes, who the children are). It is merely the application of these stipulated facts to the law which becomes contested. Example: What will alimony be? Are these assets marital or not? Who will the children live with. In fact, all of these issues will have been narrowed down at the pre-trial a few months prior so there will be no surprises at trial. Trials are conducted according to the rules of evidence. The rules of evidence are byzantine set of rules all civil lawyers use to enter evidence into the court for the court to consider. Evidence can be testimony or evidence can be physical objects like documents. In theory, the court takes in all the evidence presented and ONLY uses the evidence that has been admitted when making a final decision. Can You Have a Jury Trial In a Florida Divorce? The Florida state constitution guarantees you a jury in a civil dispute and a divorce is a civil dispute. No one ever does this, however, as it is unduly cumbersome and blatantly foolish to have 12 strangers with no experience in family law decide you and your family’s fate. What If You Disagree With The Judge? If the judge has made a ruling and you believe there has been a mistake or fraud you can file a motion bringing the issues of mistake, newly discovered evidence or fraud before the judge within a reasonable amount of time (basically, after you discovered the mistake, misrepresentation or fraud) If there has been no mistake of facts and you believe there has been a mistake in the application of the law, your only remaining option is to file an appeal asking that an appeals court review the judge’s decision. If you’d like to learn more about the Florida divorce process, contact my Naples, Florida family law firm for a free consultation with an experienced divorce lawyer. Via https://divorceattorneynaplesfl.com/the-florida-divorce-court-process-from-start-to-finish/ What are a Grandparent’s rights in Florida? For hundreds of thousands of years, children have relationships with other adults beyond their immediate parents: aunts, uncles, close friends and, of course, grandparents. Often grandparents become a “third parent” or more sadly the “second parent” if one parent is absent. In these scenarios, what happens when there is a custody dispute between the natural parent and a child’s grandparent? The Florida state legislature has passed numerous laws in order to give grandparents some kind of standing to challenge a parent’s claim that the grandparent can’t have custody or even have visitation. Every single time the Florida legislature has passed a law granting grandparents rights in Florida, the Florida Supreme Court has declared the law invalid. The reason that a grandparents’ rights cannot be granted much less enforced in Florida is that a parents rights to their children has been held to be a fundamental constitutional right under the United States and Florida constitutions. Even in a divorce decree where both parents agree that the grandparents shall have rights, it has been held that the grandparent cannot enforce those rights in Florida. Forbes v. Chapin, 917 So 2d 948 (Fla. 4th DCA 2005) The Florida courts have gone so far as to declare grandparents’ rights granted in other states unenforceable in Florida. Fazzini v. Davis, 98 So. 3d 98 (Fla. 2d DCA 2012) If a child is in the custody of someone who is not a grandparent an opportunity for grandparents rights arises. A grandparent could use the various grandparents’ rights laws to pursue visitation with the child in the custody of the non-parent. This is because the non-parent guardian does not have the fundamental constitutional rights of a parent. What about in the situation where the parent is a child herself? Can grandparents enforce their own parental rights over that teenage parent regarding the new baby? No. It has been held that the teenage mother can give the baby up for adoption without any input at all from her parents, the baby’s grandparents. Y.H. v. F.L.H., 784 So.2d 565 (Fla. 1st DCA 2001) All the teenage mother is obligated to do is to give the grandparents notice of the adoption if the child lived with them for more than six months. Fla. Stat. Sec. 63.0425 If grandparents can’t be granted rights because the parents’ rights are so fundamental then how can a parents’ rights ever be terminated…which they frequently are? There’s not a good answer for that. 
