Ocala Family Law Blog

There is a lot more to family law than most people imagine. Although family law does often deal with the topics commonly associated with divorce and custody issues, there is more to family law than asset division and child support. Often, it deals with difficult issues that can affect a child's future as much as education or healthcare. In Florida, one of the toughest issues -- foster care -- is about to see a much-needed change.

Earlier this spring, the Florida legislature passed a bill called the Nancy C. Detert Common Sense Act. The bill allows children who have been in the state's foster care system to remain in the system until their 21st birthday as opposed to their 18th as under the old law. The governor is expected to sign the bill very soon which will be a big win for family law, as it will allow foster children more time to mature before being forced out to survive on their own.

A divorce is sometimes a messy, expensive business. Many couples are aware of this fact even before they marry and, as a result, they choose to sign a prenuptial agreement. For years now, prenuptial agreements have been honored by divorce courts in Florida and all across the rest of the country. However, a recent decision by one appellate judge in another state may underscore the need for clarity and fairness in negotiating and executing these types of legal contracts.

In February, an appeals court voided a prenuptial agreement signed in 1998. During a hearing before a lower court, the wife testified that her husband forced her -- against her will -- to sign the agreement the night before the wedding. She also testified that he had promised to destroy the agreement if they had children. It is believed that the appeals court based its decision based on the reportedly false promise made by the husband and the forceful act asserted by the wife.

Florida lawmakers, advocacy groups and everyday citizens have had their eyes on Tallahassee for the past few months. A new bill that could seriously affect how alimony is awarded in divorce settlements has been slowly making its way through the Florida Senate. However, Senate Bill 718 (SB 718) hit a wall in Governor Rick Scott´s office.

On May 1, 2013, the Florida governor vetoed SB 718. In a letter explaining his reasons for the veto, Scott cited the possibility that the bill could have had a negative effect on existing alimony awards. He also expressed concern that the bill´s passage could have a drastic impact on the lives of those whose financial well-being is reliant solely on their current alimony payments.

When a court orders child support, the court then expects the parent who has been ordered to do so to make the support payments on time, every time. After all, the custodial parent and, by extension, any children affected very likely depend on the child support payments for financial support. Unfortunately, there are parents all over Florida that do not make their child support payments regularly, if at all. A judge in a fellow southern state is sending a message to parents that do not pay -- a message that all parents that are not paying their court-ordered child support need to hear.

A circuit court judge has accepted a guilty plea from a mother for failure to pay court-ordered child support. The mother was charged with two felony counts of non-support and it is for both that she has been sentenced. The judge´s sentence includes 5 years in prison, which has been suspended, an order to pay $5,000 in back child support immediately, an order to pay court costs and extradition costs and an order to pay $270 per month in addition to her regular child support payments until she is no longer in arrears.