Two measures have been introduced in the Florida State Legislature that would repeal minimum mandatory sentences for drug offenses and nonviolent crimes, and would increase substance abuse treatment for inmates.  The reason behind these changes is financial, but the impact on your case or that of your friend or loved one could be substantial.

Take for instance a current Albaugh Law Firm client, age 79, facing a charge of trafficking in oxycodone.  Currently this charge carries a 3-year minimum mandatory prison sentence.  Given his age and health this could turn into a life sentence.  However, under the new legislation he would be eligible for probation if convicted.

Contact the Albaugh Law Firm today at 904-823-1717 if you, a friend, or loved one is facing a minimum mandatory prison sentence to see if this new legislation could help them avoid prison.

Check back for updates on whether or not this legislation becomes law, and for other changes that may effect you.

Significant changes to Florida’s Family Law statutes may affect your Divorce, Paternity, Child Support or Time-Sharing case. Below is a brief description of some of those changes:

CHILD SUPPORT CALCULATIONS

Is the other parent in your case currently getting a reduction in child support based on a time-sharing schedule that gave them 40% or more of the overnights each year? Your child support may need to be recalculated and modified.

The previously used 40% (or 146 overnights) rule has been removed from the child support calculation. The new calculation for child support uses the “gross up method” when both parents have at least 20% (or 73) of the overnights in a year. A modification of your child support may be warranted based on this change in the law.

In addition, effective January 1, 2011 Section 61.30(11)(a)11(b)8 is amended so that “SUBSTANTIAL AMOUNT OF TIME” means that a parent exercises time-sharing at least 20% of the overnights of the year.

A parent’s failure to regularly exercise the court-ordered or agreed time-sharing schedule (when the failure is not caused by the other parent) which resulted in the adjustment of the amount of child support shall be deemed a substantial change of circumstances for purposes of modifying the child support award. A modification pursuant to this paragraph is retroactive to the date the noncustodial parent first failed to regularly exercise the court-ordered or agreed time-sharing schedule.

Is the other parent in your case providing false or misleading financial information to you or the court, or are they failing to provide any information at all? We can argue the court should impute the highest income supported by the facts to the other parent to ensure child support is calculated correctly.

Effective January 1, 2011 Section 61.30(2), Florida Statues, which addresses IMPUTED INCOME for the purposes of calculating child support is amended as follows:

If the information concerning a parent’s income is unavailable, a parent fails to participate in a child support proceeding, or a parent fails to supply adequate financial information in a child support proceeding, income shall be automatically imputed to the parent and there is a rebuttable presumption that the parent has income equivalent to the median income of year-round full-time workers as derived from current population reports or replacement reports published by the United States Bureau of the Census. However, the court may refuse to impute income to a parent if the court finds it necessary for that parent to stay home with the child who is the subject of a child support calculation or as set forth below:

1. In order for the court to impute income at an amount other than the median income of year-round full-time workers as derived from current population reports or replacement reports published by the United States Bureau of the Census, the court must make specific findings of fact consistent with the requirements of this paragraph. The party seeking to impute income has the burden to present competent, substantial evidence that:
2. The unemployment or underemployment is voluntary; and
3. Identifies the amount and source of the imputed income, through evidence of income from available employment for which the party is suitably qualified by education, experience, current licensure, or geographic location, with due consideration being given to the parties’ time-sharing schedule and their historical exercise of the time-sharing provided in the parenting plan or relevant order.
4. Except as set forth in subparagraph 1, income may not be imputed based upon:
5. Income records that are more than 5 years old at the time of the hearing or trial at which imputation is sought; or
6. Income at a level that a party has never earned in the past, unless recently degreed, licensed, certified, relicensed, or recertified and thus qualified for, subject to geographic location, with due consideration of the parties’ existing time-sharing schedule and their historical exercise of the time-sharing provided in the parenting plan or relevant order.

Is your child in child care? Your child support may need to be recalculated and modified.

Effective January 1, 2011 Section 61.30(6), Florida Statues, is amended so that the 25% reduction that was previously considered when calculating WORK RELATED CHILD CARE costs is no longer a factor.

Instead, we will now calculate each parents’ costs of work related child care based on his/her percentages of the combined net income.

CHILD ABDUCTION / KIDNAPPING

Has the other parent taken and/or withheld your child without permission from you or the court? We can ask the court to use its recently increased power to help us get your child back.

Effective January 1, 2011 Section 61.45 is amended and the “CHILD ABDUCTION PREVENTION ACT” outlines the courts increased authority relating to child abduction prevention.

If you would like to discuss how these changes in the law or any other issues may effect your case, call the Albaugh Law Firm at 904-823-1717 for a free initial consultation.