In Florida, Grandparents only have enforceable rights to their grandchildren when the parents are dead or their parental rights have been terminated by the courts. In that situation the guardianship law will control. Under guardianship law, a close relative such as a grandparent can be automatically awarded guardianship if they apply for it, “a parent, brother, sister, next of kin, or other person interested in the welfare of a minor, a guardian for a minor may be appointed by the court” Fla. Stat. Sec. 744.3021. In competing claims to a child in guardianship, blood relations are given preference. Fla. Stat. Sec. 744.312(2)(a). If a parent left in their will that they wanted a grandparent or a different person to have guardianship of the children, the court will consider that parent’s preference but will not be governed by it. The primary consideration of the court will always be “the best interests of the ward [child].” Naples, FL, Collier County is home to many retirees but the jurisdiction to exercise grandparents’ rights will be in the county the children have lived in for the last six months. In my personal experience, fighting for or against grandparents rights in court is an emotionally fraught spectacle. It is best for everyone to come to some kind of conclusion out of court through negotiations and perhaps not even an order. If you can come to a conclusion without an order, the arrangement you arrive at is likely to be treated as the status quo by the courts should you ever have a future disagreement. Contact my family law office in Naples, Florida to see how we can come to some kind of agreement between all parties and failing that, file the appropriate petitions in court. Via https://divorceattorneynaplesfl.com/what-are-grandparents-rights-in-naples-florida/ There is not an official law regarding changing the locks or keeping the house during a Florida divorce. The issue of whether one person has the right to change the locks during a divorce depends on who has exclusive possession of the marital home. Both parties to the divorce had access to the marital home because they both are residents of the home and probably both on the lease or the deed to the home. When one party files for divorce, there is not an immediate determination as to who gets to stay in the marital home. Typically, one party will move out because if you’ve filed for divorce you simply don’t want to live with the other person any longer. Even though one party may have moved out of the home, that does not mean that the party has no right to return to the marital home. The party staying in the marital home obviously does not want to be disturbed by the opposing party bursting in at any moment. Domestic Violence Injunction Or Restraining Order If there has been an incidence of domestic violence between a married couple, the victim may request from the court a domestic violence or a restraining order. This injunction or restraining order almost always includes a clause providing the victim with exclusive possession of the marital residence. The award or distribution of the marital home can then be resolved in a subsequent divorce action. Exclusive Possession Of The Marital Home Before The Divorce is Finalized After a divorce is filed and before the divorce is finalized, exclusive possession of the marital home will awarded via a motion for exclusive use and possession of the marital residence. If the parties’ have children, the exclusive possession of the marital residence will usually be granted through a motion for temporary support, time-sharing, and other relief with dependent or minor child(ren). So, if you get temporary custody of the children, you get temporary exclusive possession of the marital residence. If there are no children, a court is not likely to grant exclusive possession of a home if there has been no incidents of violence. It’s likely that the couple has been living like roommates for years before the divorce so what’s a few more months? Changing The Locks To A Marital Home Without A Court Order I cannot advise you as to whether changing the locks during a divorce is forbidden or worthwhile. Your personal safety is your concern and I won’t fault anyone for taking safety precautions that do not hurt the other party. Should you decide to change the locks to the marital home without a court order granting you exclusive possession of the marital home the following will happen.
Exclusive Possession Of The Marital Home When There Are Children The Florida statutes provide that the marital home can be awarded to the parent who has the children if it is in the children’s best interests to continue living in the home and that award is equitable (fair). Courts can consider “The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction. In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home.” Fla. Stat. Sec. 61.075(h) While this determines how the courts allocate the marital home in the final distribution of marital assets, it also provides direction as to who should hold the marital home in the interim stages of divorce. Courts can also award exclusive possession of a marital home as a substitute or supplement for child support. “a court may award exclusive use and possession of nonmarital property to a custodial parent incident to an award of child support only if it finds that the noncustodial al parent’s income is insufficient to meet the child support obligation. Mitchell v. Mitchell, 841 So.2d 564, 570 (Fla. 2d DCA 2003); Dyer v. Dyer, 658 So.2d 148, 149-50 (Fla. 4th DCA 1995). If the court elects to award the custodial parent exclusive possession, it must determine the fair rental value of the residence and include it in the custodial parent’s income for purposes of determining the amount of child support to be paid. Mitchell, 841 So.2d at 571; Dyer, 658 So.2d at 150.” Roth v. Roth, 973 So. 2d 580 – Fla: Dist. Court of Appeals, 2nd Dist. 2008 Exclusive Possession