Recent Posts in Alimony Category

With the onslaught of celebrity coverage surrounding Mel Gibson's recorded telephone rants, many divorce clients have asked whether it is legal to record their spouse or ex-spouse's telephone conversations.  The answer depends on several different factors and often varies on a case by case basis.

The general rule is, no, unless you obtain express consent.  Florida wiretapping laws are complex and can carry criminal or civil punishments if violated.  In situations where your spouse would have a reasonable expectation of privacy, it is not proper to record your spouse's telephone conversations without permission.  I typically recommend always obtaining permission from your spouse or ex-spouse before recording any telephone call or communication.

However, there are several exceptions to this general rule, that would require an in-depth analysis of the facts and circumstances of your family law case. 

Contact your expert Tampa family law attorney to discuss whether these exceptions apply to you and your case.

Many people are in a hurry to get a divorce in Florida.  The reasons vary.  Some people are anxious to marry someone else.  Some want to stop sharing their large incomes with their lower income spouses.  Some just want out of the relationship.  For whatever the reason, many are hopeful of getting the speediest divorce possible.

In Florida, as in all states, divorces can last for many months and sometimes even years.  There are times, however, when each person in the marriage wishes to get on with things and an agreement on all issues is not a long, drawn out process.  When that occurs, it is possible to obtain a quick Florida divorce.

Once you and your spouse have decided that you want to get things over with and move on with your lives, you can contact your expert Tampa family law attorney and find out just how quickly the process can be completed.

Florida family law allows that, once you have reached an agreement on all issues, you can get a dissolution of marriage in as few as 20 days from the filing of the petition for dissolution of marriage.  You can even get it done more quickly if you can show the court that an injustice would occur by waiting the required 20 days.

Bottom line:  If you are anxious to finalize your Florida divorce, you can accomplish this in as few as  20 days from the filing the petition for dissolution of marriage once you and your spouse have resolved all of your differences regarding parenting issues, distribution of property, spousal support and reimbursement of attorney's fees.

When there is a court order requiring someone to pay child support or alimony in a Florida divorce or paternity case, there are consequences for non-payment.  If you are involved in a court proceeding of this type, the first thing to keep in mind is that a court order is not just a suggestion.  It is a binding obligation requiring that the order be followed or that consequences shall occur.

If there is a delinquency in the payment of court ordered child support or alimony in your court proceeding, a paper will typically be filed with the court asking that the delinquent person be required to live up to the obligation or face those consequences.  If the person is not paying, the court will typically order the person to pay or to suffer a punishment.  If the person still does not pay, then the court can order that the person funds be garnished or that the person go to jail until the delinquent amount is paid.  In addition, the court can assess a further penalty against the person by requiring that the attorney’s fees of the enforcing party be paid.

Not all cases are subject to incarceration, however.  In order to send someone to jail for non-payment, the court must have proof that the person actually has the money to pay the amounts ordered.  So if someone is required to pay, but has no income or assets from which the order can be paid, then the court will fashion an enforcement order that persuades the delinquent person to pay what is available but which falls short of jail time.

Bottom line:  If there are alimony or child support payments which have not been made, contact your expert Florida family law attorney to ask what can be done in your case.

After the divorce is over and the former spouses have moved on with their lives, often the spouse receiving alimony develops a new love interest.   Sometimes that leads to another marriage.   What happens to the alimony award required in the Florida divorce court order?

The best Tampa family law attorneys will tell you that the alimony will end when there is a remarriage by the receiving spouse unless there is an agreement and court order specifically to the contrary.   Those types of agreements and orders are extremely rare.

Suppose, though, that there is no remarriage.   Suppose instead that the alimony receiving spouse merely becomes involved in a live-in arrangement with the new love interest.   What happens then?

Florida divorce law allows that alimony can be reduced or even terminated if the receiving spouse becomes involved in a “supportive relationship” with another person.   The court will look at a number of factors: whether the two people in the relationship have held themselves out as husband and wife even though not married, used the same last name, shared a mailing address, lived together for a long time, pooled their assets, supported each other, performed valuable services for each other or for the other’s company or employer, worked together to create or enhance something of value, purchased real or personal property together, or provided support to each other’s children.

In the distant past it was not nearly as common for people to live together without marriage.   Because it is now so common, the law recognizes that the circumstances of living together can justify termination of an alimony obligation just as in a case of the spouse getting married again.

