THE FLORIDA LAW BLOG

THE FLORIDA-LAWBLOG

The Florida Lawblog covers current legal topics, and stories of interest in Florida law. Some content  is based on guest commentary, or links to previously published articles, and court cases which have appeared in other publications. Posts may include the opinion of contributing authors, and readers are encouraged to view the referenced materials and links, and come to their own conclusions. You should not rely on any information contained within this site when making legal decisions or handling legal matters.  This site is limited to Florida law topics, and does not constitute legal advice, nor does this site constitute an advertisement or solicitation for business, always seek the advice of a lawyer in your state before making any decision or taking any course of action on any legal matter. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide to hire a lawyer, ask them to send you free written information on their qualifications and experience. Feel free to contact attorney Charles Scott at 727-300-4878 if you have questions or want to schedule a free legal consultation.

Alimony reform in Florida

ALIMONY IN FLORIDA – FLORIDA ALIMONY REFORM 2023 SIGNED INTO LAW

The Florida alimony reform bill passed the Florida legislature and was signed by Governor Ron DeSantis on June 30, 2023. This bill will have a significant impact on how alimony will be awarded in Florida. It applies to all initial petitions for dissolution of marriage that are filed or pending on July 1, 2023, and to certain supplemental petitions for modification of alimony. The following is a brief synopsis of how alimony will be awarded in Florida under this new legislation.

First, the bill eliminates permanent alimony. In its place, will be four types of alimony. They will be temporary, bridge-the-gap, rehabilitative and durational alimony. Courts may order alimony to be paid in a lump sum or as periodic payments.

Second, courts will be permitted to consider the adultery of either spouse and its resulting economic impact in determining the amount of alimony to award.

Third, courts will be required to consider nine factors in determining alimony. First, courts are to consider whether the party seeking support has an actual need for support and whether the other party has the ability to pay support. The party seeking support will have the burden to prove that he or she has a need for support and that the other party has the ability to pay support. Once the court determines that one of the parties has a need for support and that the other party has the ability to pay support, the court will consider the following eight additional factors in determining the proper form of alimony. First, the parties’ standard of living during the course of the marriage and the anticipated needs of both of the parties after a divorce is granted. Second, the duration of the parties’ marriage. Third, the parties’ age, physical and mental condition. Fourth, the income and resources of both parties and the income earned from marital and nonmarital assets. Fifth, the earning capacities, educational levels and employability of the parties. Courts are to consider the ability of both of the parties to obtain the necessary skills or education to enable themselves to either contribute to their own support or become self-supporting. Sixth, the contribution that each of the parties made to the marriage, including education, career building, homemaking and child care. Seventh, the responsibilities that each of the parties will have in raising children that they have in common. Eighth, any other factor that courts of equity and justice should consider in making an alimony award. This may include a finding that a supportive relationship exists or that one of the parties may reasonably retire.

Fourth, a short-term marriage is going to be considered to be a marriage that lasts less than 10 years. A moderate-term marriage is going to be considered to be a marriage that lasts between 10 and 20 years. A long-term marriage will now be considered to be a marriage that lasts 20 years or more. The length of the marriage is considered to be the amount of time that has elapsed between the date of the marriage and the date of the filing for divorce.

Fifth, bridge-the-gap alimony may be awarded to assist a party in making the transition from married to single life. It is intended to assist a party with identifiable, short-term needs. The length of an award of bridge-the-gap alimony may not exceed 2 years.

Sixth, rehabilitative alimony is intended to provide education and training that will enable a party to become self-supporting or contribute to their own support. Under the new alimony reform legislation, an award of rehabilitative alimony may not exceed 5 years.

