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Family Law Changes

07 Feb Family Law | Comments Off on Family Law Changes
Family Law Changes
 

Family Law in Florida changed again on June 3, 2010, with the signing of House Bill 907 by Governor Crist. The Bill made significant changes to Florida child support laws, intending that these new statutes will reduce court costs and time over child support and visitation. One of the most significant changes is how Courts calculate child support. Under the new Child Support Guidelines, any parent who has their child(ren) for at least 20% the total annual overnights receives substantial contact credit. This is a departure from the 40% standard that has been in effect for several years. The new law became effective January 1, 2011. Additional changes include:

  1. Each child support order will require a specific termination date. This means that in the case of multiple minor children, there will be a termination date inserted for the date the first child reaches the age of majority; at which time the total child support obligation changes. A termination date for majority likewise shall be in place for each child thereafter.
  2. Daycare expenses are no longer discounted 25%. A parent takes credit for 100% of daycare costs (however, the childcare tax credit will be taken into consideration when determining child support).

Interestingly, Courts may have discretionary ability to impute income to someone if they don't provide "adequate" financial information in order to calculate child support. The new law is an attempt at easing the burden on parents when a child becomes an adult and child support must be adjusted for the reduction in number of children being cared for. Under the prior Florida law, if you had several children and one turned 18 and/or graduated from high school, you would file a petition to modify child support for the remaining children. This was expensive and caused unnecessary court costs and time with numerous possible appearances. The detail and specificity of the new Orders should reduce the overall costs and time needed to establish current support orders.