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What Florida Statutes Could Affect Your Divorce?

Florida Statute 61.30: This Statute addresses child support by a mathematical grid calculation which the Judge is supposed to follow within 5% above or below the calculation amount. The grid takes combined net income of parents, factored by the number of children, to arrive at a combined child support amount. The total amount of support is divided prorata based on each Parent’s net income.

  1. Traditional Time Sharing: Where one Parent has overnights during all weekdays, except, ½ of the Summer, ½ of Holidays and every other weekend would be with the secondary residential parent; the grid in F.S. 61.30 would be applicable.
  2. Rotating or 50/50 Timesharing: Equally sharing the overnights based on some formula. The grid in F.S. 61.30 would not specially apply and a specific child support calculation would be made based on total overnights in the year each Parent has with the child(ren).

Florida Statute 61.13: This is the statute which the Judge must follow to resolve disputed child custody cases. Several pages (5) into the statute there are sections (a) through (t) which contain the mandatory considerations the Court must use to determine disputed custodial and timesharing issues. Note the last consideration addresses important factors not specifically mentioned. In other words anything that is relevant is admissible evidence.

Florida Statute 61.1301: This is the relocation statute. You can’t, as Primary custodial Parent, move, more than 50 miles from the custodial parents’ county of residence for more than 60 days without the other Parents written consent or authorization by the court consistent with the statute. Notice to the other Parent and their timely written objection require a Court hearing to have a relocation request resolved.

Divorce Is Complicated. We Can Help.

There are so many factors to consider when you get divorced that it may feel like an unending to-do list. Don’t worry, the legal team at the Law Offices of David R. Thomas, L.L.C. can help. Contact us online or call 850-307-5142 to schedule a consultation and meet a member of our staff.