New Bill Seeks to End Permanent Florida Alimony
Major potential changes to Florida alimony requirements are currently being debated in the
Sunshine State as House Bill 1559. The general purpose of alimony (aka spousal support) is to
provide financial assistance to one spouse to a former marriage. Florida alimony can take on a
variety of forms, including granting support until the receiving party remarries or the court
agrees. House Bill 1559 seeks to do away with the possibility of permanent alimony and make
other changes to limit the duration of Florida spousal support. Other proposed changes to Florida
alimony also seek to curb payment duration, among other things. Previous attempts at similar
versions of this bill have been vetoed in the past.
News4Jax quotes Bill supporter Rep. Anthony Rodriquez on the rationale for the proposed
Florida alimony changes, “What happens is that they will just never remarry because it’s not in
their best interests. And ultimately, it’s cheating the system.” In addition to barring permanent
alimony (unless both parties agree to it), some of the other features of House Bill 1559 include:
Presumption that 50/50 time-sharing is in the best interest of children to parents no longer
together
Alimony payment requirements extinguish when responsible party reaches full retirement
age for their job or profession
Rehabilitative alimony capped at five years
Durational alimony not to exceed half the length of the marriage absent an exception
(previously allowed for the entire duration of a marriage)
Whether you are the responsible party or the recipient, Florida alimony obligations are some of
the most contested pieces of a divorce or separation. Working with an experienced Jacksonville
family law firm helps ensure that you are getting what you need and able to move on.
Jacksonville Family Law Attorney
Moore Law, P.A. knows how to handle your alimony and other family law needs. Whether you
are seeking to establish spousal support or change your current obligations, get in touch with the
Jacksonville-based Moore Law, P.A. to discuss your needs further. Please contact us to discuss
how we can help you.
Blog
Published on April 23, 2020
ESTABLISHING PATERNITY WHEN THE MOTHER OF YOUR CHILD IS MARRIED TO ANOTHER MAN
Have you ever found yourself dating and/or engaging in a sexual relationship with a married woman? If your answer is yes, are you aware of the ramifications if the woman became pregnant.
If a woman gives birth to a child while she is legally married, her Husband will be deemed the legal father under Florida Law. This is true even if someone else is the biological father of the child. It does not matter if the biological father signed the birth certificate, nor does it matter if the Wife was separated from her Husband at the time of conception.
A legal father is defined as a man recognized by law as the male parent of a child. A biological father is a parent who has sired a child and whose genes are therefore transmitted to the child.
If you are the biological father of a child who was conceived by a married woman, there is still a chance that you can be deemed the legal father of your child. To do so, there are strict rules that must be followed to preserve your rights.
First, you will need to request that the court disestablish the legal father’s, i.e. the Husband’s, rights and request that the court establish you as the legal father. Florida Statute 742.18 governs the disestablishment of paternity. To disestablish paternity in Florida, you must file a Petition to Disestablish Paternity with the court. This petition must strictly comply Florida Statutes and include all of the necessary information for relief to be granted favorably.
Additionally, if you are the biological father and you are seeking to establish yourself as the legal father, you must also file a Petition to Establish Paternity. Again, it is necessary to include all of the relevant facts to aid the Court in granting the requested relief. It is important to be specific as possible to overcome the presumption of paternity.
Failure to include the necessary information can result in the court denying your Petition and will affect your rights to your minor child.
It is extremely important to act as quickly as possible if your find yourself in a situation where you are the biological father of a child and the Wife’s Husband is the legal father. Establishing or disestablishing paternity in Florida can be a time-consuming and complicated process. Seeking the assistance of an attorney is recommended if you or someone you know is facing this issue.
Our firm has experience in handling these matters. Should you have any questions or concerns, we would be happy to assist you. Give us a call at (904) 330-4528.