Posted by DivorceLine in Florida Divorce Procedures
Complete overview of Florida divorce laws for people considering a Florida divorce or filing a Florida divorce with issues to be resolved about child custody, child support, visitation and alimony.
In order to file your Petition for Dissolution of Marriage in Florida, you must make sure the Circuit Court has jurisdiction over your case. The most common way spouses are eligible to use a specific court system is by meeting the residency requirements. Meeting the Florida residency requirements is typically only a concern for a spouse who has recently moved or is planning to move in the near future. The filing requirements are as follows:
To obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition. The dissolution of marriage can be filed in the county in which either or both spouses reside.
(Florida Statutes – Chapters: 61.021)
Since dissolution of marriage is governed by state law, it is required that you meet specific residency requirements in order to file for a dissolution of marriage in the state of Florida. It is most common that people file for a dissolution of marriage in the county in which they live. If you are unsure of whether or not you meet the Florida residency requirements you can try contacting the Clerk’s office of the domestic relations or family law division of your county courthouse.
Florida Grounds for Divorce
The Petition for Dissolution of Marriage is the initial document filed with the Florida court. It is in this document that the filing spouse will request the court to terminate the marriage under certain specified grounds.
One of the following facts must have occured for a final judgment to be granted:
a) irretrievably breakdown of the marriage.
b) Mental incapacity of one of the spouses.
(Florida Statutes – Chapters: 61.052)
Every dissolution of marriage case that is filed in the state of Florida must declare the grounds in which the dissolution of marriage is to be granted. The grounds for dissolution of marriage must be substantiated with evidence or testimony otherwise the court may dismiss the case. When you are petitioning the court for a dissolution of marriage, or agreeing to a dissolution of marriage, make sure that you completely understand the grounds and any potential legal repercussions.
Florida Uncontested Divorce
This information is an overview of the uncontested Florida divorce filing process and a summary of the divorce papers that are typically filed with the family law or domestic relations clerk. This overview is not intended to be an exact step-by-step guide for those “do it yourself divorce” filers, due to the fact that many cases are unique and the overview presented here is often not the only method of obtaining an uncontested divorce in Florida.
Florida is one of many states that has abolished fault as a ground for divorce. In Florida, the word for divorce is dissolution.
In Florida, a dissolution requires that one or both spouses be a resident of the state for at least six months before the action begins.
By statute, dissolutions are either simplified or regular, but these actions may take one of four paths as they develop: a) simplified, b) uncontested, c) default and d) contested.
All of these routes require some of the same forms and each becomes generally more complicated.
Many couples avail themselves of the Simplified Dissolution of Marriage procedure because they can file without the assistance of a lawyer.
To use the simplified procedure, the couple must meet 10 requirements. These are:
a) One or both must be a resident of Florida for at least six months.
b) Both must agree to cooperate and sign all necessary papers.
c) Neither may have minor or dependent children. (A minor is one under 18 years. A dependent may be one over 18, but still dependent because of disability. Children from a previous marriage are not considered as long as the current spouse has not adopted them.)
d) The wife is not pregnant.
e) Both spouses have agreed about the division of assets and liabilities.
f) Neither spouse wants alimony.
g) Both spouses agree to give up the right of a trial or an appeal.
h) Both spouses agree that they do not need to provide each other with any financial information other than that which is included in the Family Law Financial Affidavit, which is one of the forms filed in this action.
i) Both appear at the court clerk’s office to sign the Petition requesting the dissolution.
j) Both spouses attend a short court hearing.
This routine begins when the couple files a Petition for Simplified Dissolution of Marriage in the Circuit Court of their county, normally the county of residence. The petition identifies the couple as husband and wife, and it is filed jointly. It states that the marriage is “irretrievably broken”; that the wife is not pregnant; that the wife does nor does not want her former name restored; that they both agree to appear at a divorce hearing; that they agree to waive rights of appeal.
The Petition is filed with a Civil Cover Sheet, a simple form which identifies the parties and describes the type of action – divorce.
Attached to the Petition are the Family Law Financial Affidavits, one for the husband and one for the wife, and the Marital Settlement Agreement, which the couple have often negotiated themselves, with or without outside help.
The Family Law Financial Affidavits are either the short or long form, depending on whether a spouse has an annual income of $50,000 or less (short form) or $50,000 or more (long form).