Seventh, durational alimony lasts for a set period of time. It may not exceed 50% of the length of a short-term marriage, 60% of the length of a moderate-term marriage, and 75% of the length of a long-term marriage. An award of durational alimony may be extended under exceptional circumstances based upon the above described 9 factors and a consideration of the following 4 factors. First, the extent to which the payee’s age and employability wholly or partially limit the payee’s ability to be self-supporting. Second, the extent to which the payor’s available financial resources wholly or partially limit the payor’s ability to be self-supporting. Third, the extent to which a payee’s mental or physical disability wholly or partially limits the payee’s ability to be self-supporting. Fourth, the extent to which a payee is the caregiver to the parties’ mentally or physically disabled child. The amount of durational alimony will be the amount that is required to meet the payee’s reasonable needs, or an amount that does not exceed 35% of the difference between the husband and wife’s net incomes, whichever amount is less.

Eighth, an alimony award may not leave the obligor with significantly less net income than the net income of the obligee, unless there are exceptional circumstances.

In actions for modification, the court will be authorized to terminate or reduce an award of alimony when the payor has reached the normal retirement age. The normal retirement age will be considered to be the normal retirement age specified by the Social Security Administration, or the customary retirement age for the payor’s profession. The payor must actually retire or make demonstrable efforts to retire. Retirement must reduce the payor’s ability to pay. The court will look at the following ten factors in determining whether to reduce or terminate alimony. First, the age and health of the payor. Second, the type of work performed by the payor. Third, the customary age of retirement in the payor’s profession. Fourth, the likelihood that the payor will return to work, and the payor’s motivation for retiring. Fifth, the needs of the party receiving alimony and that recipient’s ability to contribute to his or her own needs. Sixth, the impact that the termination or reduction of alimony would have on the payee. Seventh, the parties’ assets before, during and after the dissolution of marriage, and whether either of the parties wastefully dissipated assets received at the time of the divorce. Eighth, the income earned by the parties during and after the marriage. Ninth, the retirement, pension and Social Security Benefits received by the parties after the marriage. Tenth, the payor’s compliance with his or her alimony obligation. A payor may file a Supplemental Petition for Modification six months prior to the date of retirement.

The Florida Senate bill was filed on March 2, 2023. On March 9, 2023, the Florida Senate bill was referred to the Committee on Fiscal Policy and to the Rules Committees. On March 23, 2023, the Committee on Fiscal Policy voted in favor of the bill. On April 5, 2023, the bill received a favorably vote in the Florida Senate Rules Committee, and was placed on the Calendar on second reading. On April 18, 2023, the bill was placed on the Special Order Calendar. On April 19, 2023, the bill passed the Florida Senate. On May 2, 2023, the bill was ordered enrolled in the Florida Senate.

The Florida House of Representatives bill was filed on March 3, 2023. On March 28, 2023, the Florida House of Representatives bill received a first reading. On March 29, 2023, the bill was referred to the Judiciary Committee. On April 11, 2023, the bill was favorably reported out of the Judiciary Committee and was added to the Second Reading Calendar. On May 2, 2023, the CS passed in the Florida House of Representatives.

The alimony reform legislation passed the Florida House of Representatives and the Florida Senate and was signed by Governor DeSantis on June 30, 2023.

Why Should I Carry Uninsured Motorist Insurance?

Uninsured motorist insurance is a type of car insurance that provides coverage for damages or injuries you sustain in an accident caused by a driver who does not have insurance. It can also provide coverage in hit-and-run accidents where the at-fault driver cannot be identified.

There are several reasons why you should consider having uninsured motorist insurance:

1. Protection from uninsured drivers: Despite mandatory car insurance laws in most states, there are still many drivers who do not carry insurance. If you are in an accident with an uninsured driver, you could be left with hefty medical bills and repair costs. Uninsured motorist insurance provides protection and can cover these costs.

2. Hit-and-run accidents: If you are involved in a hit-and-run accident, you may not be able to identify the at-fault driver. In this case, uninsured motorist insurance can help cover your damages and injuries.

3. Lower deductibles: Uninsured motorist coverage typically has lower deductibles compared to other types of car insurance, which means you would pay less out-of-pocket if you are in an accident.

