IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR

COLLLIER COUNTY, FLORIDA CIVIL ACTION

IN RE: THE MARRIAGE OF:

,

Petitioner,

andCASE NO.:13- -EVK-CG

,

Respondent.

,

REPORT AND RECOMMENDED FINAL JUDGMENT

OF DISSOLUTION OF MARRIAGE

(WITH MINOR CHILD(REN)

ATTENDANCE:

X Petitioner Attorney For Petitioner

Respondent Attorney For Respondent

X Court Reporter__X_____Clerk of Court

Address of Reporter if any: COURT SMART

THIS CAUSE came before this Honorable Court, the Magistrate, María I. Dente presiding, on the ___ day of ______, 20__ for a Final Hearing on a Petition for Dissolution of Marriage. The Court, having reviewed the file and heard the testimony, makes these Findings of Fact and reaches the following Conclusions of Law:

JURISDICTION

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  1. Referral to Magistrate. The Court has jurisdiction over this case and proceeding pursuant to an Order of Referral to the Magistrate, dated _____, 20__. No objections were filed in connection therewith within the time period allowed by Rule 12.490 of the Florida Family Law Rules of Procedure. The Magistrate has jurisdiction pursuant to Florida Family Law Rule, 12.490, et seq.
  1. Subject Matter Jurisdiction. The Court has jurisdiction over the subject matter of the dissolution of marriage proceeding. At least one of the parties has been a resident of the State of Florida continuously for 6 months prior to the filing of the Petition for Dissolution of Marriage in this case, pursuant to the testimony and corroborative evidence filed in this action.
  1. Child Custody Jurisdiction. The Court has jurisdiction over the child custody matters and the children pursuant to the Uniform Custody Child Jurisdiction Enforcement Act (“UCCJEA”) filed in this matter. An Affidavit filed in conformance therewith was filed in this action.

OR

The Court has NO child custody jurisdiction pursuant to the Uniform Custody Child Jurisdiction Enforcement Act (“UCCJEA”) filed in this matter. (ADD WHERE APPLICABLE: No child custody determination is sought in the pleadings.

  1. The Court has jurisdiction over the party/parties.
  2. Both parties were present in the Courtroom and each was self-represented.
  3. The Petitioner is self-represented and was present in the Courtroom.
  4. The Respondent is believed to be a resident of the State of Florida and was served with process as set forth below and did not appear. A DEFAULT has been entered against him/her in this matter on ______, 20__.
  1. Method of Service
  2. The Respondent is believed to not be a resident of the State of Florida.
  3. Personal jurisdiction over the Respondent is not necessary in order to dissolve the marriage and determine custody of minor children. Section 61.061 of the Florida Statutes; Hurlock v. Hurlock, 703 So.2d 535 (Fla. 4th DCA 1997). Said Respondent was served with process as set forth below and did not appear. A DEFAULT has been entered against said Respondent in this matter on xxx.

OR

Method of service

  1. Personal jurisdiction has been obtained over the Respondent based on minimum contacts with the State of Florida as follows pursuant to Section 48.193(1)(e) of the Florida Statutes:

(1)The parties maintained a marital domicile in the State of Florida as of the date of filing of the Petition for Dissolution of Marriage in this action; or

(2)The Respondent resided in the State or Florida preceding the commencement of this action; or

(3)see 48.193

OR – Personal service cannot be had on the Respondent and Respondent was duly served pursuant to Chapter 49, Florida Statutes. Respondent has failed to serve any response and is in default.

MILITARY SERVICE

  1. Neither party is currently a member of any branch of the United States Armed Services nor were they 30 days prior to the filing of the Petition for Dissolution of Marriage. (If they are, and military person is the filer, ok; if respondent, certain notice and response requirements)

JUDGMENT OF DISSOLUTION

  1. The parties were married on ______. The parties’ date of separation is ______. The Petition for Dissolution of Marriage was filed on ______. Said Petition shall be GRANTED. Competent substantial evidence supports a determination that the marriage between the parties is irretrievably broken. Therefore, a judgment of divorce shall be entered, the marriage between the parties is dissolved and the parties are restored to the status of being single.

MARITAL SETTLEMENT AGREEMENT

  1. MARITAL SETTLEMENT AGREEMENT. [No] Marital Settlement Agreement exists in this matter. - OR - The parties have entered into a Marital Settlement Agreement. It was executed by the Husband and by the Wife and it was filed with the Court on ____.
  1. The Agreement settles all of the issues in this case.
  2. The parties believe the Agreement is fair, with due regard to the circumstances and notwithstanding it may represent a compromise of previously disputed issues.
  3. The Agreement was signed freely and voluntarily.
  4. The Agreement should be approved and adopted by the Final Judgment.

