Tag Archive for: support unconnected with dissolution of marriage

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.

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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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.

 

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.

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.

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.

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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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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