Tag Archive for: alimony

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.

 

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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New York Recognizes Gay Marriage. Do Floridians Have Options?

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Beginning July 24, 2011, gay couples in New York will be able to apply for a marriage license.  This will make New York the sixth and largest state to recognize gay marriage.

Florida, unlike New York, does not permit gay marriage, nor does it recognize civil unions.  But there are things that partners can do to symbolize their love for one another and create certain rights and responsibilities.  You just have to be creative.

Let me give you an example.  One of the services that my firm offers is that we represent clients in name change matters.  I have heard all different reasons why a client wants a name change, including that he or she (a) has done some things he or she is not proud of and wants to turn a new leaf, (b) wants to take on the qualities of a religious or historical figure by taking on part of that figure’s name, and (c) simply does not like his or her name.

One day, a young woman came in for a consultation, and she had a touching story to tell me.  She said that she had been dating her partner for several years, and that they wanted to get married.  But, of course, Florida does not permit gay marriage.  However, this woman decided to declare her love and commitment by legally taking on her partner’s last name.  I was able to guide her through the judicial process of symbolically affirming her dedication to her partner through a name change.

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Word Cloud: Mandatory Disclosure

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In my continued quest to literally visualize statutes and rules related to Florida family law, I created the following word cloud of Florida Family Law Rule of Procedure 12.285 (Mandatory Disclosure) using Wordle:

Mandatory Disclosure Word CloudThough this word cloud makes Mandatory Disclosure seem like it belongs in discussion held at a TexMex-themed cocktail party, the fact is that the exchange of certain financial information is crucial to move along most family law matters (including divorce, paternity, child support, alimony, support unconnected with divorce, and modification of financial issues).  To that point, a court will not grant a final judgment in most cases unless financial affidavits have been exchanged and each party has filed and exchanged a certificate of compliance with mandatory disclosure.

What do you think of the mandatory disclosure word cloud?  Feel free to leave a comment below.

Otherwise, if you would like to schedule a consultation with a Florida Family Law Lawyer, call The Law Firm of Adam B. Cordover, P.A. at (813) 443-0615 or fill out our contact form at http://www.familydiplomacy.com/contact-us.

Bills Propose Changes to Alimony Laws

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From TBO.com:

On Friday, the House Civil Justice Subcommittee unanimously approved [Florida Rep. Kelli] Stargel’s bill requiring judges to ensure that those who pay alimony do not wind up with significantly less net income than those who receive it. A companion bill in the Senate has been referred to several committees, but has not yet had a vote.

The bill also would limit permanent alimony – which now ends only upon death or the remarriage of the person receiving it – in favor of alimony for a limited time.

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Alimony Tax Tips

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Robert D. Flach of MainStreet.com provides the following advice regarding tax treatment of alimony:

To be deductible, alimony payments must be in cash (or check) and required as a condition of the divorce decree. You and your “ex” must not live together in the same household, and payments must end upon the death of the “ex.”

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Filing Fees in Pasco County

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I previous wrote about filing fees in Hillsborough County and Pinellas County.  In this post I review current filing fees in the Sixth Judicial Circuit, Pasco County, for common family law matters.  A person who initiates a family law case (the “Petitioner”) will pay the following:

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Filing Fees in Pinellas County

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I previous wrote about filing fees in Hillsborough County.  In this post I review current filing fees in the Sixth Judicial Circuit, Pinellas County, for common family law matters.  A person who initiates a family law case (the “Petitioner”) will pay the following:

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Filing Fees in Hillsborough County

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For most types of family law actions, a party needs to pay a fee to the clerk of the court when he or she files a petition.  Current filing fees for the Thirteenth Judicial Circuit (Hillsborough County) for common family law matters are as follows:

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