Bottom line:   If there is alimony involved with your former spouse, you need to contact the best Florida family law attorneys if you are receiving the alimony and are thinking of moving in with someone else or if you are paying alimony and your spouse has moved in with someone.

If you feel that a modification of alimony might be appropriate, you have a choice where you file your motion to modify alimony.  You can file a motion to modify alimony in either the circuit court of the circuit in which either you or your ex-spouse resided at the date of the execution of your original agreement, or in which the original alimony order was rendered, or where either of you currently reside.

If it has been a few years since alimony was originally ordered in your case, chances are you may not know the amount of income your ex-spouse currently earns.  The rules of Florida family law courts provide that your ex-spouse must complete a new financial affidavit if you request a modification of your current support amount.  If you have reason to believe that either your circumstances or those of your ex-spouse have substantially changed, and a modification of alimony might be appropriate, contact an expert Florida alimony attorney to discuss your case.

At the end of almost every divorce consultation, a Florida family law attorney is posed with the same question. How much is my divorce going to cost?   While this question appears to be straightforward, the unknown factors of divorce make it almost impossible to answer.   Your Florida divorce attorney should, however, be able to analyze the issues of each particular case and address the related expenses.

In the State of Florida, there are two primary types of divorce cases, the first of which is an uncontested divorce.   In an uncontested divorce, the parties have been able to work through all issues even before filing the divorce petition.   In this scenario, all that remains is for the parties to complete and file the required pleadings.   Due to the limited nature of work involved, the divorce attorney’s role is to assist the client rather than advocate a legal position.   Thus, the attorney’s role in an uncontested divorce is typically limited to the preparation of the pleadings, drafting the applicable marital settlement agreement and parenting plan, and scheduling and attending an uncontested final hearing in order to obtain the final judgment of divorce.   Because the attorney’s role is limited the expense a party faces is reduced.

The second type of divorce is referred to as a contested case.   A contested divorce means the parties are unable to agree or settle all of the issues of their divorce and need the assistance of an attorney to help bring about a final resolution.   This final resolution can come in the form of a settlement during the course of the divorce or at a trial.   The expenses involved in a contested case derive from the issues the parties are facing, and the time involved in resolving those issues.

Examples of contested, and sometimes expensive, issues include timesharing plans with minor children, support provisions, including child support and alimony, the division of assets, including homes and marital businesses, and a spouse’s request for an attorney fees contribution.   All of the above case issues can require extensive work not only by an attorney but also an expert who assists the client and attorney in advancing their particular position.   With the complexity of each case issue and with each additional contested issue, the cost of the divorce grows.

It is important for each client to discuss and address all possible case issues with their Florida divorce attorney during the initial consult.   At that time, the client can be fully aware of what issues they may face and thus can have a better understanding of what expenses lie ahead.   One constant will remain: the sooner the parties can settle, the less expensive the divorce will be.

If you contact the best divorce lawyer in Tampa, you will learn that there is a very effective way of guaranteeing that you receive the alimony and child support on a timely basis.  In Florida, the courts are allowed to order that the money be taken out of the paycheck of the person ordered to pay.

The judge simply enters an Income Deduction Order.  This order requires the employer of the person owing the alimony or child support to deduct enough money out of each paycheck to cover the amounts owed.  The employer is then required to pay the money to the court through the Support Department.  The Support Department then sends the money on to the person who is supposed to receive the alimony or child support.  The employer has no choice.  The court can hold that business or that person in contempt of court and assess a fine or jail time if the order is ignored and the money is not deducted and sent in.

In fairness to the employee, the law allows that the employer would also be in contempt of court if the employer takes any disciplinary action against the employee just because the employer has to bother with the administrative hassle of deducting the funds and sending them in.

Unless there is some strong reason to do otherwise, these Income Deduction Orders are being entered in every case involving Florida alimony or child support payments.

Bottom line:  If a court orders someone to pay you alimony or child support, make sure that your expert St. Petersburg divorce lawyer provides the court an Income Deduction Order to sign that would require the money to be taken out of every paycheck.

