DIY Divorce in Florida

Change # 7 2009 Florida Child Relocation Changes: Time Frames

Florida law changed again with respect to relocating a child during & after divorce. Effective October 1,
2009, the Florida Legislature made 8 major revisions to the child relocation law and procedure. This is the 7th of a continuing series of posts examining the changes to the child relocation law. 

Today's change has to do with timeframes.The changes to the Florida law which became effective on October 1,2 009, impose two different timeframes.

1. If a motion for temporary relocation is filed, the temporary hearing has to be held in 30 days (unless there is good cause) and

2. If an objection is filed, the final trial on the relocation petition must be held within 90 days.

Prior to these legislative changes, there was no standard time frame for setting hearings. In busy areas, this meant the relocation hearing was set months in the future, making it impossible to accept job offers out of the area. Although a delay of 90 days may mean some parents will still lose out on job offers, at least there is a clear end in sight with the 2009 changes to the child relocation law in Florida.

Related Posts:

8 Changes to the Child Relocation Law in 2009

Change #1 to Florida Child Relocation Law

Change #2 Child Relocation Procedure - How Far

Change #3 Florida Child Relocation - Notice

Change #4 Florida Child Relocation Law - Responding to the Relocation Petition

Change #5 Florida Child Relocation Procedure - Serving the Petition

Change #6 Florida Child Relocation Law - No Objection = No Hearing

Change #6: 2009 Florida Child Relocation Procedure - No Objection = No Hearing

The Florida procedure for relocating children during or after a Florida divorce changed again on October 1, 2009. In this continuing series about the 2009 divorce law changes, we look at what happens when the non-moving parent does not file an objection (on time) to the relocation of the children.

The procedure of Florida Statute 61.13001 now specifies that if the non-moving parent does not file an objection on time, there is a legal presumption that the move is in the best interest of the children and the petition can be granted without a hearing. The order will adopt the revised timesharing schedule that was proposed in the relocation petition.

If you are the non-moving parent, be sure that you file an objection on time if you object to the child moving. If your objection is not filed on time, the judge can find the move is in the best interest of the children and approve the relocation without a hearing.

Remember, with the DIY Divorce Crash Course, you always have the most up-to-date Florida divorce legal information. We help you represent yourself and do it right - Florida divorce without attorneys.

Related Posts:

8 Changes to the Child Relocation Law in 2009

Change #1 to Florida Child Relocation Law

Change #2 Child Relocation Procedure - How Far

Change #3 Florida Child Relocation - Notice

Change #4 Florida Child Relocation Law - Responding to the Relocation Petition

Change #5 Florida Child Relocation Procedure - Serving the Petition

Change #5 Florida Child Relocation Procedure: Serving the Petition

During or after a Florida divorce, there is a special procedure when a parent wants to relocate the children. The child relocation procedure is found at Florida Statute 61.13001. Florida's latest legislative changes to the  relocation procedure took effect on October 1, 2009.

In this continuing series, we look at the change to how the non-moving parent is notified about the relocation request.

In the past, the relocation notification was a letter sent by certified mail. The new procedure requires that the parent seeking to relocate the children file a Petition for Relocation with the court and serve the petition on the non-moving parent.

There are 2 ways to serve the Petition to Relocate:

1. It can be served by the sheriff's office (or certified process server) or
2. It can be sent by certified mail with restricted delivery, return receipt

Just like service of the divorce petition, these methods of service can be waived by written agreement of the parents.

When you represent yourself, you need to be aware of the law. Make sure you get the proper divorce information from someone who knows Florida law. The DIY Divorce in Florida Crash Course on Florida Divorce Law provides everything you need to represent yourself - including the most up-to-date legal information.

Related Posts:

8 Changes to the Child Relocation Law in 2009

Change #1 to Florida Child Relocation Law

Change #2 Child Relocation Procedure - How Far

Change #3 Florida Child Relocation - Notice

Change #4 Florida Child Relocation Law - Responding to the Relocation Petition

Change #2 2009 Child Relocation Procedure - How Far?

The 2009 Florida law on child relocation clarified 3 points about the 50 mile distance and when it applies:

1. The relocation procedure applies, even when there's no order, if there is a pending case 
   
2. The relocation must be for more than 60 days - ie, it's not temporary
3. The 50 mile measure is from the residence of the parent at the time the last time-sharing order was issued or when the pending case was filed.

Several appeal court decisions had started applying the relocation procedure to pending cases. Now it is official. Even if there is no time-sharing order (for example, when the case is first filed) the procedures of Florida Statute 61.13001 apply if you want to relocate your child more than 50 miles.

Related Posts

8 Changes to the Child Relocation Law in 2009

Change #1 to Florida Child Relocation Law

Change #3 Florida Child Relocation - Notice

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,