Last week, the Florida Legislature introduced four separate pieces of legislation of note. Three of the bills introduced deal with alimony, and the fourth deals with timesharing/parenting plans.
The three bills dealing with alimony (House Bill 455 and Senate bills 250 and 668) have different language, which we have not yet looked into. We do not anticipate reading them to determine their differences at this time, because at some point all three bills will be reconciled into a single bill that will be voted upon. We will look at the reconciled bill at the appropriate time. All three contain alimony guidelines.
The fourth bill (House bill 553) would amend section 61.13(3). It would establish that timesharing schedules would be equal by presumption, and to overcome the presumption the court shall consider all of the factors affecting the welfare and interests of the child and circumstances of the family. The list of factors that we are accustomed to are to be changed slightly for clarity, and there are two new factors added. The two new factors are:
- The amount of time-sharing requested by each parent.
- The frequency that a parent would likely leave the child in the care of a non-relative on evenings and weekends when the other parent would be available and willing to provide care.
HB 553 also would require that there be written findings if the order establishes an initial time-sharing schedule that does not provide for equal time-sharing. Finally, it also would codify the requirements of Wade vs. Hirschmann that modification may not be made without a finding that the modification is in the best interest of the child and based upon a showing of a substantial, material and unanticipated change of circumstances.
All four bills are in committee, and will not come up for a vote in the full legislature until they pass through the committee with or without amendments. Update to follow when more is known.