Scott vetoes alimony and child support overhaul, again

TALLAHASSEE — For the second time in three years, Gov. Rick Scott has vetoed legislation aimed at overhauling Florida’s alimony and child-support laws.In 2013, Scott vetoed an alimony bill, objecting its ability to “retroactively” impact divorce and child custody agreements.

This time, Scott on Friday vetoed an alimony bill (SB 668), which passed 24-14 in the Senate and 74-38 in the House, saying he disagreed with establishing a legal “premise” that every divorce case should start with a 50-50 child-sharing arrangement. Scott said the “interests of the children” should come first before establishing a child-sharing arrangement.

“Current law directs a judge to consider the needs and interests of the children first when determining a parenting plan and time-sharing schedule,” Scott wrote in his veto message. “This bill has the potential to up-end that policy in favor of putting the wants of a parent before the child’s best interest by creating a premise of equal time-sharing.

“Our judges must consider each family’s unique situation and abilities and put the best interests of the child above all else,” Scott added.

The child-sharing provision, which was strongly backed by Senate Appropriations Chairman Tom Lee, R-Brandon, became the most controversial portion of the legislation, which was sponsored by Sen. Kelli Stargel, R-Lakeland, and Rep. Colleen Burton, R-Lakeland.

The House bill, without the 50-50 premise, had won the support of the Family Law Section of The Florida Bar, which backed the effort to establish a formula for alimony payments based on the length of a marriage and the income levels of the spouses.

The Senate added the 50-50 provision to the alimony bill and the House, including Rules Chairman Ritch Workman, R-Melbourne, who had originally opposed the measure, agreed to accept the revised bill.

But following the session, the Family Law Section, joined by other opponents, including Florida NOW, began heavily lobbying Scott to veto the bill largely because of the child-sharing provision. The lawyers’ group hired several lobbyists with strong connections to Scott, including Jon Costello, who was Scott’s chief legislative lobbyist during his first two legislative sessions.

The reality of Scott’s second alimony veto is that lawmakers are likely to try again to revise law, taking into account the governor’s concerns.

In a statement, Workman, who is running for a Senate seat this fall, said he was disappointed in Scott’s veto, but fully understood “his reasons for doing so.”

If elected, Workman said he will support a legislative strategy that would separate the alimony reforms from the attempt to revamp the child-sharing law.

“The governor’s message is clear. We must tackle each issue in family law separately rather than lumping them all together,” he said.

But Workman said the second veto does not diminish the need change the law.

“The system has long been in need of significant (overhaul) and Florida families deserve consistency and fairness in their divorce proceedings,” he said.

Emotions ran strong on both sides of the debate, with Scott’s office receiving over 12,000 phone calls on the issue, culminating in groups of opponents and supporters of the bill converging on Scott’s office on Tuesday.

“This bill’s proposed revisions to Florida’s alimony and child custody laws have evoked passionate reactions from thousands of Floridians because divorce affects families in many different ways,” Scott acknowledged.

But in dealing with the two alimony bills, Scott said he has looked at the long-term, “real life repercussions.”

“As a husband, father, and grandfather, I understand the importance of family and the sensitivity and passion that comes with the subject of family law,” said Scott, who has been married 44 years to his wife Ann. “Family law issues are very personal, and nearly every family comes to the court with different circumstances and needs.

“As such, we must be judicious and carefully consider the long term and real life repercussions on Florida families.”

WHAT THE BILL WOULD HAVE DONE

Gov. Rick Scott on Friday vetoed a bill that would have made major changes in Florida’s alimony and child-support laws. The measure would have:

■ Eliminated permanent alimony and other types of alimony, including duration and rehabilitative alimony, creating only one type of post-dissolution alimony. Temporary alimony, awarded during a divorce proceeding, would remain.

■ Established a formula for setting ranges on alimony, with larger awards going to marriages of 20 years or more. Alimony would not be granted, in most cases, to marriages of less than two years.

■ Limited the duration of alimony generally to 25 to 75 percent of the length of the marriage.

■ Modified or ended alimony if the spouse paying the alimony retires or if the spouse receiving the alimony has a significant change in income, defined as an increase of more than 10 percent.

■ Modified or eliminated alimony if the spouse receiving the alimony enters a “supportive relationship,” defined as a relationship that provides economic support equivalent to a marriage.

■ Capped alimony and child support payments to no more than 55 percent of the income of the spouse making the payments, with child support being reduced if that cap is exceeded.

■ Created a legal “premise” that children should “spend approximately equal amounts of time with each parent” after a divorce.

■ Required a judge to explain in writing the child-sharing arrangement, although it would not apply if the parents reach an agreement on their own.

At Families Firm Law Firm “Where your family comes First”. Serving Sarasota, Bradenton, Venice, Port Charlotte and surrounding areas.