The Marital Settlement Agreement identifies the assets and liabilities of the husband and wife and the division and distribution of all property, and it may include additional sheets dealing with the particular circumstances of the couple’s property distribution. It establishes the terms and conditions of the property settlement.
At the time of filing, the spouses also must complete a Notice of Social Security, which provides the court with the Social Security numbers. This form is not attached to the Petition.
Some counties also require the parties to complete a Notice of Current Address, which provides the current addresses and telephone numbers of the parties.
At the time of the divorce hearing, the couple presents the court with the Final Judgment of Simplified Dissolution of Marriage. At the hearing, the spouses also complete a Final Disposition Form, which is a record of the disposition of the action.
At the same time, the spouses must also verify Florida residency, and that at least one of them has been a resident of Florida for at least six months prior to initiating the action. This verification can be done by a Florida driver’s licence, state identification card, voter registration card or by Affidavit of Corroborating Witness.
The Simplified Dissolution can take as little as three weeks from the filing to the hearing that ends the marriage. Many couples, learning how easy it is, work harder to iron out differences that might prevent them from using it. These differences often involve the distribution of property.
If for any reason the couple cannot qualify for a Simplified Divorce — e.g., there are minor children — both may sign the Marital Settlement Agreement, and one spouse signs an Answer, Waiver, and Request for a Copy of Final Judgment of Dissolution. The Answer, Waiver, and Request for a Copy of Final Judgment of Dissolution move the divorce along in much the same way as a Simplified Dissolution. The party signing the Answer, Waiver, and Request for a Copy of Final Judgment agrees to the action. Going this route eliminates the need for a Summons and Service of Process.
If that is not possible, however, the couple may file for an uncontested divorce.
Couples can use this routine when they:
a) want the divorce,
b) agree about the terms and conditions of the distribution of assets and liabilities,
c) agree about alimony (how much and for how long),
d) agree about child custody, visitation and child support.
In this regime, one spouse is the Petitioner, who files the papers necessary for the action, and the other is the Respondent, who may or may not answer the action. If, for example, the other spouse does not oppose the divorce but will not actively cooperate, a Summons must also accompany the Petition for Dissolution. The Summons informs the respondent that he has 20 days to file an answer to the petition under pain of a default judgment against him or her.
To begin a divorce on this route, the Petitioner files a Civil Cover Sheet with one of three forms called a Petition for Dissolution of Marriage, depending upon the circumstances of the couple. The forms are a) Petition for Dissolution of Marriage with Dependent or Minor Children, b) Petition for Dissolution of Marriage with Property but No Dependent or Minor Children or c) Petition for Dissolution of Marriage with No Dependent Children or Property.
If minor children are involved, the Petitioner also files a Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, which identifies the children, their residences and information about custody proceedings. If child support is a consideration, a Child Support Guidelines Worksheet must also be completed, usually as part of negotiations toward a settlement.
The petitioner must file a Family Law Financial Affidavit (long or short form), Notice of Social Security Number, Notice of Current Address and Marital Settlement Agreement. The Family Law Financial Affidavit is normally accompanied by the Certificate of Compliance with Mandatory Disclosure, which certifies that the other spouse has provided required financial information to the Petitioner.
Depending upon the circumstances, the Petitioner may file the Standard Family Law Interrogatories for Original or Enforcement Proceedings. These interrogatories enlarge the financial information contained in the Family Law Financial Affidavit, and they are made under oath. Interrogatories require that the Respondent complete a Certificate of Compliance with Mandatory Disclosure and the Petitioner files a Notice of Service of Standard Family Interrogatories. This notice becomes part of the record.
Once all the requisite paperwork is filed, the Petitioner must schedule a divorce hearing for the final judgment. The hearing is very brief and usually takes no more than ten minutes.
Filled at the divorce hearing are the one of three versions of the Final Judgment of Dissolution of Marriage, depending upon the circumstances of the couple: a) Final Judgment of Dissolution of Marriage with Minor Child(ren) (Uncontested); b) Final Judgement of Dissolution of Marriage with Property but no Dependent or Minor Child(ren) (Uncontested), or c) Final Judgment of Dissolution of Marriage with No Property or Dependent or Minor Child(ren) (Uncontested).
