Tag: child custody reform

Equal Timesharing Bill Blowing through Tallahassee

The winds of change are blowing as the latest equal timesharing bill, CS/HB 1395, moves through Tallahassee. Many parents, lawyers, psychologists and other experts wonder whether Florida will start requiring equal timesharing in all child custody cases.

Equal Timesharing

Typhoon Timesharing

It seems as if each new Florida legislative season has turned into a new hurricane season, dropping invasive lobbyists into Tallahassee to change our native, home-grown child custody and alimony laws.

Not surprisingly, once again the equal timesharing bill is hidden inside an alimony reform bill. Regarding alimony, Florida currently recognizes five main types of alimony: temporary, bridge-the-gap, rehabilitative, durational, and permanent.

In determining the type, amount, duration, and later modification or termination of an alimony award, the court has broad discretion but may only award alimony after initially determining that one spouse needs alimony and the other spouse is able to pay alimony.

For alimony purposes, this year’s House Bill increases presumptions relating to the length of a marriage, changes the types of alimony available, prohibits an award of alimony if the payor has met certain requirements for retirement before filing for divorce and prohibits an award of permanent alimony.

But few people – other than the experts and lawyers studying the bill – know that the alimony reform bill also creates a presumption that equal timesharing is in the best interest of a minor child. If passed, House Bill 1395, would codify into law a presumption of 50/50 timesharing between divorced parents. While this sounds fair, it poses a real risk to children.

Florida Timesharing

I’ve written on the legislative efforts to change to an equal timesharing state before. Historically, Florida courts have consistently ruled that a parent’s desire and right to the companionship, care, custody, and management of his or her children is an important interest that warrants deference and, absent a powerful countervailing interest, protection.

Florida law provides broad guidelines to assist courts in determining parenting and time-sharing of children based on the best interests of the child standard. It has been the public policy of Florida that each child has frequent and continuing contact with both parents after separation or divorce, and to encourage parents to share the rights and responsibilities, and joys, of childrearing.

To meet that state policy, there has not been a presumption for or against the father or mother of the child or for or against any specific timesharing schedule when creating or modifying the parenting plan of the child, and no presumption in favor of a specific time-sharing schedule when the parties are unable to agree.

Just as each divorce is unique, and is treated in a unique way, each timesharing schedule for a family is treated in a unique way for that family. By taking each case individually, you have a better chance of creating a parenting plan that best fits the children involved.

Winds of Change?

But now Florida is facing a Category 5 change. House Bill 1395 amends Florida law to create a presumption that equal time-sharing (commonly referred to as “50/50 time-sharing”) is in the best interests of a minor child common to both parties unless otherwise agreed to by the parties. This would be for every case, instead of the case-by-case basis looking into the details of what is best for kids.

This year’s legislative session started on January 11, 2022 and is scheduled to wrap up on March 11, 2022. The bill provides an effective date of July 1, 2022.

The Tallahassee Democrat article is here.

2021 Alimony Reform and Equal Timesharing

Two new bills which reform alimony and create an equal timesharing presumption were introduced into the Florida House and Senate after the Legislature opened this week. This is big news for all parents and spouses as the proposals make sweeping changes.

Alimony Reform

New Senate Alimony Bill

Sen. Joe Gruters and Rep. Anthony Rodriguez filed wide-ranging bills (SB 1922 and HB 1559) on Monday that would include eliminating the award of what is known as “permanent” alimony. Lawmakers have repeatedly considered alimony overhauls in recent years, with proposals dying during the 2020 session.

Former Gov. Rick Scott, who is now a U.S. senator, twice vetoed alimony proposals. In his second veto in 2016, Scott blamed an even more-contentious child custody component included in that year’s version of the bill. In 2013, Scott vetoed a different version, objecting that alimony changes could have applied retroactively.

Florida Alimony

In Florida, alimony is awarded to a spouse when there is a need for it, and the other spouse has the ability to pay for alimony.

Currently, Permanent Alimony is awarded to provide for your needs and necessities of life a they were established during your marriage, if you lack the financial ability to meet your needs and necessities of life following a divorce

As I have written before, alimony and equal timesharing reform bill have been filed for many years. Alimony can take various forms. Alimony can be awarded to “bridge the gap” between married and single life. This is usually a short-term form of alimony, and in fact, can’t exceed two years.

Alimony can be rehabilitative – to help a party in establishing the capacity for self-support by developing skills or credentials; or acquiring education, training, or work experience.

Durational Alimony is awarded when permanent periodic alimony is inappropriate. The purpose of durational alimony is to provide you with economic assistance for a time after a short or moderate term marriage, or even long marriages, if there is no ongoing need for support on a permanent basis.

Florida Time-Sharing

Florida has a public policy that each child has frequent and continuing contact with both parents after the parents separate or divorce and tries to encourage parents to share the rights and responsibilities, and joys, of childrearing.

However, there is no presumption for or against the father or mother of the child or for or against any specific time-sharing schedule when creating or modifying a parenting plan of the child.

Instead, Florida law considers the best interest of the child, taking into account several factors such as the capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required. Other factors look to the geographic viability of any parenting plan, the moral fitness and mental and physical health of the parents.

Other factors focus on the child, such as the home, school, and community record of the child, or the reasonable preference of the child, if the child is of sufficient intelligence, understanding, and experience to express a preference, and the developmental stages and needs of the child.

New Senate Timesharing Bill

The new Senate bill would dramatically alter the law. Although the bill purports to make the best interest of the child the test for determining all matters relating to parenting and time-sharing, the proposed bill would make it Florida law to presume that equal time-sharing with a minor child by both parents is in the best interest of the child.

Unless otherwise agreed to by the parties, there is a presumption that equal time-sharing is in the best interests of a minor child common to both parties. This subparagraph applies to all actions filed on or after July 1, 2021.

The Senate Bill is here.