General information on dissolution of marriage

Downward Modification of Alimony: What is a “Supportive Relationship?”

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Section 61.14, Florida Statutes, contains a provision that allows a court to modify or terminate an order for alimony if the obligee (the person receiving alimony) is in a “supportive relationship.” So what is a supportive relationship?

Downward Modification of Alimony

What is a "supportive relationship?"

Fortunately, the statute provides guidelines to identify such a relationship.  Considerations include the following:

  • Whether and the extent to which the obligee and other person have acted as husband and wife, such as by referring to one another as spouses;
  • Whether the obligee and other person have used the same last name;

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Do I Need to Purchase Life Insurance to Secure My Child Support Obligation?

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Under section 61.13(1)(c), Florida Statutes, a judge may require a party to purchase life insurance to cover his or her child support obligation in the event of a tragedy.  However, an order to purchase life insurance is discretionary and will depend on the specific facts in your case.

To help you determine whether you will likely be required to purchase life insurance to secure your obligation, you should consult with a family law attorney.

Anger in Harmony: Do Not Interrupt A Judge

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As I wrote in a previous post, it is important that parties in a family law matter (or any matter) act in a civil manner while in a courtroom.  Please do not follow the example of the wife in this Divorce Court clip:

http://www.youtube.com/watch?v=QpBD97Cq_tk

You should never interrupt an opposing party–and you should especially not interrupt a presiding judge–even if that interruption comes in the form of song.

Enforcement: Support Awards From Different Florida Counties

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If a circuit court in Miami-Dade county ordered a parent to pay child support, that order may be enforced in Pinellas, Hillsborough, Polk, Hernando, Manatee, or any other county in Florida (so long as one party lives in that county). Along the same lines, alimony awards entered in one Florida county may be enforced in another Florida county.

Section 61.17, Florida Statutes, provides the basis for such enforcement.

Divorce: Is there a Residency Requirement?

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Unless one or both parties resided in Florida for at least six months prior to the filing of a petition for dissolution of marriage, a Florida judge will not grant the divorce.  This residency requirement is governed by section 61.021, Florida Statutes.

However, there is an exception to the residency requirement for members of the United States Armed Forces.  A member of the military (or his or her spouse) who is not currently in Florida may petition for divorce in Florida if he or she (i) was a Florida resident prior to entering the military and (ii) never established a permanent residence elsewhere.  Even if the military member had not lived in Florida prior to entering the service, he or she may still be able to file for divorce in Florida if he or she is deployed but has an intent to remain a permanent Florida resident.  Such intent may be evidenced by the following: (i) Florida voter registration; (ii) ownership of a Florida home; or (iii) registration of a vehicle in Florida.

 

Am I Required to Disclose My Finances in My Family Law Case?

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Rule 12.285, Florida Family Law Rules of Procedure, requires each party to a family law matter to disclose certain financial information to the other party.  Disclosure is strictly enforced in cases with money at issue, including child support, alimony, and equitable distribution or property division. Parties are required to follow Rule 12.285’s disclosure requirements in two ways: (i) providing a financial affidavit; and (ii) exchanging certain documents (also known as mandatory disclosure).

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How Does Divorce Affect A Child’s Future Relationships?

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I just came across an article that discusses a study from Florida State University researchers about how divorce affects a child’s future relationships.  The researchers conclude that children of divorced parents are more likely to become divorced themselves for a myriad of reasons, including the fact that children learn relationship skills from their parents.  The article states the following:

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All Alimony Awards are Not the Same

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Section 61.08, Florida Statutes, and relevant case law, provides for several different types of alimony awards.  The likelihood of receiving each type of award depends on several different factors, including the need of one spouse for support, the ability of the other spouse to pay for that support, and the length of the marriage.  Below is a brief description of available types of alimony:

  • Permanent Periodic Alimony–  This type of alimony is regularly ordered for long-term marriages, defined as lasting for 17 years or more.  However, it may be awarded in (i) medium-term marriages (7-16 years) depending on certain factors such as the contribution of each party during the marriage and the standard of living during the marriage or (ii) short-term marriages (up to 6 years) if there are exceptional circumstances, such as a spouse contracting a debilitating disease.  As the name suggests, this award lasts for an indefinite amount of time and is paid on a regular basis.  However, it may later be modified or terminated by court order if there is a substantial change in circumstances.

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Facebook and Family Law: Be Careful What You Post

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An article from Time Magazine recounts some horror stories and tales of caution emanating from the use of Facebook and other social networking sites.

A good general rule:  don’t post anything that you would be embarrassed to have your grandmother see.  This includes the following:

  • Don’t harass the other party;
  • Ensure that your friends are not harassing the other party;
  • Don’t post negative comments about the other party on your profile page, and ask others to avoid the same;

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Am I Required to Attend a Parenting Course?

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Section 61.21 of the Florida Statutes requires each party in a case that involves children and custody/time-sharing issues to attend a four-hour parenting course.  This “Parent Education and Family Stabilization Course” gives parents the opportunity to learn about, among other topics, how their court action may affect the emotional well-being of their children.

You should note that, except in very limited circumstances, a judge will not enter a final judgment until both parties have (i) attended the course and (ii) filed a certificate of completion with the clerk of the court.

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