For a variety of reasons, sometimes one spouse permits a marriage to dissolve by default, for example, by not signing the Marital Settlement Agreement but without actively opposing the divorce.
In the case of a default, the Petitioner prepares all of the paperwork associated with an uncontested divorce, including the Civil Cover Sheet; Petition for Divorce (using the appropriate form depending upon whether there is property or children); the Family Law Form (long or short); the Notice of Social Security. At the divorce hearing, he or she prepares the appropriate Final Judgment (either with Dependent or Minor Child(ren) or With Property but No Dependent or Minor Child(ren)); and the Final Disposition Form.
As mentioned above, a couple can arrange a default divorce when both may sign the Marital Settlement Agreement, and one spouse signs an Answer, Waiver, and Request for a Copy of Final Judgment of Dissolution. The Answer, Waiver, and Request for a Copy of Final Judgment of Dissolution move the divorce along in much the same way as a Simplified Dissolution. Going this route eliminates the need for a Summons and Service of Process.
However, when a Respondent does not file an Answer, Waiver, and Request for a Copy of Final Judgment of Dissolution, or his own answer, or a Family Law Financial Affidavit, or sign a Marital Settlement Agreement with 20 days of the recipient of the Petition, he or she is in default. When this happens, the Petitioner must file a Motion for Default. The court, in turn, declares a default against the Respondent.
Depending upon the situation, the Petitioner may have to file one or more additional forms. For example, if a spouse refuses to comply with the divorce by not filing an answer, waiver or request, the Petitioner may be required to certify that his or her spouse in not on active duty in the military. Servicemembers enjoy certain protections from court action under the Servicemembers Civil Relief Act. This certification requires a Nonmilitary Affidavit and may also require a Memorandum for Certificate of Military Service when the Petitioner is uncertain if his or her spouse is in the military.
Divorcing a spouse who cannot or will not be found requires that the Petitioner make what is called a “diligent search.” To do this, the Petitioner files an Affidavit of Diligent Search and Inquiry after he or she has made an exhaustive effort to locate his or her partner. That search includes:
a) a Freedom of Information inquiry with the United States Post Office about current address and any relocations,
b) contracting the last known employer,
c) checking with unions the Respondent may have worked from,
d) contracting regulatory agencies, including occupational and professional groups,
e) contacting relatives,
f) attempting to ascertain the Respondent’s possible death,
g) checking telephone listings,
h) making Internet searches including,
i) contacting law enforcement agencies,
j) checking state patrol records in the state of the Respondent’s last known address,
k) checking Title IV-D (child support enforcement) agency records in the state of the Respondent’s last known address,
l) checking hospitals in the last known area of the Respondent’s address,
m) contacting utility companies,
n) writing letters to the Armed Forces of the United States and their response,
o) contracting tax assessors in the area of the Respondent’s last known address.
If these steps are not successful, the Petitioner then prepares a Notice of Action for Dissolution of Marriage. This is published once a week for four weeks in a newspaper that specializes in publishing classified legal advertisements. This step is called Service by Publication. Assuming the missing spouse still does not respond within 28 days, the Petitioner can file a Default, and divorce action proceeds as a default divorce.
There is no one route through a contested divorce, and such dissolutions require a lawyer. The spouse may dispute the distribution of property and debts, alimony, custody, child support and visitation, and sometimes the Petitioner does not know that the dissolution will be contested until his or her spouse files an answer disputing the allegations of the petition.
In any event, the action begins with the filing of a Petition. If the petitioner intends to make a claim on what would otherwise be his or her spouse’s nonmarital property, he or she must use either the Petition for Dissolution of Marriage with Dependent or Minor Child(ren) or Petition for Dissolution of Marriage with Property but No Dependent or Minor Child(ren), depending on the situation.
Depending upon the issues in dispute, the Petitioner may have to file a Subpoena for the Production of Documents from a Nonparty (Subpoena), particularly when the Respondent refuses to file a Family Law Financial Affidavit. Before the filing of the subpoena, however, the law requires that the Petitioner give notice 10 days noticed to the spouse by filing a Notice of Production from a Nonparty. This notice may be served by mail, but the subpoena must be served by the sheriff in the county.
A contested divorce may or may not end in a divorce trial, depending upon whether or not the spouses can achieve a settlement. For this reason, the appropriate form of the Final Judgement cannot be prepared until a settlement is reached — either by agreement of the parties or by the judge’s ruling.
