Modification of Alimony as a result of a party's cohabitation was recently addressed by the Florida Legislature when it passed the Florida Alimony Reform Bill on March 8, 2016. The bill was vetoed by Governor Scott on April 15, 2016.
Florida Alimony Reform 2016
The Florida Alimony Reform Bill was passed by the Florida Legislature on March 8, 2016. It was vetoed by Governor Scott on April 15, 2016. Under the Alimony Reform Bill, significant changes were made to the ability to make a modification of alimony. The court is permitted to terminate or modify the amount of a support award, however, a court may not modify the duration of the award. When the parties enter into a marital settlement agreement which requires the payment of alimony, or when a payor is required by a court order to make alimony payments, and the financial ability of either of the parties changes, either party can apply to the court for an order increasing or decreasing the amount of support. The court may then order a modification if the court finds that it is fair, in light of the change in circumstances or the parties' financial ability. A court may not increase or decrease the duration of the payments provided for in the court order or in the agreement.
Florida Alimony Reform Bill 2016
Florida Alimony reform legislation was recently passed by the Florida Legislature on March 8, 2016. It was vetoed by Governor Scott on April 15, 2016. The Florida Alimony Reform bill created alimony guidelines. Under these alimony guidelines the court was required to calculate a presumptive alimony amount and a presumptive alimony duration.
Paternity Unwed/Unmarried Parents Attorney in Boynton Beach
In a paternity unwed/unmarried parents case, two men both sought to be declared the father of a child. In J.A.I. v. B.R., the Florida Court of Appeal stated if a person signs a notarized voluntary acknowledgment of paternity, this acknowledgment creates a presumption of paternity that is rebuttable. When 60 days have elapsed after the signing of the voluntary acknowledgment of paternity, the acknowledgment constitutes an establishment of paternity and may be challenged in court only on the basis of fraud, duress, etc. The burden of proof is then placed upon the challenging party.
