Family Law

Changes In Florida Family Law That You Should Know About

Whenever a couple decides to divorce and there are children involved, family law is the standard against which their needs will be decided against. There is no more emotionally charged issue than a divorce and when it comes to the welfare of the children, clear heads must prevail. Your attorney will do battle for what you need but it is the judge who makes the final decision. In recent years, some important changes have been made to the laws in Florida and it is vital that you understand your rights under those changes.

Interested in learning how changes in family law could affect your upcoming divorce proceedings? Contact Philip Averbuck, the authority on child support, custody and alimony proceedings in Florida today.

Alimony

Also known as spousal support, the decision as to whether alimony should be awarded to either spouse under family law is dependent upon several important factors. Generally, the first thing the judge will look at is the standard of living both spouses enjoyed during the marriage, as well as what each brought to the marriage, and how long the marriage lasted. It is often meant to supplement until the former spouse can support themselves.

Proposed changes to this law will assure that permanent alimony will only be awarded on a case by case basis, and no longer will marriage length be a consideration for how long the alimony lasts. If the former spouse has an income of their own at the time of the divorce, the issue may very well be moot.

Child Custody

Always a sensitive issue to be decided, all matters concerning child custody should be determined so that it reflects the best interests of the child. The amount of caregiving, emotional support, and contributions to the health and physical welfare of the child that each parent can give should be weighed equally and fairly. One parent will be given primary custody, while the other is given visitation rights.

As of 2008 however, some parts of the old child custody law have been altered so that the ages old “tender years doctrine”, where the emotional bond between mother and child was given more weight is gone. Fathers will now be judged with equal consideration in terms of caregiving and emotional support. Visitation is now decided with shared parenting plans and time sharing of the minor child.

Child Support

The last change to be considered is not so much of a change but rather a controversy under family law in Florida. Child support is usually given to the custodial parent until such time as the child reaches adulthood. Now, there is contention as to whether college tuition help should be a part of it and whether or not it should be decided either when the child applies and attends college or be part of the original decree.