Florida Simplified Divorce Procedures
Florida has a procedure for a Simplified Dissolution of Marriage. In order to qualify to use this procedure, the spouses must certify that:
a) there are no minor or dependent children of the spouses and the wife is not pregnant;
b) the spouses have made a satisfactory division of their property and have agreed as to payment of their joint obligations;
c) that 1 of the spouses has been a resident of Florida for 6 months immediately prior to filing for dissolution of marriage; and
d) that their marriage is irretrievably broken.
The spouses must appear in court to testify as to these items and file a Certificate of a Corroborating Witness as to the residency requirement. Each must also attach a financial affidavit to the Simplified Dissolution Petition. Specific forms and an instruction brochure are available from the Clerk of any Circuit Court. In addition, sample forms for various aspects of a standard dissolution of marriage are available in the Florida Family Law Rules of Procedure. Financial disclosures are now mandatory in Florida. [Florida Family Law Rules of Procedure Appendix 1; Rules 12.105 and 12.285 and Family Law Forms 12.900+].
Each state has its own unique filing procedure. When filing for dissolution of marriage in Florida, you must adhere to the strict filing guidelines and prepare and submit the appropriate mandatory dissolution of marriage documents to the county court. You will discover that some documents may be provided by the Florida Legal System and others must be constructed on a case-by-case basis containing certain information and criteria to adhere to the Florida Laws and the filing requirements.
Florida Property Division Factors
In Florida, the property and debt issues are typically settled between the parties by a signed Marital Settlement Agreement or the property award is actually order and decreed by the Circuit Court within the Final Judgment of Dissolution of Marriage.
Florida is referred to as an “equitable distribution” state. When the parties are unable to reach a settlement, the Circuit Court will take the following approach to dividing the assets; First, it will go through a discovery process to classify which property and debt is to be considered marital. Next, it will assign a monetary value on the marital property and debt. Last, it will distribute the marital assets between the two parties in an equitable fashion. Equitable does not mean equal, but rather what is deemed by the Circuit Court to be fair.
The Florida court will consider the following factors in making a property award, including:
a) The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker.
b) The economic circumstances of the parties.
c) The duration of the marriage.
d) Any interruption of personal careers or educational opportunities of either party.
e) The contribution of one spouse to the personal career or educational opportunity of the other spouse.
f) The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party.
g) The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the nonmarital assets of the parties.
h) 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.
i) The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.
j) Any other factors necessary to do equity and justice between the parties.
(Florida Statutes – Chapters: 61.075 and 61.077)
Since Florida is an “Equitable Distribution” state, all marital property will be divided in an equitable fashion according to the court unless agreed to otherwise by the divorcing spouses. What does “equitable” mean? Equitable can be defined as “what is fair, not necessarily equal.” To automatically believe the marital property would be divided 50-50 would be a wrong assumption in any equitable distribution state.
Florida Spousal Support/Maintenance/Alimony Factors
In Florida the support payments (if any) can certainly influence how the marital property distribution is awarded, which is why it can become a very intricate part of the final outcome of any divorce. Keeping this in mind, if you and your spouse are unable to reach and agreement on this issue, the Circuit Court will order support from one spouse to the other on a case-by-case basis as follows:
The court may grant permanent or rehabilitative alimony to either party. The court will typically order periodic payments or payments in lump sum or a combination of both. The court may also consider marital fault, especially adultery when making an alimony award.
The court shall consider all relevant economic factors, including but not limited to:
a) The standard of living established while married;
b) The length of the marriage;
c) The age and health of each party;
d) The financial resources and assets of each party;
e) When applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment;
f) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party;
g) All sources of income available to either party. The court may consider any other factor necessary to do equity and justice between the parties.
The court may order any spouse who is paying alimony to purchase or maintain a life insurance policy or a bond, or to otherwise secure such alimony award should he or she predecease the obligated support period.
(Florida Statutes – Chapters: 61.08)
Florida Child Custody Factors
In Florida, the court will determine custody, notwithstanding that the child is not physically present in this state at the time of filing any proceeding under this chapter, if it appears to the court that the child was removed from this state for the primary purpose of removing the child from the jurisdiction of the court in an attempt to avoid a determination or modification of custody.
The court shall determine custody with the best interests of the child and in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act.
