Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.
Alimony can be used to help finish or get an education after a divorce is final. In Florida, alimony can be used as a rehabilitative form of support to help the needing spouse get a degree or certification to make it easier to qualify for a job.
Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.
Alimony in Florida does not have a calculation that can be used to determine the amount of alimony in a divorce. Florida law has been quiet on a fair amount for alimony, but has provided guidelines for the length of alimony. So, how is alimony calculated in Florida?
Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.
Florida divorces are decided as a no-fault matter. Florida no-fault law that rules divorces basically means that the reason for the divorce is not important in determining issues surrounding the divorce. In Florida, divorces separate assets and liability (debts) equally between the parties; alimony is based on a number of factors including the lifestyle of the parties during the marriage, the length of the marriage, etc.; and the time-sharing plan for the children is based on the best interest of the children. None of these factors are decided based on who did what during the marriage.
Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.
Florida divorce/family law courts recognize discrepancies in the incomes of both parties and have developed access to courts early in the process through a Motion for Temporary Needs. Once filed, there is a hearing to establish the needs of the parties until the divorce can be finalized. The motion for temporary needs can include the following issues:
Bankruptcy filings in Jacksonville, Florida have increased since the recession began. For many people going through a divorce or having been divorced where alimony is a factor often wonder if the alimony obligation can be discharged in bankruptcy.
According to the bankruptcy laws, only certain items are dischargeable in an action for bankruptcy as outlined inUnited States Code, Title 11, Chapter 13. According to bankruptcy and Florida law, the outcome from a discharge of an alimony obligation may be detrimental to the receiving party, therefore the alimony cannot be discharged in the bankruptcy court.
In addition, the debt incurred by a spouse, ex-spouse or child through a divorce action cannot be discharged by the bankruptcy, according toSection 523(a)(15) of 11 U.S.C. Sec. 23 .
The Florida Statutes 61.08 (4) define marriage durations for alimony as follows:
For purposes of determining alimony, there is a rebuttable presumption that a short-term marriage is a marriage having a duration of less than 7 years, a moderate-term marriage is a marriage having a duration of greater than 7 years but less than 17 years, and long-term marriage is a marriage having a duration of 17 years or greater. The length of a marriage is the period of time from the date of marriage until the date of filing of an action for dissolution of marriage.
In order for the court to make a determination of an alimony award, it must have evidence before it that establishes a factual basis for alimony. The court must determine both entitlement and amount to make an alimony award. The primary factors for entitlement are need of the payee spouse, ability of the payor spouse and the standard of living established during the marriage.
Generally, in a short term marriage, alimony is not awarded or is a negligible amount. However, that is usually because the party seeking it did not present evidence to establish a basis for the award. A spouse can always argue for an award of alimony but must be prepared to support a finding of fact for the award.
Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.
In Florida, if you are going separate ways in your marriage, divorce is not a requirement to receive alimony and/or child support in Florida. If you and your spouse are separated, then the party in need of spousal or child support may petition the court without filing for divorce (Florida Statute 61.09). This allows for parties to separate without the pressure of divorce if that is not their ultimate goal.
The Court establishes alimony based on the same factors that are considered in a divorce proceeding, per Florida Statute 61.08, such as length of the marriage, contribution of the parties during the marriage, lifestyle of the marriage, etc.
Child Support is determined based on the child support guidelines in Florida Statute 61.30, as it would be under any other proceeding in family law matters ( divorce, paternity, etc.).
Child Support is based on the income of the parties, so if alimony is awarded, it will be factored in as income to the receiving party for purposes of child support.
Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.
Alimony is a common factor in Florida divorce cases. Alimony or spousal support is determined using a number of statutory factors, including but not limited to the lifestyle of the parties during the marriage, the length of the marriage, the contribution of each spouse to the marriage, etc. Once alimony is determined, the Florida court awards that amount to the needing spouse and it is often in place until the end of time specified in the order. However, given certain circumstances, the alimony amount can be modified if there is substantial change in circumstance.