of The Marital Home When There Are No Children It’s tough to ask the court to award the whole house to one person because the default in a contested divorce is to sell all of the marital assets and distribute the value of the assets equally. A marital home can be awarded exclusively if there is a “special purpose” “The award of “exclusive possession” of property subject to disposition in a dissolution proceeding should either be directly connected to the obligation to pay support or be temporarily necessary to prevent reduction in the value of the subject property. The critical question is whether the award is equitable and just given the nature of the case. A grant of exclusive possession of property to one of the parties in a final judgment must serve a special purpose. See, e.g., McDonald v. McDonald, 368 So.2d 1283 (Fla. 1979)(a form of rehabilitative alimony for a spouse demonstrating a need); George v. George,360 So.2d 1107 (Fla. 3d DCA 1978) (aid to a child who had reached majority but who had a debilitating muscular disorder); Lange v. Lange, 357 So.2d 1035 (Fla. 4th DCA 1978) (aid to a spouse with mental problems); and Richardson v. Richardson, 315 So.2d 513 (Fla. 4th DCA 1975) (aid to a spouse with custody of minors). In each of these instances, the exclusive possession is actually a facet of support and is clearly warranted because of the equity of the cause.” Duncan v. Duncan, 379 So. 2d 949 – Fla: Supreme Court 1980 In a divorce where a house is awarded to one particular party that award is the result of an agreement between the two parties whether it is a contested or uncontested divorce. If you truly want to keep the marital home or any other property you are better off focusing on negotiating with your spouse in lieu of asking the court to award you exclusive possession of the home. To learn more about exclusive possession of a marital residence in a Florida divorce contact Naples, Florida family law attorney Russell Knight for a free consultation. Via https://divorceattorneynaplesfl.com/exclusive-possession-of-the-marital-home-in-a-florida-divorce/ Getting served with divorce papers is a dramatic event. A stranger comes to your home or work asks your name and then hands you divorce papers. Whether you knew you were going to get divorced or not, getting served divorce papers is not the most delicate of situations. If you were served with divorce papers in Naples, Florida you’ll need to know a few things. The Summons: Personal Service On An IndividualPart of the divorce papers that are served are actually called a “Summons.” A summons is a document that starts every lawsuit and alerts the Defendant/Respondent that there is a case against them. Attached to the summons should be the actual Petition for Dissolution of Marriage that outlines a summary of what the petitioner believes are the facts in the case and what the petitioner is asking the court to do based on those facts. All Florida divorce cases use the same summons form. This form has a lot of seemingly harsh language. That harsh language is there to get your attention so you should really pay attention because the dates on the form are very important. The Florida Family Law Summons reads: “A lawsuit has been filed against you. You have 20 calendar days after this summons is served on you to file a written response to the attached complaint/petition with the clerk of this circuit court. A phone call will not protect you.” 20 days is not a lot of time to do what the instructions say, that you must “file a written response.” The instructions don’t tell you what should be in the written response because that all depends on what was in the Petition for Dissolution of Marriage which is attached to the summons. The standard Florida summons does provide some instructions, though: “Your written response, including the case number given above and the names of the parties, must be filed if you want the Court to hear your side of the case. If you do not file your written response on time, you may lose the case, and your wages, money, and property may be taken thereafter without further warning from the Court. There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may call an attorney referral service or a legal aid office (listed in the phone book).” The summons provides good advice. “CALL AN ATTORNEY RIGHT AWAY.” It even tells you what to do if you don’t know an attorney. “YOU MAY CALL AN ATTORNEY REFERRAL SERVICE OR A LEGAL AID OFFICE (LISTED IN THE PHONE BOOK).” Obviously, this form is a little dated as no one uses a phone book anymore and people usually just use a search engine like Google to find an attorney referral service. The most useful local attorney referral service is the Collier County Bar Association’s Lawyer Referral program. For $ 50, you can get a 30-minute consultation with an experienced local family law attorney. This is a great deal as lawyers can charge up to $ 500 for a consultation in Naples, Florida. Upon hiring an attorney, the attorney will then prepare a written answer to the Petition for Dissolution of Marriage and file their appearance in the matter so the opposing party and their attorney know to direct all future correspondence to the attorney. You do not have to hire an attorney (despite the old adage that” the self-represented have a fool for a client”). The summons provides instructions on what to do if you file your own written response. “If you choose to file a written response yourself, at the same time you file your written response to the Court, you must also mail or take a copy of your written response to the “Plaintiff/ Plaintiff’s Attorney” named below.” If you don’t file a written response, the opposing party can file a motion for default after 20 days asking that you be held by the court to be in “default” and that the court subsequently enter a final order entering all of the items requested for in the Petition For Dissolution of Marriage. 
