Divorce Florida Style

Q: My Husband and I were divorced four years ago in Miami-Dade County, where we last lived together with our daughters.  Two years ago, I moved back to West Palm Beach with the girls, for a job, and to be closer to my parents.

 We never formally entered into an agreement allowing my move, however, over time, we adjusted his visitation schedule to meet the distance now between us and the arrangement has been in place for some time, and seems to be working.

A few months ago my former husband, was hired for a much more lucrative position with a large Miami based company in the advertising field.  I read about it in the business section of the newspaper.  I asked him to re-calculate the child support, under the guidelines and he refused.

I found an attorney in West Palm Beach, and papers were prepared.   I filed the Petition for Modification in West Palm Beach; however, before the papers were served on my Ex, I was served with contempt papers, in the original Miami case for having moved to West Palm Beach without getting an agreement from the Ex.  It turns out that the contempt motion was filed in Miami-Dade a day before my modification Petition was filed in Palm Beach County.  I think he filed it as sort of a defense to my child support request for more money.

My lawyer told me that he was not certain whether we could proceed in West Palm with my Petition and defend against the contempt in Miami, but he would check into it.  Do you think my former husband, at this late date, can get the judge to make me move back to Miami?  Will the cases go forward in both counties, and just one county?  If one county, which one?

A: The answer to the procedural question seems to have been settled.  Normally it would have been appropriate to bring a Petition for Modification in any county in which you and the children now live, in Florida, even though you had been divorced in another Florida county under Florida statute 61.14(1).

Venue over a contempt motion, however, may be brought in the county in which the original dissolution of marriage judgment was entered or in the county in which the “defendant” in the contempt proceeding resides.  Here, your former husband could have brought the contempt motion in either Palm Beach County or Miami Dade County, but chose Miami-Dade for his convenience.

Since he filed his motion, before you filed your Petition for Modification the case can only proceed in Miami Dade.

The ultimate result of his contempt motion relies more on judicial discretion and, therefore, is closer question.  Ultimately, the best interest of the children will have to be considered, along with the statute regarding “removal” of the children from Miami-Dade County to Palm Beach County in effect at the time of the move. 

The move appears to have been before October 1, 2007, so the new statute would not apply.  In your favor are the facts that your former husband acquiesced to the move by agreeing, at least tacitly, to a new visitation schedule.

If your job is going well, your daughters are enrolled in good school and have made new friends, spend time with their grandparents, and are doing well it would not be likely that the judge would require your return to Miami-Dade at this late time.