FL 61.30 Child Support Guidelines Establishes the guidelines for calculating child support in Florida. Provides the Basic Support Obligation schedule based on combined net monthly income and number of children. Governs adjustments for health insurance, childcare, timesharing, and extraordinary expenses. child_support http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.30.html FL 61.14 Modification of Support, Maintenance, Alimony, or Child Support Authorizes courts to modify child support and alimony orders when there is a substantial change in circumstances. For child support, requires the change to meet the 15% or $50 threshold under FL 61.30(1)(b). modification http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.14.html FL 61.08 Alimony Governs alimony awards in dissolution cases. AMENDED 2023 (HB 1409, effective July 1, 2023): Permanent alimony eliminated. Durational alimony capped at length of marriage. Pre-2023 permanent alimony orders may still be modified under new standards. alimony http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html FL 61.13 Support of Children; Parenting and Time-Sharing Governs parental responsibility, timesharing schedules, and parenting plans. FL 61.13(2)(c) specifically addresses timesharing in domestic violence situations. Best interests of the child standard applies. timesharing http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html FL 61.21 Parenting Course; Requirement Requires both parents to complete a parenting course when minor children are involved in a dissolution or modification proceeding. Must be completed before final hearing. Miami-Dade approved courses available through the court. procedure http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.21.html FL 61.075 Equitable Distribution of Marital Assets and Liabilities Governs the distribution of marital assets and liabilities in dissolution proceedings. Presumption of equal distribution. Applies in dissolution cases — not directly applicable to child support modification. dissolution http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html FL 61.052 Dissolution of Marriage Establishes grounds for dissolution of marriage in Florida. Florida is a no-fault divorce state — irretrievable breakdown of the marriage is sufficient grounds. No showing of fault required. dissolution http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.052.html FL 61.021 Residence Requirement Requires at least one party to have been a Florida resident for at least 6 months before filing for dissolution of marriage or modification. Must be proven by driver's license, voter registration, or witness testimony. procedure http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.021.html FL 61.1301 Income Deduction Orders Mandatory income withholding order must be entered with every child support or alimony order. Employer deducts from paycheck and remits to Florida State Disbursement Unit (SDU). Exceptions only for good cause shown or written agreement between parties. enforcement http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.1301.html FL 61.30(17) Child Support Retroactivity Modified child support is retroactive only to the date the petition for modification was filed. Cannot seek retroactive modification for periods before the filing date. Critical rule often missed by pro se filers. modification http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.30.html FL 742.10 Establishment of Paternity Governs the establishment of paternity in Florida. Methods include voluntary acknowledgment, administrative order, or court proceedings. Once paternity is established, child support and timesharing may be addressed. paternity http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0742/Sections/0742.10.html FL 741.30 Domestic Violence Injunctions Provides for injunctions for protection against domestic violence. An active injunction affects mediation requirements, timesharing, and all court proceedings. Pro se litigants with active DV injunctions should strongly consider legal representation. domestic_violence http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0741/Sections/0741.30.html FL 44.102 Referral to Mediation Authorizes courts to refer civil matters to mediation. In family law cases, mediation is generally required before final hearing. Miami-Dade Family Mediation Unit provides services. procedure http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0044/Sections/0044.102.html FL 44.108 Mediation Confidentiality; Mediator Fees Governs mediator fees and confidentiality. Miami-Dade County provides county mediators at no cost for qualifying income levels (under 200% FPL). Parties may apply for mediator fee waiver in conjunction with civil indigent status. procedure http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0044/Sections/0044.108.html FL 57.082 Determination of Civil Indigent Status Process for determining civil indigent status for fee waivers. Income threshold: less than 200% of federal poverty level. Application filed with clerk of court. If approved, filing fees and service fees are waived. fee_waiver http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0057/Sections/0057.082.html FL 1.070 Process — Service of Process Governs service of process in civil actions. Summons must be served within 120 days of filing. If not served within 120 days, court may dismiss or extend time for good cause. Pro se tip: aim to serve within 30 days of filing. procedure http://www.floridabar.org/rules/frcp/ FL 1.140 Defenses — Time to Answer Respondent has 20 days from date of service to file an answer or other responsive pleading. Failure to respond within 20 days may result in a default judgment being entered against the respondent. procedure http://www.floridabar.org/rules/frcp/ FL 1.280 General Provisions Governing Discovery Governs the scope and limits of discovery in civil proceedings. Discovery may cover any matter relevant to the subject matter of the pending action. Allows discovery of information reasonably calculated to lead to admissible evidence. discovery http://www.floridabar.org/rules/frcp/ FL 1.310 Depositions Upon Oral Examination Governs oral depositions. Minimum 10 days notice required (FL 1.310(b)). Maximum 7 hours per deponent per day (FL 1.310(d)). Video recording allowed with notice. Deponent may object to questions on privilege grounds. discovery http://www.floridabar.org/rules/frcp/ FL 1.340 Interrogatories to Parties Written questions directed to a party. Responding party has 30 days to answer in writing under oath. Limited to 30 interrogatories without court permission. Commonly used to discover income, assets, employment, and expenses. discovery http://www.floridabar.org/rules/frcp/ FL 1.350 Production of Documents and Things Request for production of documents, electronically stored information, or tangible things. Responding party has 30 days to respond. Used to obtain tax returns, pay stubs, bank statements, business records. discovery http://www.floridabar.org/rules/frcp/ FL 1.370 Requests for Admission Written requests to admit or deny specific facts. Responding party has 30 days to respond. Facts not denied within 30 days are deemed admitted. Useful for establishing undisputed facts and narrowing issues before hearing. discovery http://www.floridabar.org/rules/frcp/ FL 1.351 Production of Documents Without Deposition (Subpoena) Allows subpoena of documents from third parties (employers, banks, accountants) without requiring a deposition. Third party has 30 days to respond. Commonly used to subpoena employer payroll records when respondent income is unknown or disputed. discovery http://www.floridabar.org/rules/frcp/ FL 1.380 Failure to Make Discovery; Sanctions Motion to Compel filed when opposing party fails to respond to discovery requests or deposition notice. Court may impose sanctions including striking pleadings, entering default, or finding contempt. File within 5 days of deposition no-show. discovery http://www.floridabar.org/rules/frcp/ FL 12.285 Mandatory Disclosure Both parties must exchange financial information within 45 days of service of petition. Required documents include last 3 years tax returns, last 3 months pay stubs, last 12 months bank statements, and business records if self-employed. Failure may result in sanctions. disclosure http://www.floridabar.org/rules/flfr/ FL 12.922 Default Governs the default process in family law cases. If respondent fails to respond within 20 days of service, petitioner may move for default. Motion for Default filed with clerk, followed by Motion for Final Judgment by Default. Respondent may move to set aside default for good cause. procedure http://www.floridabar.org/rules/flfr/