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P
Parenting
In Florida, we don't use the term "custody" - your children are people, not possessions. Instead, we focus on parental responsibility and time-sharing arrangements that serve your child's best interests.
Parental Responsibility
This is the legal obligation for parents to make major life decisions together for their children, including education, non-emergency medical care, and other significant matters.
Three Types of Parental Responsibility:
Both parents must confer and agree on major decisions. This is NOT just notifying the other parent after a decision is made - it requires genuine collaboration and mutual agreement.
Parents still must attempt to make decisions together, but if agreement cannot be reached, one parent has the final say. This is a limitation of parental rights that courts don't favor without good reason.
Awarded only when the court finds that a parent's involvement in decision-making would be detrimental to the child. This typically requires evidence of abuse or neglect.
Time-Sharing
Florida uses "time-sharing" instead of "visitation" because it reflects equal parenting status rather than implying one parent is primary and the other merely "visits."
Florida now has a legal presumption that time-sharing will be equal. This means the law presumes children should spend equal overnights with each parent. Overcoming this presumption requires meeting a higher legal burden.
The Parenting Plan
This is the legally binding document that addresses:
- Parental responsibility structure
- Regular time-sharing schedule
- Holiday and vacation time-sharing
- Communication between parents and children
- School district designation
- Travel provisions
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Equitable Distribution
Equitable distribution is the fair division of marital assets and liabilities. "Equitable" means fair, not necessarily equal - though equal distribution is most common.
The Four-Step Process
Step 1: Identification
ALL assets and liabilities must be accounted for - no matter when acquired or whose name is on them.
Step 2: Classification
The law draws two lines: your marriage date and your divorce filing date. Assets acquired between these dates are presumed marital.
Assets may be non-marital if they were:
- Obtained before the marriage
- Received as an inheritance or gift
- Acquired in exchange for non-marital property
- Designated non-marital by valid agreement
Step 3: Valuation
Determining the current fair market value of each asset or the amount of each liability. This is where experienced counsel makes a significant difference.
Step 4: Distribution
Equal distribution (50/50) is presumed, but unequal distribution may be justified based on specific statutory factors.
Equitable distribution is permanent and cannot be modified after the judgment is final. Getting it right the first time is critical.
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Alimony
Alimony is the financial obligation of one spouse to contribute to the other spouse's living expenses. It's based on two critical factors: entitlement and amount.
Marriage Duration Categories
Types of Alimony in Florida
1. Bridge-the-Gap Alimony
Assists with the transition from married to single life.
- Maximum Duration: 2 years
- Termination: Death or remarriage
- Modification: Cannot be modified
2. Rehabilitative Alimony
Helps a spouse acquire skills or education for self-support.
- Maximum Duration: 5 years
- Requirement: Specific rehabilitation plan
- Modification: Based on circumstances or plan compliance
3. Durational Alimony
Provides economic assistance for a set period.
- Not available for marriages under 3 years
- Duration limits: 50-75% of marriage length
- Amount: Lesser of need or 35% income difference
This significant change means alimony awards are now time-limited based on marriage duration.
Critical Rules
- Multiple types may be awarded in combination
- No award can leave payor with significantly less income than recipient
- May be modified based on substantial change (depending on type)
- Supportive relationships may impact obligations
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Child Support
Child support is the financial obligation of parents to provide for their children's needs. It's a benefit to the child that cannot be waived by either parent.
How Child Support is Calculated
Child support is calculated using both parents' net incomes. However, "net income" for child support purposes is different from what you might claim on taxes.
Income Sources Included:
- Salaries, wages, bonuses, and commissions
- Business income (properly calculated)
- Investment income and dividends
- Rental income
- Retirement and pension payments
- Workers' compensation and unemployment
- Social Security benefits
The Child Support Formula
1. Basic Child Support Obligation
Determined by both parents' combined net incomes and number of children using statutory guidelines (Florida Statutes Section 61.30).
2. Time-Sharing Adjustment
Parents receive credit when they exercise substantial time-sharing (typically 20% or more overnight stays). The more overnights, the greater the adjustment.
3. Additional Expenses
- Health Insurance: Children's health insurance cost shared proportionally
- Childcare: Work or education-related childcare costs shared
- Uncovered Medical: Out-of-pocket expenses typically shared
Duration of Child Support
Modification of Child Support
Child support can be modified when there's a substantial change resulting in at least a 15% change in the support obligation (or $50/month, whichever is greater).
Common reasons for modification:
- Significant income change for either parent
- Change in time-sharing arrangement
- Change in childcare or health insurance costs
- Extraordinary medical expenses
Recent amendments provide for continued support for children who remain dependent or incapable of self-support due to a physical or mental incapacity that began before age 18.
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Everything Else
Beyond the core issues, there are several other important aspects of family law that require attention.
Health Insurance
For Spouses
- Cost deducted from gross income when calculating support
- Most cannot continue on ex-spouse's insurance after divorce
- COBRA coverage may be available (typically 36 months)
- Plan for alternative coverage
For Children
- Cost is a shared expense between parents
- Proportionally allocated based on income
- Included in child support calculation
Life Insurance
Life insurance in divorce secures support obligations in case of death - it's not about leaving a legacy.
Life insurance may secure:
- Child Support: Continue payments if paying parent dies
- Alimony: Secure alimony for the duration of award
- Property Settlement: Ensure obligations are met
Name Changes
For Children
A child's name may only be changed if it's needed for the welfare of the child. The court will not change a name simply because a parent desires it.
For Parents
A spouse may restore their maiden name as part of dissolution. This is routinely granted and included in the final judgment.
Relocation
Relocation is a parent's move of more than 50 miles from their residence for more than 60 days.
A parent may relocate with the child if there is written agreement between both parents. If not possible, a petition must be filed with the court.
Factors considered for relocation:
- Purpose of the relocation
- Reason for objection by non-relocating parent
- Relationship quality with non-relocating parent
- Age and developmental stage of child
- Feasibility of preserving relationships
- Employment and economic circumstances
- Whether sought in good faith
Enforcement
Enforcement is a legal proceeding brought when a party violates a court order. Contempt may be found if a party willfully violates a court order.
Requirements:
- Clear and unambiguous provision in judgment or order
- Willful failure to comply
- Remedies include compliance orders and attorney's fees
Modification
Modifying a final judgment requires proving a substantial change in circumstances that is involuntary, permanent, and material.
What CAN be modified:
- Child support (15% change threshold)
- Alimony (depending on type)
- Time-sharing and parental responsibility
What CANNOT be modified:
- Equitable distribution (property division is final)
Topics Requiring Experienced Counsel:
- Supportive relationships and alimony modification
- Retirement as basis for modification
- Premarital and postnuptial agreements
- Parenting coordination and evaluators
- Domestic violence considerations
- Substance abuse issues in custody
- Special needs children and ongoing support
Need Expert Guidance Through Your Family Law Case?
Board Certified Specialist Mary Zogg provides sophisticated legal strategy for complex divorce, custody, and family law matters. With her unique combination of legal expertise, MBA financial knowledge, and psychology background, she delivers results that protect your interests.