4. Peace of mind: Knowing that you have uninsured motorist insurance can provide peace of mind and protect you from potential financial loss in case of an accident caused by an uninsured or underinsured driver.

Overall, uninsured motorist insurance is a valuable coverage option that can protect you in the event of an accident with an uninsured or underinsured driver. It is important to check with your insurance provider to determine the coverage options available and to choose a policy that best meets your needs.

How is Child Support Calculated in Florida?

Child support in Florida is calculated using the Income Shares Model, which takes into account both parents' incomes and the number of children involved. The following factors are considered when calculating child support in Florida:

1. Each parent's gross income: This includes all sources of income, such as wages, bonuses, tips, and commissions.

2. The number of children involved: The more children, the more support is required.

3. The parenting plan: The amount of time each parent spends with the children affects the amount of support required.

4. Childcare costs: If one or both parents pay for child care, those costs are factored into the calculation.

5. Health care costs: If one or both parents pay for health insurance, those costs are factored into the calculation.

6. Other expenses: Other expenses, such as educational expenses or travel costs, may also be factored into the calculation.

To calculate child support in Florida, a formula is used that takes into account the above factors. The formula considers the combined income of both parents, the number of children, and the amount of time the child spends with each parent. The formula also takes into account any deductions for things like taxes and other child support obligations.

The State of Florida has a child support calculator available online to help determine the amount of child support that is due. This calculator can be accessed on the Florida Department of Revenue website.

What is No Fault Insurance

Florida No Fault refers to the state's motor vehicle insurance law, which requires drivers to carry Personal Injury Protection (PIP) insurance to cover their own injuries in the event of an accident, regardless of who is at fault. The purpose of the law is to provide quick access to medical care and compensation for injuries sustained in an accident, without the need to determine who was at fault for the accident.

Under Florida's No Fault law, each driver's insurance company is responsible for paying up to a certain amount for their own medical expenses, lost wages, and other related costs, regardless of who caused the accident. However, if the accident results in serious injuries or damages that exceed the PIP coverage limit, the injured party may still be able to pursue a claim against the at-fault driver's insurance company.

It's important to note that while Florida is a No Fault state, drivers are still required to carry liability insurance to cover damages they may cause to other people or property in an accident.

Should I Get An MRI After A Car Accident?

Whether or not you need an MRI after a car accident depends on various factors, including the severity of the accident, the type of injuries you have sustained, and your overall health condition.

If you experienced a minor fender-bender and do not have any apparent injuries, then an MRI may not be necessary. However, if you experienced a more severe accident, especially one in which you hit your head or experienced a jarring impact, an MRI may be necessary to detect any internal injuries that may not be immediately apparent.

An MRI can detect injuries such as soft tissue damage, spinal cord injuries, brain injuries, and other serious conditions that may not be visible on an X-ray or CT scan. If you experience symptoms such as headaches, neck or back pain, numbness or tingling in your arms or legs, or other signs of injury after an accident, then an MRI may be recommended by your doctor to evaluate the extent of your injuries.

It's always best to seek medical attention after a car accident, even if you don't think you're seriously injured. Some injuries may not be apparent right away, and delaying medical treatment can result in more serious complications down the line. Your doctor will be able to evaluate your condition and determine if an MRI is necessary.

What Should You do After an Automobile Accident?

If you've been involved in an automobile accident, it's important to take the following steps:

1. Check for injuries: The first thing you should do is make sure that you and anyone else involved in the accident are not injured. If there are any injuries, call emergency services immediately.

2. Move to a safe location: If the accident is minor and there are no injuries, move the vehicles involved to the side of the road, out of the way of traffic. If the accident is more serious, leave the vehicles where they are, turn on hazard lights, and wait for emergency services to arrive.

3. Exchange information: You should exchange information with the other driver involved in the accident, including name, address, phone number, insurance company, policy number, driver's license number, and license plate number.

4. Document the accident: Take photos of the damage to both vehicles and the scene of the accident. This will help when filing an insurance claim.