Florida Statute 61.14 provides for a modification of alimony or spousal support if certain factor are presented to the court and the threshold is met. Modifications in alimony can be a request by the needing party for an increase in support or the payor may request a decrease of the alimony amount. In order to establish a modification, the moving party must allege a substantial change in circumstance has occurred for the decrease or increase of spousal support to be changed. For example, if spousal support was awarded and the paying party discovers that the receiving party is cohabiting or residing with another person in a supportive manner.
Florida Statute 61.14 identifies a supportive relationship and provides actual provisions under which alimony may be terminated. These include, but are not limited to the following:
1. A supportive relationship exists between the party receiving alimony and the person s/he lives with.
2. In determining the degree of support, the court is allowed to find out the nature of the relationship between the alimony receiving party and the person with whom their is a supportive relationship (spouse, girl/boyfriend, friend, family member, etc.).
3. The relationship can be determined by how the two individuals hold themselves out in society, but still does not recognize common law marriage.
There are other factors used in determining a change in alimony or spousal support and it is best to speak with a qualified family law attorney regarding such issues before proceeding.
Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.
As a Jacksonville, Florida family law attorney, I represent clients in paternity, child support and divorce cases. Payment of obligations for child support and alimony seem to weigh on both parties because one needs the support and the other wants to make certain payments are made on time so there are no future actions for lack of payment. The answer is that Florida does allow income deduction orders to be entered against the party responsible for payment, which means that wages can be garnished for the support. Income deduction is an easy way for the obligor to pay the money owed and it allows the money to be direct deposited into the proper account. In addition, it allows for proper accounting of all monies paid so that accusations of nonpayment can be properly defended.
According to Florida Statute 61.103, an income deduction order can be entered in connection with an order that establishes the support obligation for child support or alimony. The income deduction order must state that an order for the obligation has been entered by the court and it must include the date the order was entered, the court that entered the order (i.e.
Jacksonville is the Fourth Judicial Circuit) and it must provide the court number associated with the original order.
Once the income deduction order is entered, the court must furnish the obligor with a statement rights and remedies associated therewith and provide details of the fees associated with the deduction, the amount to be deducted, that notice will be given to the obligor’s employer and that subsequent employers must be notified by the obligor, and other factors related to Title IV-D cases.
Income deduction orders can be a good tool used by both parties in a divorce, paternity or child support case because it helps protect the interests of both parties. and
Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.
Filing for divorce in Florida? Florida Statute 61.052 lays the ground work for filing for divorce in Florida. First, you must qualify by being a resident of Florida for at least six (6) months before filing a petition, then you must meet the requirements for a divorce to be granted.
In order to start a divorce, one party must file a petition for dissolution of marriage, which should allege the following: that the marriage is irretrievably broken or one spouse was adjudged mentally incapacitated at least three (3) years preceding the petition; whether there were children born, adopted or expected from the marriage; request for alimony; request child support; request for timesharing/parent plan; equitable distribution of marital assets and debts or unequal if there is a legitimate basis for the request (depletion of marital assets by one party); and any additional requests that may be sought.
The party that is served with the petition must file an answer to the petition within 20 days of the date of service. That party may also file a counter-petition requesting the same or similar things as those pled in the initial petition. If a counter-petition is filed, then an answer must also be filed to that petition within 20 days. Once everything is filed, then you can move on with the divorce by asking for a trial date.
During the time between filing a petition and before trial, there is a period of discovery, where both sides must provide documentation of their assets and debts along with a financial affidavit. There is a timeframe for all of the proper documentation to be provided to the other side.
Prior to attending a final hearing, the judge will require that you attend mediation to possibly settle the case before trial. Mediation is a chance for a neutral third party to assist both sides in working through some of the issues and hopefully settle their case without a trial.
Jacksonville Divorce Lawyer Blog