[FL] [FL] Can I waive alimony and child support in exchange for a lump-sum payment?

Lexi, Chatbot

I understand how important it is to have all the necessary documents for your settlement agreement. Can you tell me what type of settlement agreement you are working on?

Lexi, Chatbot

Have you already submitted this agreement to any parties involved, or is it still in draft form?

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your divorce settlement agreement.

Craig

Hey there! I'm Craig, an attorney with many years of experience. I understand you're working on a divorce settlement agreement and have questions about the necessary documents and creating a position statement for mediation. Have you considered any specific terms or conditions you want to include in your position statement?

Craig

1. Core Documents to Attach to a Florida Divorce Settlement Agreement
Since you’re self-represented and want the agreement ready for mediation, here’s what’s typically included in your packet:

• Marital Settlement Agreement (MSA) – main document with all terms (property division, lump sum, insurance, retirement, debts), with a clause allowing it to be incorporated into the Final Judgment (§ 61.079).
• Parenting Plan – required when there are minor children, covering parental responsibility, timesharing, decision-making, and key issues like school and medical care (§ 61.13). 
• Child Support Guidelines Worksheet – even if you waive child support, it shows the guideline amount and supports a voluntary waiver.
• Financial Affidavit – shows income, expenses, assets, and supports your lump-sum request instead of ongoing support (Rule 12.285).
• Exhibits – lists of assets/debts, the parenting plan, support worksheet, and any insurance or college fund documentation.

2. Calculating the Lump-Sum Payment
The lump sum can be framed as property equalization, taking into account:

• Your historic financial contributions (insurance, tuition, mortgage, expenses).
• Health issues and reduced earning capacity.
• 401(k) withdrawals to support the family.
• Any equity in major assets (like the marital home) your husband might keep.

Label it as a “Lump-Sum Property Equalization Payment” rather than alimony.

3. Position Statement for Mediation
Position statement should include:

• Background of the marriage and your child.
• Your health history, your mother’s Alzheimer’s, and why you moved out.
• Your financial reality (disability income, depleted retirement, college/dorm costs).
• Issues to resolve: property and debt division, lump-sum in lieu of support, parenting/education responsibilities.
• A proposal: waiver of alimony and child support in exchange for a one-time lump-sum payment and each side paying their own attorney’s fees.
• Goal: a fair, respectful resolution that protects stability for your son.

4. Mediation Tips
Bring printed copies of documents, focus on agreements first, frame your requests as reasonable, and be prepared with your financial affidavit and parenting plan.