5. Report the accident: Call the police and report the accident. The police will come to the scene, assess the situation, and create an accident report.

6. Contact your insurance company: Call your insurance company and report the accident. Most insurance policies require that you report any accident even if it is not your fault.

7. Seek medical attention: Even if you feel fine, it's important to see a doctor after an accident. Some injuries, such as whiplash, may not be immediately apparent.

8.  Seek the assistance of an attorney that handles auto accident cases before speaking to the at fault drivers insurance company so that you know your rights.

Can I Avoid Paying Alimony in Florida?

In Florida, it may be possible to avoid paying alimony, but it will depend on the specific circumstances of your case. Alimony, also known as spousal support, is a court-ordered payment that one spouse makes to the other after a divorce.

There are several factors that a court considers when deciding whether to award alimony in a divorce case, including the length of the marriage, the financial resources of each party, the standard of living during the marriage, and the earning capacity and education level of each spouse.

If you are seeking to avoid paying alimony, you will need to present evidence to the court that shows that you should not be required to pay. This might include evidence that your ex-spouse has a significant earning capacity, or that the length of the marriage was very short. You may also be able to negotiate with your ex-spouse to come to a mutual agreement on alimony payments that is acceptable to both parties.

It's important to note that trying to avoid paying alimony should not be your primary goal in a divorce case. It's important to prioritize the well-being of any children involved and to ensure a fair distribution of assets and debts. It's also important to work with an experienced family law attorney who can help you navigate the complex legal process and advocate for your interests.

 

The Requirements for Divorce in Florida

In Florida, the basis for divorce is the irretrievable breakdown of the marriage. This means that the marriage is no longer viable and cannot be saved. In legal terms, this is referred to as "irreconcilable differences." The party seeking the divorce does not need to prove fault or wrongdoing by their spouse, and there is no waiting period for a divorce to be granted. However, if the divorce involves minor children, the court may require the parties to attend parenting classes or mediation to address issues related to the children's well-being. Additionally, property division, alimony, child custody, and child support may be contested issues that must be resolved during the divorce proceedings.

WHY AUTO ACCIDENT VICTIMS SHOULD GET AN MRI

Florida auto accident victims normally go to a chiropractor as the first stop in treatment for an auto accident. This is because most primary care doctors such as MD's do not treat auto accident injuries. Further if you go to the hospital after a car accident, they normally will take an x-ray, and if you don't have broken bones and are not bleeding they send you home with some Tylenol. When the back pain sets in a day or two after the accident, this is when people normally seek an auto accident doctor. The chiropractor is uniquely qualified to diagnose and treat auto accident spinal injuries.  This is accomplished by numerous modalities, such as electrical stimulation, laser treatment, ultra sound, hot packs, massage and chiropractic adjustment. The course of therapy for chiropractic may need to continue several times a week, tapering off to once a week, or once a month over a course of several months. Normally patients improve after a month of chiropractic treatment. If improvement is not seen or if the patient is experiencing numbness or tingling in the arms or legs, an MRI is recommended to determine if there is a disc injury to the spine. A disc injury is known as a permanent injury and normally warrants a second opinion by an orthopedic surgeon or neurologist. If the patient fails to obtain an MRI, or the treating physician does not order an MRI,  it becomes more difficult to prove the patient has a permanent injury. Chiropractors are qualified and allowed to determine whether an injury is permanent or not, however an MRI certainly bolsters the diagnosis.

In addition to not having imaging proof  of a permanent injury that might require surgery, the lack of an MRI presents a unique problem for the  personal injury lawyer. When the personal injury lawyer makes a claim for damages, the claim must be supported by medical evidence in the form of medical records. Often the only records are those of the initial visit to the hospital and the chiropractor, and no MRI.  Without an MRI to prove that there was a permanent injury, and no consultation with an orthopedic surgeon or neurologist, the personal injury lawyer faces a challenge.