The court will ensure that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of childrearing. After considering all relevant facts, the father of the child shall be given the same consideration as the mother in determining the primary residence of a child irrespective of the age or sex of the child.
(Florida Statutes – Chapters: 61.13)
In Florida, as with all other states, the court will always be looking out for the best interests of the children. What you want or your spouse wants is not really relevant until the court says it is. Many parents go to custody hearings not realizing that they must portray themselves as the best custodial parent rather pleading to the court that they simply deserve the children. The court would much prefer the parents to decide who should have custody, but if they can’t, the court will do it for them.
Florida Child Support Factors
The court may order either parent to pay child support during and after a dissolution of marriage proceeding in an equitable amount, based on the nature and circumstances of the case. There are specific child support guidelines set out in Florida Statutes Annotated; Chapter 61.30. In addition, there are specific factors for consideration upon which the child support guidelines may be adjusted:
a) extraordinary medical, psychological, educational, or dental expenses;
b) independent income of the child;
c) the custodial parent receiving both child support and spousal support;
d) seasonal variations in a parent’s income or expenses;
e) the age of the child, taking into consideration the greater needs of older children;
f) any special needs of the family;
g) the terms of any shared parental arrangement;
h) the total assets of the parents and the child;
i) the impact of any IRS Dependency Exemption; and
j) any other reason that should be considered in order to make the child support payments equitable. Health insurance for the child and life insurance covering the life of the parent ordered to pay support may be required by the court. Child support payments may be ordered to be paid through a state depository.
[Florida Statutes Annotated; Chapters 61.13 and 61.30].
Florida child support is typically calculated by using a Child Support Worksheet. The worksheet will generate an appropriate Florida child support obligation according to each spouse’s income and other relative numeric factors such as taxes paid and retirement contributions, etc.. Once this amount is determined it is essential to take a look at any appropriate Florida child support deviation factors that may be applicable to the situation.
Florida Grandparent’s Rights
Grandparent Rights to Visitation: At least one of child’s parents is deceased, marriage of the child’s parents is dissolved, a parent of the child has deserted the child, or a child is born out of wedlock and not later determined to be a child bom in wedlock. Must also file UCCJA Affidavit. Chapter 752, Section 752.01 (F.S §752.01 et seq.).
When Adoption Occurs: Rights terminate unless the adoption is by a stepparent.
Child Custody Statutes: Best interest of child considering:
a) which party is more likely to allow frequent and continuing contact with the other party;
b) love, affection and other emotional ties existing between the child and each party;
c) each party’s capacity and disposition to provide food, clothing, medical care or other material needs for the child;
d) length of time the child has been in a stable, satisfactory environment, and the desirability of maintaining continuity; e) the permanence, as a family unit, of the existing or proposed custodial home;
f) moral fitness of the parties;
g) mental and physical health of the parties;
h) child’s home, school and community record;
i) preference of the child, if of sufficient intelligence, understanding and experience; and
j) any other relevant factor. F.S. §61.13(3).
Parents May Choose: Yes
Florida Military Divorce Laws
A Florida military divorce creates several unique issues as compared to a typical civilian divorce, which is why specific state and federal laws and rules will apply.
Military Protection From Florida Divorce Proceedings
There are laws set up to protect active duty military members against being held in “default” from failing to respond to a divorce action. These laws were enacted to protect active military from being divorced without knowing it.
Under the Soldiers and Sailors Civil Relief Act, 50 UCS section 521 and in the discretion of the local Florida court, the divorce proceeding may be postponed for the entire time the active service member is on duty and for up to 60 days thereafter (This is typically the case when the active member is serving in a war). Also, this right to have the divorce proceedings postponed can be waived by any active duty member should he or she wish to get the divorce.
Serving an Active Military Spouse
The active duty spouse must be personally served with a summons and a copy of the divorce action in order for a Florida court to have jurisdiction over the active military member. In an uncontested case, the active duty spouse may not have to be served as long as he or she signs and files a waiver affidavit acknowledging the divorce action.
Residency and Filing Requirements
The typical military divorce filing requirements are as follows:
a) You or your spouse must reside in Florida
b) You or your spouse must be stationed in Florida
Grounds for Florida Military Divorce
The grounds for a military divorce in Florida are the same as a civilian divorce.
