Tag Archive for: alimony

Mandatory Disclosure (Rule 12.285, Florida Family Law Rules of Procedure)

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MANDATORY DISCLOSURE

(a) Application.

(1) Scope. This rule shall apply to all proceedings within the scope of these rules except proceedings involving adoption, simplified dissolution, enforcement, contempt, injunctions for domestic, repeat, dating, or sexual violence, and uncontested dissolutions when the respondent is served by publication and does not file an answer. Additionally, no financial affidavit or other documents shall be required under this rule from a party seeking attorneys’ fees, suit money, or costs, if the basis for the request is solely under section 57.105, Florida Statutes, or any successor statute. Except for the provisions as to financial affidavits and child support guidelines worksheets, any portion of this rule may be modified by order of the court or agreement of the parties.

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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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Courtroom Civility

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It is always a good rule of thumb to be respectful when entering a courtroom.  I often find myself taken aback by the appearance and behavior of people as they are asking a judge to make a major decision on serious issues–such as divorce, child support, alimony, or time-sharing–in their lives.  Many people come in shorts, chew gum, and treat the courtroom like their living room.  Such behavior leaves a poor impression on the judge and may impact the outcome of their matter.

The Family Law Division of the Thirteenth Judicial Circuit (Hillsborough County), like many courts around Florida, has a code of conduct: The Twelve Rules of Courtroom Civility.  Most of these rules are simply about common courtesy, and include the following instructions:

  • Other than to make appropriate objections, do not interrupt anyone when he or she is speaking;
  • Do not make faces or gestures at the opposing party or his or her attorney;
  • Dress appropriately and wear clean clothes.  Specifically, you should not enter a courtroom in shorts, jeans, a t-shirt, or sneakers; and
  • Do not bring any food or beverages in the courtroom, and do not chew gum.

To maximize the chances of a successful outcome in your matter, become familiar with the rules and procedures of both your circuit and your specific judge.

Section 61.1824, Florida Statutes

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State Disbursement Unit.—

(1)The State Disbursement Unit is hereby created and shall be operated by the Department of Revenue or by a contractor responsible directly to the department. The State Disbursement Unit shall be responsible for the collection and disbursement of payments for:

(a)All support cases enforced by the department pursuant to Title IV-D of the Social Security Act; and

(b)All child support cases not being enforced by the department pursuant to Title IV-D of the Social Security Act in which the initial support order was issued in this state on or after January 1, 1994, and in which the obligor’s child support obligation is being paid through income deduction. Read more →

Section 61.1811, Florida Statutes

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Clerk of the Court Child Support Enforcement Collection System Trust Fund.—There is hereby created the Clerk of the Court Child Support Enforcement Collection System Trust Fund to be used to deposit the department’s share of the fees generated in s. 61.181(2)(b).

For the latest version of this statute, visit http://www.leg.state.fl.us.

Section 61.181, Florida Statutes

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Depository for alimony transactions, support, maintenance, and support payments; fees.—

(1)

(a)The office of the clerk of the court shall operate a depository unless the depository is otherwise created by special act of the Legislature or unless, prior to June 1, 1985, a different entity was established to perform such functions. The department shall, no later than July 1, 1998, extend participation in the federal child support cost reimbursement program to the central depository in each county, to the maximum extent possible under existing federal law. The depository shall receive reimbursement for services provided under a cooperative agreement with the department pursuant to s. 61.1826. Each depository shall participate in the State Disbursement Unit and shall implement all statutory and contractual duties imposed on the State Disbursement Unit. Each depository shall receive from and transmit to the State Disbursement Unit required data through the Clerk of Court Child Support Enforcement Collection System. Payments on non-Title IV-D cases without income deduction orders shall not be sent to the State Disbursement Unit. Read more →

Section 61.18, Florida Statutes

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Alimony and child support; default in undertaking of bond posted to ensure payment.—

(1)When there is a breach of the condition of any bond posted to ensure the payment of alimony or child support, either temporary or permanent, for a party or minor children of the parties, the court in which the order was issued may order payment to the party entitled thereto of the principal of the bond or the part thereof necessary to cure the existing default without further notice from time to time where the amount is liquidated.

(2)The sureties on the bond, or the sheriff or clerk holding a cash bond, shall be ordered to pay into the registry of court, or to any party the court may direct, the sum necessary to cure the default.

(3)If the principal or sureties or sheriff or clerk fails to pay within the time and as required by the order, the court may enforce the payment by contempt against the principal or sureties on the bond or sheriff or clerk without further notice, or may issue an execution against the principal, sureties, sheriff, or clerk for the amount unpaid under any prior order or orders, but no sureties on the bond are liable for more than the penalty of the bond.

For the latest version of this statute, visit http://www.leg.state.fl.us.

Section 61.17, Florida Statutes

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Alimony and child support; additional method for enforcing orders and judgments; costs, expenses.—

(1)An order or judgment for the payment of alimony or child support or either entered by any court of this state may be enforced by another chancery court in this state in the following manner:

(a)The person to whom such alimony or child support is payable or for whose benefit it is payable may procure a certified copy of the order or judgment and file it with a complaint for enforcement in the circuit court for the county in which the person resides or in the county where the person charged with the payment of the alimony or child support resides or is found. Read more →

Section 61.14, Florida Statutes

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Enforcement and modification of support, maintenance, or alimony agreements or orders.—

(1)

(a)When the parties enter into an agreement for payments for, or instead of, support, maintenance, or alimony, whether in connection with a proceeding for dissolution or separate maintenance or with any voluntary property settlement, or when a party is required by court order to make any payments, and the circumstances or the financial ability of either party changes or the child who is a beneficiary of an agreement or court order as described herein reaches majority after the execution of the agreement or the rendition of the order, either party may apply to the circuit court of the circuit in which the parties, or either of them, resided at the date of the execution of the agreement or reside at the date of the application, or in which the agreement was executed or in which the order was rendered, for an order decreasing or increasing the amount of support, maintenance, or alimony, and the court has jurisdiction to make orders as equity requires, with due regard to the changed circumstances or the financial ability of the parties or the child, decreasing, increasing, or confirming the amount of separate support, maintenance, or alimony provided for in the agreement or order. A finding that medical insurance is reasonably available or the child support guidelines schedule in s. 61.30 may constitute changed circumstances. Except as otherwise provided in s. 61.30(11)(c), the court may modify an order of support, maintenance, or alimony by increasing or decreasing the support, maintenance, or alimony retroactively to the date of the filing of the action or supplemental action for modification as equity requires, giving due regard to the changed circumstances or the financial ability of the parties or the child. Read more →