ISSUES REGARDING MINOR CHILDREN

  1. The Wife testified that she is not currently pregnant. The following are the minor child(ren) which are the issue of this marriage:

NameDate of Birth

  1. PARENTING PLAN/PARENTAL RESPONSIBILITY:
  1. The parties shall have shared parental responsibility of the children of their marriage listed above.
  1. After consideration of the statutory factors in F.S.61.13, the Court finds the provisions of the Parenting Plan filed by the parties in this action OR contained in this Recommended Judgment to be in the best interests of the child/children and that the Plan should be adopted in the Court’s Final Judgment.

CHILD SUPPORT & RELATED FINANCIAL OBLIGATIONS

  1. CHILD SUPPORT. The Husband/Wife shall pay to the Husband/Wife the sum of $______per month as child support beginning on______, 20__ and continuing on a like day of each month until the youngest of the minor child/children reaches the age of 18 unless extended by operation of law or by court order.
  1. Day Care Costs. The amount set forth above includes $______per month representing payments towards the child care expenses of the child/ children as required by the child support guidelines of the Florida Statutes.

OR. Presently, there are no child care costs.

  1. Health Insurance. The Husband/Wife shall maintain and pay for health insurance for the minor child/ children so long as it is reasonably available at a rate not to exceed five per cent of the paying parent’s gross monthly income. The amount set forth above includes $______per month representing payments towards the medical insurance costs associated with the child(ren)’s coverage as required by the child support guidelines of the Florida Statutes. The parent so maintaining said insurance shall provide the other with proof of this coverage and an insurance card within sixty (60) days of this Report and Recommended Order Final Judgment.
  1. Place of Payment. The shall pay to the the sum of $ .00 as ongoing child support for the parties’ minor child PLUS $ .00 as retroactive child support FOR A TOTAL OF $ .00 per month, until retroactive child support is zero, commencing on through the Clerk of Court Depositoryplus any applicable statutory service charge. The Husband shall be responsible for the service charge and shall include this amount with each payment. The service charge is 4% of the payment amount(minimum $1.25 and maximum $5.25 per payment) as might be modified or amended by the Legislature from time to time. Each payment shall include: the County, the Court Case Number, and the names of each party. Each Party shall keep the Collier County Clerk of Court/Court Depository informed of their respective current addresses. Each Party shall notify the Clerk of Court in writing within 7 (seven) days of any change of address. The Parties’ current addresses are set forth in the Court file. The address for the Collier County Clerk of Court is: Collier County Clerk of the Circuit Court, Child Support, 3315 Tamiami Trail East, Suite #102, Naples, FL 34112-5324.
  1. Non-Covered Health Expenses. As provided in their Settlement Agreement, the parties shall each pay one-half (½) of the child/children’s reasonable and necessary health related expenses incurred on behalf of the children not covered by insurance for a length of time as provided by law. Xxx OR xxX As provided by F.S.61.13(1)(b), the father shall be responsible for ____% and the mother shall be responsible for ____% of the child/children’s reasonable and necessary uncovered health related expenses not covered by insurance for a length of time as provided by law.
  1. Support Arrearage. The Husband/ Wife has not paid any amounts to or on behalf of the Wife/ Husband for the benefit of the minor child/ children. The Wife/ Husband requested temporary child support pursuant to ______filed on ______. The Husband/Wife owes and shall pay arrearages to the Wife/ Husband for the following period of time: ______. The resulting arrearage amount is $______. He/ She shall pay $______per month towards this arrearage at the same time that he/ she pays the monthly child support through the Central Disbursement Unit.

OR

F.S. 61. 13 (17) provides for the Court to make an award of child support retroactive to the date of filing the Petition For Dissolution of Marriage (which was ______) or to the period of separation, but in no event prior to 24 months from the date of filing. The Husband/Wife owes and shall pay arrearages to the Wife/ Husband for the following period of time: ______. The resulting arrearage amount is $______as of ______, 20__. He/ She shall pay $______per month towards this arrearage at the same time that he/ she pays the monthly child support through the Court Depository.

  1. Child Support Computed In Conformity With F.S. 61.30. The award of child support and arrearage payments was based on the following:
  1. Income of the Husband is found to be as set forth in the Child Support Guideline Worksheet attached as Exhibit ___, which is incorporated by reference.

OR

  1. The Husband has the imputed ability to pay the above child support and arrearage payments based on the following findings:

(1)State w specificity the evidence upon which you relied in imputing income to the obligor.

  1. Income of the Wife is found to be as set forth in the Child Support Guideline Worksheet attached as Exhibit ___, which is incorporated by reference.