Dividing the Property
Along with the normal Florida property division laws, the federal government has enacted the Uniformed Services Former Spouses’ Protection Act (USFSPA) that governs how military retirement benefits are calculated and divided upon divorce. The USFSPA is the governing body that authorizes a direct payment of a portion of a military retirees pay to the former spouse.
The federal laws will not divide and distribute any of the military members retirement to the spouse unless they have been married 10 years or longer while the member has been active duty military.
Child Support and Spousal Support
In Florida, both child support and spousal support/alimony awards may not exceed 60% of a military member’s pay and allowances. The normal Florida child support guidelines, worksheets and schedules are used to determine the proper amount of child support to be paid.
Florida Child Support Guidelines
The Florida child support guidelines “at a glance” provides a quick reference to what applicable child support laws are considered and/or not considered when determining the appropriate Florida child support order.
Florida Child Support Guidelines
> Income Share Model *: YES
> Percent of Income Model *: NO
> Worksheets Available: YES
> Extraordinary Medical Expenses Add on: YES
> Childcare Add on: YES
> Secondary Education Support: NO
> UIFSA: YES
* The Income Shares Model: Florida child support is calculated by estimating the amount of support that would have been available to the child(ren) if the family had remained intact. This estimated amount is then divided proportionally to the parents according to each parent’s income. This is easily done by using the Florida child support worksheet and the estimated incomes are typically substantiated by past pay stubs or w-2s.
For example: If the father has a higher income than the mother, he would then be responsible for the greater portion of the child support obligation. Conversely, if the father has a lower income than the mother, he would then be responsible for the smaller portion of the child support obligation.
As a reminder, the child support obligation can manifest itself differently between a custodial and a noncustodial parent.
For example: It is not common for a custodial parent to be paying support to a non-custodial parent.
Florida Child Support Definitions
GENERAL INFORMATION:
The court may adjust the minimum child support award, or either or both parent’s share of the minimum child support award, based upon the following considerations:
a) Extraordinary medical, psychological, educational, or dental expenses.
b) Independent income of the child, not to include moneys received by a child from supplemental security income.
c) The payment of support for a parent which regularly has been paid and for which there is a demonstrated need.
d) Seasonal variations in one or both parents’ incomes or expenses.
e) The age of the child, taking into account the greater needs of older children.
f) Special needs, such as costs that may be associated with the disability of a child, that have traditionally been met within the family budget even though the fulfilling of those needs will cause the support to exceed the proposed guidelines.
g) The particular shared parental arrangement, such as where the children spend a substantial amount of their time with the secondary residential parent thereby reducing the financial expenditures incurred by the primary residential parent, or the refusal of the secondary residential parent to become involved in the activities of the child, or giving due consideration to the primary residential parent’s homemaking services. If a child has visitation with a noncustodial parent for more than 28 consecutive days the court may reduce the amount of support paid to the custodial parent during the time of visitation not to exceed 50 percent of the amount awarded.
h) Total available assets of the obligee, obligor, and the child.
i) The impact of the Internal Revenue Service dependency exemption and waiver of that exemption. The court may order the primary residential parent to execute a waiver of the Internal Revenue Service dependency exemption if the noncustodial parent is current in support payments.
j) When application of the child support guidelines requires a person to pay another person more than 55 percent of his or her gross income for a child support obligation for current support resulting from a single support order.
k) Any other adjustment which is needed to achieve an equitable result which may include, but not be limited to, a reasonable and necessary existing expense or debt. Such expense or debt may include, but is not limited to, a reasonable and necessary expense or debt which the parties jointly incurred during the marriage.
DEFINITIONS:
MONTHLY GROSS INCOME:
I) The monthly gross income of each parent means income from whatever source derived, and includes, but is not limited to, the following:
a) Salary or wages, bonuses, commissions, allowances, overtime, tips, and other similar payments, business income from sources such as self-employment, partnership, close corporations, and independent contracts (minus ordinary and necessary expenses required to produce income), disability benefits, worker’s compensation, unemployment compensation, pension, retirement, or annuity payments, social security benefits, spousal support received from a previous marriage or court ordered in the marriage before the court, interest and dividends, rental income (which is gross receipts minus ordinary and necessary expenses required to produce the income), income from royalties, trusts, or estates, reimbursed expenses or in kind payments to the extent that they reduce living expenses, gains derived from dealings in property (unless the gain is nonrecurring).
b) Income on a monthly basis shall be imputed to an unemployed or underemployed parent when such employment or underemployment is found to be voluntary on that parent’s part, absent physical or mental incapacity or other circumstances over which the parent has no control. In the event of such voluntary unemployment or underemployment, the employment potential and probable earnings level of the parent shall be determined based upon his or her recent work history, occupational qualifications, and prevailing earnings level in the community; however, the court may refuse to impute income to a primary residential parent if the court finds it necessary for the parent to stay home with the child.
c) Public assistance as defined in s. 409.2554 shall be excluded from gross income.