How To Avoid Service Of Divorce PapersAvoiding service is almost never advisable. Avoiding service just delays the inevitable. Without service and a written answer on your behalf, your spouse can use the Collier County court system while you cannot. This may mean frozen bank accounts or even ex-parte orders regarding custody of children. If you know or suspect your spouse has filed for divorce in Collier County, Florida, but you don’t want to be embarrassed by a process server approaching you at your home or work, you have a few options:
What Can Happen After I’m Served? After service, you’re now under the power of the judge’s standing order. The Collier County family law judges (as of the date of this writing) both use a standing order. There is one standing order for litigants with children and one standing order for litigants without children. For litigants with children the standing order states that “Within 60 days of the date of filing of the Petition for Dissolution of Marriage, the parties/Parents SHALL agree on a schedule for the child/children to spend time with each of them during the pendency of this Case. The parties shall reduce this schedule to writing and each sign said agreement within this 60-day period. If the parties fail to do so, at the time that one or both of them determine that they will be able to so agree (not later than the expiration of the 60-day time period), then they SHALL schedule a future hearing. If a hearing is so scheduled, the parties SHALL mediate this issue prior to this hearing (if they have not already), though the parties may obtain the hearing date prior to completing mediation.” So, if your spouse has filed for divorce in Collier County, Florida, you have to make arrangements for the children’s schedule as soon as possible. If you can’t agree you must go to a hearing or mediation within 60 days. Child support is encouraged to be paid but not ordered by the standing order until the court makes a temporary order. You absolutely cannot move with the children while a divorce case is pending. The standing order states “Neither party will remove, cause to be removed, nor permit the removal of any minor children of the parties from their current county of residence for residential purposes without the written agreement of both parties or Court order. The intent of this restriction is not to prohibit temporary travel within the State of Florida. The children shall not be taken outside of the State of Florida without the written agreement of both parties or a court order. Neither party shall apply for any passport or passport services on behalf of the children. While it is not necessary for parents to know the location of their children every minute of the day when the children are in the physical custody of the other parent, both parents are entitled to know the location and phone number where the children are living and/or spending the night when they are in the custody of the other parent.” For Collier County residents who are divorcing whether they have children or not, they must follow a series of rules to keep everything in the same status quo as of the date of filing until further order of court. “Neither party will conceal, damage, or dispose of any asset, whether jointly or separately owned, nor will either party dissipate the value of any asset (for example, by adding a mortgage to real estate) except by written consent of the parties or Court Order. The parties shall NOT cancel or cause to be canceled any utilities, including telephone, electric, water, and sewer. The parties may spend their income in the ordinary course of their personal and family affairs. The parties shall NOT conceal, hoard, or waste jointly owned funds whether, in the form of cash, bank accounts, or other highly liquid assets, except said funds can be spent on the necessities of life but only if the parties’ regular incomes have been expended for such. Any party who violates this order will be required to render an accounting and may be later sanctioned for wasting a marital asst. The court may award fewer assets to a violator of this provision to compensate the other spouse.” The standing order goes on to elaborate that retirement accounts and insurance policies must remain in place as well. If you’ve been served with divorce papers in Naples, Collier County, Florida, contact my family law firm to schedule a free consultation with an experienced divorce lawyer. Via https://divorceattorneynaplesfl.com/i-was-served-with-divorce-papers-in-naples-collier-county-florida/ |
About UsDivorce and other family law matters can be stressful. If you are considering a divorce in Florida, it is best to work with an experienced, dedicated divorce attorney. It is very important to get an attorney who can help you understand the legal implications of all your decisions and offer a supportive environment. When picking a divorce attorney, it is always best to work with someone who will help you determine your options, the next steps to take, and where you want to be at the end. Divorce Lawyer Russell Knight and his team of lawyers at The Law Offices of Russell D. Knight in Naples, Florida can help families during their most difficult time. Call us today at (239) 202-0455 to schedule a consultation. ArchivesNo Archives Categories |
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