Miami family law attorney blog
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Alimony
Posted by Nydia Streets of Streets Law in Florida Alimony
What are some factors a Florida divorce court reviews to determine if a spouse is underemployed when deciding if alimony should be awarded? For one, the court might look at the employment history of the spouse, or consider the testimony of a vocational evaluator who can assess a party’s earning potential. This was an issue in the case Burke v. Burke, 2D20-1398 (Fla. 2d DCA September 3, 2021).
Posted by Nydia Streets of Streets Law in Florida Alimony
Does alimony have to be paid to a spouse in a Florida divorce who has money available to him or her through friends or family? Depending on how much money is available and the expectation of the giver as to whether or not the money needs to be repaid, these funds may affect a spouse’s eligibility to receive alimony. This was an issue in the case Stevens v. Travers, 1D20-1018 (Fla. 1st DCA September 15, 2021).
Posted by Nydia Streets of Streets Law in Florida Alimony
What type of discovery is relevant in a proceeding concerning contempt of an alimony obligation? Generally documents showing the financial standing of the party ordered to pay support are relevant to the issue of whether or not the payor had the ability to pay support during the period of non-payment. Relevance of discovery was an issue in the case Schultz v. Schultz, 3D21-1231 (Fla. 3d DCA July 21, 2021).
Posted by Nydia Streets of Streets Law in Florida Alimony
What does a court look at to determine if permanent alimony should be paid in a Florida divorce case? Some factors that must be considered are the length of the marriage, the respective financial positions of both parties, and the age and health of both parties. In the case Murkerson v. Murkerson, 1D20-2248 (Fla. 1st DCA August 17, 2021), the former wife appealed the length of her alimony award, among other issues.
Posted by Nydia Streets of Streets Law in Florida Alimony
If a party who is receiving alimony re-marries or is in a supportive relationship, depending on the terms of a final judgment or settlement agreement, that party may be at risk of losing his or her alimony payments. This is because the party’s new partner is providing financial support to the party that reduces or eliminates the party’s need for alimony. This was an issue in the case Klokow v. Klokow, 5D19-2766 (Fla. 5th DCA July 2, 2021).
Posted by Nydia Streets of Streets Law in Florida Alimony
What expenses are taken into account when the Court determines how much Florida alimony a party can afford? When ordering spousal support to be paid, a court must review the need of the spouse asking for alimony and the ability of the other spouse to pay it. This requires review of each party’s living expenses. Certain living expenses are excludable when reviewing a party’s need or ability to pay. This was an issue in the case Smith v. Smith, 5D20-659 (Fla. 5th DCA May 28, 2021).
Posted by Nydia Streets of Streets Law in Florida Alimony
A spouse who is disabled may qualify for permanent alimony in Florida even if the marriage is not considered a long-term marriage. A court awarding permanent alimony in a short or moderate term marriage must make a finding that no other type of alimony is appropriate under the circumstances. This would usually apply in a case in which a spouse became permanently, severely disabled and unable to work. This was an issue in the case Gardi v. Gardi, 4D19-194 (Fla. 4th DCA June 9, 2021).
Posted by Nydia Streets of Streets Law in Florida Alimony
What remedies are available to a party who is owed past-due alimony in Florida? One common remedy is contempt. If a party is held in contempt of court for failure to pay court-ordered alimony, that party can be made to pay attorney’s fees and even incarcerated. Contempt of an alimony order was an issue in the case Finch v. Cribbs, 1D18-3855 (Fla. 1st DCA June 22, 2021).
Posted by Nydia Streets of Streets Law in Florida Alimony
As part of alimony in Florida, a spouse can be ordered to pay monthly expenses on behalf of a spouse rather than cash payments directly to the spouse. For example, a spouse who has a need for alimony may be entitled to remain living in the marital residence while the other spouse pays the mortgage, taxes and insurance on the home. This was discussed in the case Mercado v. Mercado, 2D19-4553 (Fla. 2d DCA April 23, 2021).
Posted by Nydia Streets of Streets Law in Florida Alimony
Is it possible to modify permanent alimony to durational alimony in Florida? Florida Statute 61.14 covers modification of alimony in Florida. One recent case goes over the issue of modification of the length of alimony and whether or not this is authorized under Florida law. In the case Valby v. Valby, 4D20-459 (Fla. 4th DCA April 28, 2021), the former wife appealed an order modifying the permanent alimony she was receiving.
