Ocala Family Law Blog

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.

The question of child custody is constantly on the mind of every parent who is considering filing for legal separation or divorce. However, future child custody issues should not have to be considered when one is deciding whether to join the United States military. Unfortunately, for many parents, their decision to join the military has had an effect on their ability to retain child custody. Due to the high number of military personnel, both active-duty and reserve, in Florida, the issue of child custody and the military is very important to many Floridians.

One story tells of a mother who is also a member of the Air National Guard. She and her husband divorced in 2010. They agreed on nearly all the conditions of the divorce -- except child custody. The custody battle led to the mother losing full custody of her children in April 2012. The judge, according to the divorce decree, gave full custody to the children´s father due to the mother´s military service.

Controversial legislation concerning divorce, child support and other aspects of family law is once again making its way through the Florida Senate. The sometimes-called "Anti-Shariah" bill (SB 58), sponsored by Senator Alan Hays, would ban courts from allowing foreign or religious laws to influence decisions on matters relating to divorce and other family law issues. Even though the bill has passed the Governmental Oversight & Accountability committee review, it faces stiff opposition from Muslim and Jewish groups and the American Civil Liberties Union (ACLU).

Proponents of the bill claim that it is a protective measure for residents of the state of Florida in that it prevents the denial of any rights by a religious group or foreign entity. Supporters use the appalling lack of women´s rights in countries like Pakistan and Afghanistan as examples of religion-backed denial of basic freedoms. Supporters also deny that the legislation targets any single religion or country and that the bill, if passed, would be protection for all Floridians.