What is Considered “Income” for Alimony and Child Support Purposes?

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In a Florida family law case that involves a claim for alimony or child support, one of the most important preliminary considerations is how much income each party has.  In child support cases, each party’s income gets plugged into a formula that tells us what the law presumes is the correct amount of child support.  In alimony cases, the income of each party is important to help determine whether one spouse has the need for support and the other spouse has the ability to pay support.

You should keep in mind that the term “income” in family law cases is defined differently than how the term is used in the Federal Tax Code or in other situations.  Section 61.046, Florida Statutes (2011), defines “income” for family law purposes as follows:

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Video: Basic Allowance for Housing

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The following video from the Defense Management Travel Office describes Basic Allowance for Housing, or B.A.H.:

Servicemembers should know that Florida courts take B.A.H. into consideration when determining issues of child support and alimony.  B.A.H. may even be taken into account for matters of spousal support unconnected with dissolution of marriage (such as when a military spouse is not being financially supported yet does not want to initiate a divorce).

If you have questions regarding military issues affecting your family and you wish to speak with a Florida family law attorney, you may schedule a consultation with The Law Firm of Adam B. Cordover, P.A., by calling us at (813) 443-0615 or filling out our contact form.

 

Video: What does the Clerk of the Court do?

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Have you ever wondered what the clerk of the court does?  The following video from the Florida Association of Court Clerks describes the clerk’s role:

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What is a Simplified Dissolution of Marriage?

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Did you know that Florida offers a type of divorce that is relatively quick and painless?  This type of divorce does away with most of the mandatory financial disclosure requirements of other types of divorce, and you may be able to schedule a final hearing within a month of filing your paperwork.

What I am describing is known in Florida as a “simplified dissolution of marriage.”

Generally, a simplified dissolution of marriage is ideal for cases where there is a short-term marriage, no children, few (if any) shared assets, and you and your spouse are on good speaking terms.

Keep in mind that Florida does not allow everyone to go through the simplified process. You can only file for a simplified dissolution of marriage if all of the following statements are true:

  • You and your spouse have not had children together, either by birth or adoption;
  • The wife is not pregnant;
  • Either you or your spouse (or both) have resided in Florida for at least six months prior to filing for divorce;

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Video: Paying Child Support Online

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The following video from the Florida Association of Clerks of the Court discusses how parents and others can make child support payments online through http://www.myfloridaclerks.com:

I recommend utilizing the online portal as a way to keep track of your child support payments in case the other party claims that you have not been fulfilling your support obligation and initiates an enforcement action.  It is also important to have evidence, such as a printout from myfloridaclerks.com, to show you are current on payments in case you are attempting to modify your child support obligation.

If you have questions regarding child support and are looking to retain a Florida Child Support Lawyer, you can schedule a consultation by calling The Law Firm of Adam B. Cordover, P.A., at (813) 443-0615 or by filling out our contact form.

Video: Ten Reasons to Choose Collaborative Divorce

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Click the following link to view a video produced by the International Academy of Collaborative Professionals. The video follows Sally and Lionel, a couple that have agreed to let cameras into their interdisciplinary collaborative divorce process:

http://video.collaborativepractice.com/video/default.html

Additionally, the video expounds upon the following ten reasons to chose collaborative divorce over the traditional litigation model:

1) Lawyers are specially trained to reduce conflict and negotiate wise settlements

2) The opportunity to protect your children from the damage caused by a high conflict divorce Read more →

Text of Changes to the Alimony Statute

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On July 1, 2011, changes to section 61.08, Florida Statutes (the “Alimony Statute”) went into effect.  These changes narrow the circumstances under which permanent, periodic alimony will be awarded.  Below you will find the affected portions of the Alimony Statute, with the new language underlined:

61.08 Alimony.—

(2)        In determining whether to award alimony or maintenance, the court shall first make a specific factual determination as to whether either party has an actual need for alimony or maintenance and whether either party has the ability to pay alimony or maintenance. If the court finds that a party has a need for alimony or maintenance and that the other party has the ability to pay alimony or maintenance, then in determining the proper type and amount of alimony or maintenance under subsections (5)-(8), the court shall consider all relevant factors, including, but not limited to:

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Keep Your Contact Information Current with the Clerk of the Court, Even After Your Family Law Case is Closed

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Let’s start with a simple proposition:  Each party involved in a family law case should make sure that the clerk of the court has updated contact information for that party.  It seems easy, but taking this small step could prevent big headaches in the future.