You need a permanent injury to be entitled to compensation for most (not all) car accident cases in Florida. This is stated in Florida’s law as follows:  “In order to recover damages in tort against the owner or operator of a motor vehicle (with respect to which security has been provided as required by Florida Statutes ss 627.730-670.7405), the plaintiff may recover damages for pain, suffering, mental anguish, and inconvenience because of bodily injury, only if the injury consists of:

*Significant or permanent loss of an important bodily function
*Permanent injury within a reasonable degree of medical probability
*Significant and permanent scarring or disfigurement
*Death.

Compensation for suffering, mental anguish, inconvenience, and pain are known as non-economic damages. Unfortunately, in Florida, most motor vehicle accidents will only provide the plaintiff money if they suffer a permanent injury (or another injury listed above). This permanent injury requirement is also known as the tort threshold.

Fortunately, there are exceptions to the tort threshold. Whether you qualify for compensation may depend on the specific types of vehicles involved in the accident. More specifically, you may or may not get compensation depending on whether:

You were driving a “motor vehicle” when the accident occurred; and/or
The person-at-fault was carelessly driving a “motor vehicle” when the accident occurred

While an MRI is not needed in every auto accident claim, it provides significant and important evidence to assist the personal injury attorney pursuing your claim.

 

 

Governor vetoes alimony legislation

Nearly three months after it sparked a heated debate in both chambers, Gov. Ron DeSantis has vetoed an alimony reform measure citing its retroactivity.

SB 1796 would have abolished permanent alimony, given ex-spouses who pay alimony a “pathway to retirement,” and created a legal presumption that 50-50 timesharing was in the best interest of a child.

“If CS/CS/SB 1796 were to become law and be given retroactive effect as the Legislature intends, it would unconstitutionally impair vested rights under certain preexisting marital settlement agreements,” Gov. DeSantis wrote in his veto letter, citing Art. I, §10 of The Florida Constitution.

The Family Law Section, and others, lobbied against the measure arguing it would interfere with existing agreements, spark bitter custody battles, and put children at risk.

“The Family Law Section of The Florida Bar has long advocated for legislative proposals that have a positive, productive impact on couples and families that are impacted by divorce,” Family Law Section Chair Philip Wartenberg and immediate past Chair Heather Apicella said in statement posted on the Family Law Section’s Facebook page from the Bar’s Annual Convention in Orlando shortly after the announcement of the veto. “The dissolution of a marriage and the subsequent custody issues are very traumatic for all involved, and it has been our mission to advocate on behalf of those impacted by divorce proceedings.

“From the very beginning of the 2022 Legislative Session, we voiced concerns over the retroactive impact of Senate Bill 1796. If signed into law, this legislation would have upended thousands upon thousands of settlements, backlogging the courts and throwing many Floridians’ lives into turmoil.

“We thank Governor Ron DeSantis for vetoing this measure and for understanding the bad precedent the retroactivity of the bill would have set for settled contracts in the state of Florida.”

(The Family Law Section advocated for this veto on its own behalf. Under Bar policies, sections, which have voluntary membership and dues payments, are given wide latitude on subjects they wish to lobby and sections must also make it clear they are representing only themselves and not the Bar as a whole.)

Sen. Joe Gruters, R-Sarasota, sponsored the bill in the Senate and Rep. Jenna Persons-Mulicka, R-Ft. Myers, carried the companion in the House. They had called the measure the culmination of a 10-year effort to eliminate permanent alimony in Florida, and insisted it was not retroactive.

One provision would have created a “wind-down” period that would, in certain circumstances, have permitted a retiring ex-spouse, after providing formal notice, to reduce alimony payments 25% per year over four years.

A similar reform bill stalled last year when the Senate objected to the equal time-sharing provision.

In 2016, Gov. Rick Scott vetoed an alimony reform measure that contained an equal time-sharing provision. In his veto message, Scott wrote that the provision would “put the wants of a parent ahead of a child’s best interest.”

Four years before that, Scott vetoed another alimony reform measure, citing concerns about retroactivity and its impact on alimony recipients.