OR

  1. The Wife has the imputed ability to pay the above child support based on the following findings:

(1)State w specificity the evidence upon which you relied in imputing income to the obligee

  1. Non-Applicability of Child Support Guidelines. Child support should not be set by F.S. 61.30, Florida's child support guidelines. The basis for ordering more / less (CHOOSE) than the guidelines amount of child support pursuant to section 61.30, Florida Statutes is [STATE FINDINGS – The Court must make specific, written findings why awarding the amount of child support required by section 61.30, Florida statutes, would be unjust or inappropriate if the amount awarded is different from the guidelines amount by plus or minus five percent (5%) – SEE F.S. 61.30 (11) FOR THE STATUTORY CONSIDERATIONS].
  1. Income Tax Exemption. As the majority time parent the ___ is entitled to the exemption(s) for the minor child(ren) subject to this action. OR Pursuant their Settlement Agreement the parties have decided how to allocate the exemptions on their individual federal income tax returns. OR The child support computations reflect that the dependency exemption has been allocated to the Father because he has the greater income to utilize the exemption against, thus creating more disposable dollars for the payment of child support. The Father shall be entitled to claim the dependency exemption for the child in all years in which his ongoing child support obligation is paid in conformity with this order and provided he is not in default as of December 31 of each year. The Mother shall sign and deliver to the Father, upon the Father’s request, a Release form (currently Form 8332) as may be required by the IRS for the Father to claim the dependency exemption for the child. If however, the Father is not current in the payment of the ongoing child support obligation as of December 31 of each year, the Mother is not required to sign the release for that year.
  1. Income Deduction. As provided by Florida Statute 61.1301, a separate order for income deduction shall be entered which Order shall become effective immediately

OR...which shall become effective upon a delinquency in the payment of support of __ days. Good cause was shown to delay the effective date of the income deduction as follows:

  1. Implementing an immediate income deduction would not be in the child(ren)'s best interest because (EXPLAIN COURT'S FINDINGS OF FACT), and
  2. There is proof of timely payment of previously ordered support without an income deduction, and
  3. There is a written agreement between the obligor and obligee that the income deduction order not be effective immediately.

ALIMONY

  1. Both parties WAIVE their right to alimony or any request for alimony is DENIED, with prejudice. [this is what is usual w/ default cases, but can insert any modifications]

EQUITABLE DISTRIBUTION

  1. The testimony provided to the Magistrate indicates that no property or debts existed at the time of the final hearing which would be subject to equitable distribution. OR The parties have resolved in their Settlement Agreement all issues relating to equitable distribution. Consequently, the Magistrate rules as follows: [or if distributing assets, etc.]
  1. Assets: Each party shall maintain possession of any and all property currently in their possession and the possessor party shall be designated as sole owner of said property.
  1. Liabilities:Each party shall be solely responsible for all debts and liabilities existing in their own name and shall hold their former spouse harmless from same.

RESTORATION OF MAIDEN NAME

  1. The Wife’s request for restoration of her former name is granted and she shall hereafter be known as: xxx (delete if inapplicable)

ATTORNEYS FEES AND COSTS

  1. Each party shall be liable for payment of their own attorney fees and court costs.

OR

The Court grants the Former Wife's request for reasonable attorney fees and costs in an amount to be determined in a subsequent hearing. The Court reserves ruling until that time on whether to award some or all of the Former Wife's reasonable fees and costs.

OTHER

  1. Father/Mother has NOT Attended Parenting Class. The Father/Mother has NOT attended the mandatory Parenting Class. He/She was provided a brochure in open Court and instructed to attend and to file his/her certificate with the Clerk of Court OR have his/her instructor file the Certificate of Attendance for him/her. If the Father/Mother does not attend the class and file her Certificate by ______, 20__, an Order to Show Cause Shall issue for the Father/Mother to appear before the Court to show why he/she should not be held in contempt of court for failure to attend the parenting class.
  1. Father/Mother has NOT Filed a Financial Affidavit (Service Was NOT by Publication). The Father/Mother has NOT filed a Financial Affidavit as required by Fla. Fam R.C.P 12.285 (a) (1). He/She was provided a Florida Supreme Court Form 12.902(c) and (c) in open Court and instructed to complete the correct form, have it notarized, file the original with the Clerk and serve a copy on the opposing party/their counsel. If the Father/Mother does not file his/her Financial Affidavit by ______, 20__, an Order to Show Cause Shall issue for the Father/Mother to appear before the Court to show why he/she should not be held in contempt of court for failure to file and serve the required Financial Affidavit.

FINALIZATION OF THIS JUDGMENT

  1. Within fifteen (15) days from the date that this Recommended Final Judgment is sent to persons set forth below, either party may file an exception to this Recommended Final Judgment pursuant to Rule 12.490 of the Florida Family Law Rules and the procedures set forth in said Rule. This 15 day period includes a 10 day period allowed for parties to file such exceptions and a 5daymail period. After 15 days, the Circuit Court will execute an Order Adopting this Recommended Final Judgment and said Judgment shall be final at that time. The marriage of the parties is not dissolved until the Order Adopting has been signed by the Circuit Court Judge.

RESERVATION OF JURISDICTION

  1. The Court reserves jurisdiction to modify and enforce this Final Judgment.

DATED at Naples, Collier County, Florida, this ______day of ______, 20__.

BY: ______

Honorable María I. Dente

Magistrate Twentieth Judicial Circuit

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been provided this ______day of ______, 20__, to the following:

______

Magistrate Assistant

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