I have heard of cases where a party has moved in the middle of the case, did not inform anyone, then complained afterwards that he had not received notice of an important hearing.  I also have seen cases where a petitioner (the party initiating the case) provides the clerk with the wrong address for the respondent (the party responding to the petition), and the clerk sends information to the incorrect address for the entire duration of the case.

I have even encountered this scenario:  Parties get divorced.  In the final judgment, Husband is required to pay Wife alimony.  After the divorce, Wife moves to a different apartment in the same apartment complex.  Husband sends alimony payments to Wife’s old address, but they get delivered to the new addressed because Postal Worker knows and likes Wife (and especially the gift certificates to Best Buy that Wife gives to Postal Worker each Christmas).

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Will Collaborative Divorce Work in Your Case?

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The collaborative law process may not be for every case.  The Collaborative Divorce Institute of Tampa Bay has some suggestions to help you determine whether the collaborative approach is right for you:

Perhaps you are ready for a divorce but are unsure of whether to approach the matter using the traditional court-based solution or whether you should turn to the new growing phenomenon of Collaborative Divorce. How do you know if this alternative is right for you?

If you wish and are able to:

  • Maintain a tone of respect, even when facing a difficult decision or disagreement.
  • Prioritize the needs of your children.
  • Listen objectively and consider the needs of you and your spouse equally.
  • Work to devise creative and unique solutions to your issues.
  • Plan for the future by reaching beyond your current frustration.
  • Behave ethically when interacting with your spouse and other Collaborative professionals.
  • Maintain control of the divorce process and not relegate it to the courts if a difficult situation arises.

Then Collaborative Divorce is a workable option for you. If this sounds like a comfortable solution for you we suggest you talk to a Collaborative lawyer or other Collaborative professional about your situation so they may help you make your final decision.

Attorney Adam B. Cordover has completed advanced training in interdisciplinary  collaborative family law and is a member of the International Academy of Collaborative Professionals and the Collaborative Divorce Institute of Tampa Bay.

If you wish to schedule a consultation with a collaborative lawyer, call The Law Firm of Adam B. Cordover, P.A., at 813-443-0615 or fill out our contact form.

Collaborative Divorce: Keeping the Process Out of the Courts

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The following passage of an article from the Collaborative Divorce Institute of Tampa Bay discusses a collaborative law agreement, how parties are encouraged to settle rather than institute a court action, and the differences between collaborative divorce and mediation:

     Once you decide that Collaborative Divorce is right for you, the first step is for each party and their attorney to sign a Collaborative Law Agreement. This agreement serves as a contract which ensures that the lawyers will act solely as settlement counsel only. By serving as settlement counsel your lawyers are contractually barred from ever going to Court in your divorce case. However, if at some point either party decides it would be more beneficial for the Court to settle a particular matter, you can terminate the Agreement at any time. This helps give you ultimate control of how your case is handled and guarantees an outcome suitable for all parties. It is important to remember that if you or the other party chooses to take a contested matter to the Court both attorneys are fired instantly and can not represent you before the court. Because the purpose of Collaborative divorce is to settle matters amicably and civilly, choosing to take a matter to the court is highly discouraged and may be to the detriment of both parties. This feature of Collaborative Divorce also enhances the possibility of a mutually pleasing outcome and encourages attorneys and clients to work in everyone’s best interest.

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