II) Allowable deductions from monthly gross income shall include:
a) Federal, state, and local income tax deductions, adjusted for actual filing status and allowable dependents and income tax liabilities.
b) Federal insurance contributions or self-employment tax.
c) Mandatory union dues.
d) Mandatory retirement payments.
e) Health insurance payments, excluding payments for coverage of the minor child.
f) Court-ordered support for other children which is actually paid.
g) Spousal support paid pursuant to a court order from a previous marriage or the marriage before the court.
Child Care Costs incurred on behalf of the children due to employment, job search, or education calculated to result in employment or to enhance income of current employment of either parent shall be reduced by 25 percent and then shall be added to the basic obligation. After the adjusted child care costs are added to the basic obligation, any moneys prepaid by the noncustodial parent for child care costs for the child or children of this action shall be deducted from that noncustodial parent’s child support obligation for that child or those children. Child care costs shall not exceed the level required to provide quality care from a licensed source for the children.
Health Insurance Costs resulting from coverage ordered pursuant to s. 61.13(1)(b) shall be added to the basic obligation. After the health insurance costs are added to the basic obligation, any moneys prepaid by the noncustodial parent for health insurance for the child or children of this action shall be deducted from that noncustodial parent’s child support obligation for that child or those children.
Other Annual Child Support Paid. A parent with a support obligation may have other children living with him or her who were born or adopted after the support obligation arose. The existence of such subsequent children should not as a general rule be considered by the court as a basis for disregarding the amount provided in the guidelines. The parent with a support obligation for subsequent children may raise the existence of such subsequent children as a justification for deviation from the guidelines. However, if the existence of such subsequent children is raised, the income of the other parent of the subsequent children shall be considered by the court in determining whether or not there is a basis for deviation from the guideline amount. The issue of subsequent children may only be raised a proceeding for an upward modification of an existing award and may not be applied to justify a decrease in an existing award.
Florida Dissolution of Marriage Definitions
This collection of definitions will help clarify some unique characteristics to the Florida Dissolution of Marriage laws, process and paperwork which is filed with the court.
Filing Party Title:
Petitioner
The spouse who will initiate the Dissolution of Marriage by filing the required paperwork with the court.
Non-Filing Party Title:
Respondent
The spouse who does not initiate the Dissolution of Marriage with the court.
Court Name:
In the Circuit Court in and for the County of ___________, Florida
The proper name of the court in which a Dissolution of Marriage is filed in the state of Florida. Each jurisdictional court typically has a domestic relations or a family law department or division.
The state run office devoted to enforcing existing child support orders and collecting any past due child support.
Document Introduction:
In Re the Marriage of:
The lead-in verbiage used in the legal caption or header of the documents filed with the court. The introduction typically prefaces both spouse’s names.
Initial Dissolution of Marriage Document:
Petition for Dissolution of Marriage
The title and name of the legal document that will initiate the Florida Dissolution of Marriage process. The filing spouse is also required to provide the non-filing spouse a copy of this document.
Final Dissolution of Marriage Document:
Judgment of Dissolution of Marriage
The title and name of the legal document that will finalize the Florida Dissolution of Marriage process. This document will be signed by the judge, master, or referee of the court to declare your marriage officially terminated.
Clerk’s Office Name:
County Clerk’s Office of the Circuit Court
The office of the clerk that will facilitate the Dissolution of Marriage process. This is the title you would address letters to or ask for when contacting the courthouse.
A spouse may file for separate maintenance and child support. [Florida Statutes Annotated; Chapter 61.09].
Property Distribution:
Equitable Distribution
The applicable Florida law that will dictate how property and debt is to be divided upon Dissolution of Marriage.
