Alimony

December 21, 2011

Florida House Bill 549

Florida lawmakers like others across the nation are taking the issue of permanent alimony to the legislature. Florida lawmakers are currently considering Bill 549, which would end permanent alimony in the state.

Currently, Florida Statute 61.08 reads, “Permanent alimony may be awarded to provide for the needs and necessities of life as they were established during the marriage of the parties for a party who lacks the financial ability to meet his or her needs and necessities of life following a dissolution of marriage.”

Permanent means exactly that, PERMANENT. The obligor ex-spouse pays the ordered alimony until such time the obligee ex-spouse remarries, dies or the judgment is otherwise modified.

December 20, 2011

How Do I Reduce My Monthly Alimony Payments?

by David M. Goldman

Florida recognizes four main types of alimony.

(1) Bridge-the-Gap

(2) Rehabilitative

December 19, 2011

Millionaire Dead-Beat Dad in Sunshine State

by David M. Goldman

Not far from Jacksonville, Hillsborough County Judge Caroline Tesche is dealing with a “dead-beat dad” who owes approximately $10 million in child and spousal support. ABC News is reporting that Judge Tesche sentenced, “dead beat dad”, John Stanton to five months and 29 days in jail. However, Mr. Stanton avoided arrest yesterday, Thursday, December 15, 2011, because he did not appear in court. Yet, there is a warrant out for his arrest.

Jacksonville has its own plethora of “dead-beat dads” and the Duval County Court Family Law Judges deal with them on a daily basis. A Jacksonville Family Law Lawyer, takes “dead-beat dads” to court regularly and knows how to have them found in contempt.

If you live in the Jacksonville area and are not receiving your court ordered child support or alimony contact a Jacksonville Family Law Lawyer to schedule a free consultation.

November 29, 2011

Florida Alimony and Alimony Factors

by David M. Goldman

As a Family Law Attorney in the Jacksonville Beach area I am consistently asked how the courts calculate alimony. This is often a difficult question to answer.

In Jacksonville Florida there is no basic calculation system that the courts follow; instead, there are factors that are taken into consideration when determining whether to award and how much to award in alimony.

These factors include:

November 11, 2011

Sexual Assault Victim Ordered to Pay Her Attacker Alimony

by David M. Goldman

News stations out of San Diego, California are reporting on an interesting case that caught my attention. Crystal Harris, a Carlsbad, California resident was raped by Shawn Harris, her now ex-husband, yet the Judge in their divorce case awarded Shawn $1,000 a month in spousal support (Alimony). So when Shawn gets out of prison for the felony he committed against Crystal, Crystal will have to pay him $1,000 a month!

How could this have happened? Well, under California law, “there is only one way Crystal Harris could have avoided paying her ex-husband: if he had tried to kill her”. After presiding over the parties’ divorce, Family Law Court Judge Gregory Pollock stated, “I can’t look at a 12-year marriage where one side is making $400 a month, the other side is making over $11,000 and say no spousal support, that would be an abuse of discretion.”

San Diego County District Attorney, Bonnie Dumanis is currently petitioning California lawmakers to address and change this loophole so something like this doesn’t happen again.

October 21, 2011

Support Arguments that Don’t Matter

by David M. Goldman

As a Jacksonville Divorce Attorney I am all to familiar with the topics discussed in Georgialee Lang’s article, 5 Support Arguments That Don’t Matter in Divorce Court. In the article, Ms. Lang lists and describes what she deems to be the five most common complaints in divorce cases. Ms. Lang lists the complaints as follows:

(1) My wife left me to move in with her boyfriend, why do I have to pay her spousal support?

(2) My ex spouse has remarried, why do I still have to pay spousal support?

October 18, 2011

Cheating Spouses and Divorce in Jacksonville Florida

by David M. Goldman

Florida is a “no fault” divorce state. This means that either spouse may seek a divorce without showing cause for the desired separation. The spouse seeking a divorce has the option to simply claim the marriage is “irretrievably broken.” Generally, Jacksonville Florida courts are not concerned with which party played the greater role in causing the divorce.

As a Jacksonville Divorce Attorney, I am often asked how a cheating spouse factors into a divorce in Florida. While adulterous conduct does not factor into the court’s decision to grant a divorce, it can impact other important issues raised in a divorce.

In child custody battles, a court considers the “moral fitness” of a parent seeking custody. Evidence of adulterous conduct can lower a party’s level of “moral fitness,” and decrease his or her chances of receiving custody. However, it is not an absolute bar to child custody. Often times, a larger impact will be whether the adultery had an adverse impact on the child.

September 9, 2011

How to Get Started With A Divorce

by David M. Goldman

Florida is one of the many states that does not consider fault for grounds of divorce. In other words, you don’t have to show that your spouse has wronged you in any way; you just have to show that the marriage is “irretrievably broken.”

The actual process is relatively straightforward. Either spouse may file the dissolution of marriage, so long as he or she can show that the marriage exists, that one party has been a Florida resident for the past six months, and that the marriage is irretrievably broken. While this process may sound simple, it may involve some unfamiliar procedures, so please speak with a Florida Family Law Attorney before taking any action on your own.

Once the divorce is granted, the court may consider fault in awarding alimony and other asset distributions. An attorney is essential at this stage, as it may make a difference in the amount of money or other assets you have to give to your former spouse. A Florida Family Law Attorney can help explain the best options available to you.

August 18, 2011

Types of Alimony

by David M. Goldman

Florida recognizes Five types of Alimony, which include:

Permanent Alimony provides for ongoing monthly payments until the death or remarriage of the recipient. Recent changes in the law allow modifications in cases of “cohabitation in a financially supportive relationship,” even without remarriage.

Durational Alimony is awarded to provide the receiving party with financial assistance during a period of time following the marriage, and may be modified or terminated. Durational alimony may not be awarded for a period of time exceeding the length of the marriage.

August 2, 2011

Remarriage And Alimony In Florida

by David M. Goldman

There are multitudes of divorce cases in Florida on a daily basis that involves one spouse paying alimony to the other. Alimony in Florida is generally awarded to maintain the quality of living of the receiving spouse because that spouse would not be able to do so on his or her own. There is a limitation that has been set so as to prohibit the receiving spouse from double dipping. One of the most common limitations is that of the ex-spouses’ remarriage. If the receiving spouse gets remarried and therefore has two incomes in his or her new family, he or she likely should no longer be eligible for spousal support in Florida. In addition, if the receiving spouse does not remarry but is shown to be in a “supportive relationship” then alimony in Florida will cease. If you are in the position where you ex-spouse is getting married or has remarried or is in a supportive relationship, you should contact a Florida Divorce Lawyer capable of guiding you on matters of alimony. If you are the receiving spouse and are considering getting remarried, you should contact a Jacksonville Alimony Attorney.