DIY Divorce in Florida

Florida Divorce: 3 More Changes to the 2009 Law

The Florida Legislature passed some new laws about Florida divorce and children in the last session. The new laws go into effect on October 1, 2009. We've already discussed the Parent Coordinator law. Today we review the provisions about Florida parental responsibility and best interest of children.

None of the three provisions is a big change to Florida divorce law. Instead these provisions provide some additional detail and guidance to judges deciding parenting plan issues. The new provisions include:

1. Modification of a parenting plan requires a substantial, material and unanticipated change of circumstances. The change must also be in the child's best interest. This is not new but the provision makes clear that the 2008 parenting plan legislation did not change existing law. Florida divorce law has always required a showing of substantial, material, unanticipated change that makes a modification of the parenting plan in the child's best interest before a final judgment will be modified.

2. A first degree misdemeanor (or higher) domestic violence conviction creates rebuttable presumption of detriment to child and shared parental responsibility can't be granted. Formerly Chapter 61's best interest factors included third degree domestic violence felonies and higher. Now consideration of first degree DV misdemeanors, one level lower than 3rd degree felony, is included. The big change is that the law lessens requires the convicted parent be informed of the presumption and if the presumptions is not rebutted, shared parental responsibility is prohibited when there is a qualifying DV conviction

3. When deciding a parenting plan, if the judge accepts evidence of domestic violence, sexual violence, child abuse or neglect, the written order must acknowledge that this evidence was considered in making the decision. Again, this one is not a big change in the law. Instead it gives instruction to judges (and lawyers) about how to write judgments after contested trials.

These are just three of the divorce and parenting plan law changes made in 2009 by the Florida legislature. When you represent yourself in a divorce or parenting case, you have important responsibilities. One of those responsibilities is to educate yourself on Florida divorce and parenting laws. DIY Divorce can help you understand the laws and procedures you must know when you act as your own lawyer in a Florida divorce case.

Join us for the next TeleTest Drive Florida Divorce Class. We'll help you determine Do You Have What It Takes to Represent Yourself in a Florida Divorce? and get the education you need to represent yourself in a Florida divorce.

Child Tax Exemptions & IRS: The Rules Are Different Now

IRS recently clarified that a divorce judgment that allows a noncustodial parent to claim an exemption for a child only if a condition is met does not conform to the substance of IRS Form 8332 “Release/  Revocation of Release of Claim to Exemption for Child by Custodial Parent.”  As a result, such an order can't be used by a noncustodial parent to substantiate a tax dependency exemption for a child.

One common condition in marital settlement agreements requires the non-custodial parent be current on child support payments before that parent can use the child tax exemption, or "take the deduction." The reason for using the condition is to prevent a parent who is not paying support from receiving a tax benefit.

But for tax years beginning after July 2, 2008, the IRS requires a custodial parent’s release of a claim to exemption for a child be separate from a court judgment.  The release must be on Form 8332 or must be a document that conforms to the substance of Form 8332 and that has as its only purpose the release of a claim to exemption.  If there is conditional language in your agreement or judgment, the noncustodial parent must have a signed Form 8332 from the majority timeshare parent in order to claim the child exemption.

For tax years before July 2, 2008, a noncustodial parent could attach pages of a divorce judgment executed on or before July 2, 2008, that “unconditionally” allows  the noncustodial parent to claim an exemption for a child, if the pages constitute a statement substantially similar to Form 8332. The rule is now different.

You'll want to include specific language about the issue of child dependency tax exemption and IRS release in your Florida divorce settlement agreement. 

Join me for a free teleseminar on July 20th if you want to know whether you've got what it takes to represent yourself in a Florida divorce case,

Florida Gets Parent Coordination Law: Take 2

Florida has not had a Parent Coordination law for about 5 years. Back then, the Florida legislature passed a Parent Coordination law but the courts found it unconstitutional. There continued to be support for implementing this child-focused, alternative dispute resolution process in Florida divorce cases. Last session, another Parent Coordination law was passed by the Florida legislature. It becomes effective on October 1, 2009.

The order appointing the Parent Coordinator must be specific on the authority and purpose of the sessions. Overall, a Parent Coordinator can:

1. Provide Education
2. Make Recommendations
3. Make limited decisions with prior approval of both parents & court

on any issue listed in the order. Granting Parent Coordinators the power to make final decisions was the problem with the previous law. This time, such decision making is limited to specific, limited items and it appears that both the parents and the court must agree to such decision making authority before it can be imposed.

That probably makes you curious about the qualifications of a Parent Coordinator. Licensed mental health professionals such as LMFTs, LCSWs and psychologists, Board-certified psychiatrists, certified family law mediators, and Florida attorneys are all eligible if they are in good standing with their respective licensing board and also:

1. Have at least 3 years of experience
2. Complete a family mediation course
3. Complete a minimum of 24 hours of training in Parent Coordination ethics, family systems, family dynamics in divorce, child development, family law & procedure and
4. Complete 4 hours domestic violence and child abuse training related to Parent Coordination

The court can add more qualifications if there is a need.

There is a clear emphasis that Parent Coordiantion is a dispute resolution process and that it is confidential. In fact, all communications made during sessions are confidential and Florida divorce law now strictly limits testimony about the content of Parent Coordination sessions.