Posted by Nydia Streets of Streets Law in Florida Alimony
When a party attempts to hide assets or income to avoid a Florida alimony obligation, this usually does not produce favorable results for that party. Requesting a modification of alimony requires parties to produce records of income and assets to show what has changed. In the case Gibbs v. Gibbs, 1D19-4030 (Fla. 1st DCA April 29, 2021), the appellate court reviewed the trial court’s denial of the former husband’s request to lower his alimony payments.
Posted by Nydia Streets of Streets Law in Florida Alimony
When alimony is ordered to be paid by one spouse to the other in a Florida divorce, the paying spouse cannot be left with significantly less net income than the recipient spouse absent a finding of exceptional circumstances. Alimony can take the form of direct cash payments to a spouse and/or payments made on behalf of a spouse such as health insurance premiums, rent, etc. In the case Rabadan v. Rabadan, 4D19-3219 (Fla. 4th DCA March 31, 2021), the court considered the former husband’s appeal of an alimony judgment forcing him to pay over $8,000.00 per month.
Posted by Nydia Streets of Streets Law in Florida Alimony
In Florida, permanent alimony is presumed appropriate in a marriage of 17 or more years. This presumption is rebuttable based on factors listed in Florida Statute 61.08. Factors a Florida divorce court will consider in awarding alimony is the ages of the parties, the contributions of each spouse to the marriage, and more. In Speigner v. Speigner, 1D20-1712 (Fla. 1st DCA March 24, 2021), the former wife appealed an award of durational alimony which she argued should be permanent instead.
Posted by Nydia Streets of Streets Law in Florida Alimony
When parties are married, get divorced, and then marry again, does a Florida court consider the length of both marriages when deciding if alimony should be awarded? This issue was discussed in the recent appellate case Potter v. Potter, 1D20-603 (Fla. 1st DCA March 15, 2021).
Posted by Nydia Streets of Streets Law in Florida Alimony
Permanent alimony in Florida is usually reserved for long-term marriages of 17 years or more. Permanent alimony may still be awarded in marriages of shorter duration when there is a finding of exceptional circumstances. For example, if a spouse in a shorter marriage becomes disabled and unable to work, this may be a factor that supports granting permanent alimony. This discussion is highlighted in the case Odom v. Odom, 1D20-2154 (Fla. 1st DCA March 18, 2021).
Posted by Nydia Streets of Streets Law in Florida Alimony
A party’s failure to pay court-ordered alimony may subject that party to contempt of court. This also applies to the obligation to maintain a life insurance policy to secure an alimony award. What happens if a party who is in contempt cures the non-compliance before a hearing - is the issue of contempt now moot? This was the subject of the case Herce v. Maines, 2D19-3174 (Fla. 2d DCA March 12, 2021).
Posted by Nydia Streets of Streets Law in Florida Alimony
When parties are voluntarily underemployed or unemployed, a court may impute income for purposes of calculating Florida alimony. This means the court will treat each party as if he or she is earning income he or she is capable of earning even if he or she is not actually earning that income. This in theory forces the underemployed or unemployed spouse to obtain employment at the salary level he or she is capable of earning so that the court-ordered amount can be paid. But what if after being imputed income, a spouse uses best efforts and gets a job that pays less than the amount imputed to him or her? This happened in the recent appellate case Hampson v. Hampson, 2D19-1105 (Fla. 2d DCA January 22, 2021).
Posted by Nydia Streets of Streets Law in Florida Alimony
Modifying Florida alimony requires a showing of a substantial, and permanent change in circumstances which was not contemplated at the time the alimony was established. But what if a party is experiencing a change in income which is not permanent, but may last several months or possibly years? A party may apply for temporary alimony modification as illustrated in the case Sjogren v. Sjogren, 4D19-1415 (Fla. 4th DCA October 28, 2020).
Posted by Nydia Streets of Streets Law in Florida Alimony
When a party fails to make alimony payments under a court order, what remedies are available to the other party? One remedy is to file a motion for contempt. In order to be successful on a motion for contempt, there has to be a showing that the payor had the ability to pay alimony and willfully failed to do so. This was an issue in the case Jacobs v. Jacques, 2D18-4858 (Fla. 2d DCA August 12, 2020).
Posted by Nydia Streets of Streets Law in Florida Alimony
Before a court can award Florida alimony, equitable distribution must be decided. This is because a spouse asking for alimony might not need it if he or she is awarded sufficient money and assets in the divorce. A non-primary residence house awarded to a spouse, for example, might be a source of rental income for that spouse that would satisfy an alimony need. When the assets are not enough to satisfy an alimony need, the court might award a monthly payment. This was at issue in the case Harkness v. Harkness, 4D19-1434 (Fla. 4th DCA July 29, 2020).
