Tag Archive for: alimony

Vast Changes Proposed to Florida Alimony Statute

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Permanent Alimony?  A thing of the past.  Standard of living during the marriage?  That factor is so passe.  Payments past retirement?  Not any more.

These are just a few of the vast changes that will be made to section 61.08 of the Florida Statutes (the “Alimony Statute”) if the current version of House Bill 549 is passed and signed into law.  Below you will find the proposed changes to the Alimony Statute (proposed additional language is underlined while proposed deletions are stricken):

61.08 Alimony.—
(1) In a proceeding for dissolution of marriage under s. 61.052(1)(a), the court may grant alimony to either party, which alimony may be bridge-the-gap, rehabilitative, durational, or long-term permanent in nature or any combination of these forms of alimony. In any award of alimony, the court may order periodic payments or payments in lump sum or both, which may not exceed 20 percent of the payor’s monthly net income to include all sources of income averaged over the last 3 years of the marriage. The court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded. In all dissolution actions, the court shall include findings of fact relative to the factors enumerated in subsection (2) supporting an award or denial of alimony.

Family Law News: U.S. Congressman in Court over Back Child Support

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The Chicago Sun-Times is reporting that U.S. Representative Joe Walsh (R-Ill.) will be in a family court because he has failed to pay ordered child support.  His former wife claims that the congressman is in arrears of $117,000.00, including interest, for the parties’ three children.  The Sun-Times also reports that Representative Walsh admits not paying the ordered child support, but did so based on an agreement with his former wife:

Walsh said he had a “verbal agreement” with his ex-wife allowing him to stop paying child support because his income had fallen, hers had gone up, and the children were living with him as much as with her.

[Ms. Laura Walsh’s attorney] Coladarci said [Rep.] Walsh should have gone to court to modify the judge’s order regarding child support if he felt he couldn’t afford the payments because the court order is an obligation to the couple’s children, not to his ex-wife.

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When Is Permanent Alimony Not Permanent? When There Has Been A Substantial Change In Circumstances.

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When a judge orders a spouse to pay permanent periodic alimony, he or she may feel resigned to a lifetime of indebtedness to the one person he or she is trying to forget about. It’s that word, “permanent,” that seems so…well…permanent. But, believe it or not, Florida law has contemplated that there are times when permanent alimony may no longer be appropriate (or when the amount of alimony may be reduced).

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Video: Alzheimer’s and Divorce

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Recently, religious broadcaster Pat Roberson made controversial comments regarding whether a person should divorce a spouse with debilitating case of Alzheimer’s disease:

The fact is that a spouse may have an unimaginably difficult and deeply personal choice of how to handle this type of situation.  But it is a decision that Florida marital and family law has contemplated.

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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.

 

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.