If you consulted an expert Tampa divorce attorney, you would find out that, even though you are not going to ask a court to give you a Florida divorce, you can still get support for yourself and your children.  Back in the 1950s, the state of Florida decided that support for spouses and for children was so important that there should not be a restriction requiring you to file for divorce in order to receive support.  There is not even a requirement that you be separated.

All the rules are the same as if you are asking for a divorce.  You must show the court the incomes of the two spouses and your need for support in order to get alimony.  You must also show the amount of child support required under the Florida child support guidelines.  The only difference is that you don’t have to show or even say that the marriage is irretrievably broken.

The court will follow the same rules and procedures as if you are doing this as part of the divorce process.  Once awarded, the court will enforce the award with possible contempt of court for non-payment and with garnishment of funds as if it were done as part of a Florida dissolution of marriage.

Bottom line:  If you don’t want to get a divorce, but you need support for yourself or your child, contact an expert Florida divorce lawyer and you will learn that there is a solution to your problem.

In your Florida divorce, one spouse may receive alimony or child support from the other.  When that happens, you need to be aware of the tax consequences.  Wouldn’t it be great if we all got to take home all of the money we earn at work?  Of course we can’t because income tax is taken out.

While there are no income taxes to be paid for receipt of child support, there are income taxes to be paid on alimony.

There are many technical rules involved (after all, we are talking about the Internal Revenue Code), but basically you can count on treating monthly payments of alimony as taxable income to the receiving spouse and tax deductible to the paying spouse.  That makes a huge difference in the amount of money involved.  If you are in the twenty percent tax bracket, $1,000 per month becomes $800.  If you were planning your future based on the entire $1,000, you are in for a surprise.

It is very important to get the advice of an expert Florida divorce lawyer when there is alimony involved.

Bottom line:  Ask your Tampa divorce lawyer about the tax consequences of paying or receiving alimony.

© Copyright 2009 by Stann Givens

Florida divorce law requires that permanent periodic alimony (a fixed amount per month which lasts until one spouse dies or the receiving spouse remarries) is restricted to long term marriages.  So what do you do if you have not been married for a long time?  The concept of transitional alimony was created precisely to accommodate this situation.

What if you are going through a Florida divorce after a three year marriage and your spouse earns substantially more income than you do?  If you are fully employed to your highest potential, rehabilitative alimony is not appropriate and will not be awarded by the court.  Your marriage is also too short in duration to be considered for permanent periodic alimony.  For this precise situation, Florida law allows a judge to award transitional alimony.

Transitional alimony is awarded for the purpose of getting a divorcing person from married life to single life without unreasonable financial difficulties.  The Florida divorce judges have awarded sums of money for the purpose of paying first and last month's rent on a new apartment, for making a down payment on a new house, for hiring a moving company to take furniture to a new residence or even for buying furniture to place there.

It is awarded when one spouse is better off financially than the other spouse going out of the marriage.  The court will determine this by looking at both the marital and non-marital assets that each party has at the time of the divorce and also at the income each has.  The court will also consider things such as the amount of sacrifice the requesting party went through to join in the marriage, such as giving up an apartment or changing jobs.

Bottom line:  Even though you may not have a marriage long enough to qualify for permanent periodic alimony and your employment is sufficient to disqualify you from rehabilitative alimony, you may want to speak one of our Florida divorce lawyers about being awarded money to help you go from being married to being single under the right circumstances.

© Copyright 2009 by Stann Givens

Rehabilitative alimony is one of the forms of support available to a spouse in a Florida divorce.  It is paid by the spouse who has the greater income and it is paid to the spouse who has a temporary need for it until that spouse can get back to full earning potential.

The classic example is a situation where a spouse was a nurse before the marriage.  During the marriage the couple had children and that spouse quit being a nurse in order to stay home with the children.  At the time the divorce was filed, the nurse found that there was a need to go back to school for several months in order to re-qualify for the nursing license and then spend additional time finding a job back in that occupational field.

In that situation, if the other spouse is able to pay it, the court may require that the greater income earning spouse pay the nurse's schooling and living expenses until the time comes when the nurse is re-certified and fully employed.  Sometimes this solution to the financial problem makes it unnecessary to require permanent periodic alimony because, once the nurse is fully employed, the incomes of the two spouses are close to equal.

In order to qualify for rehabilitative alimony, the underemployed spouse must set out a specific plan of how long the rehabilitation will take and how much the education and living expenses will be.  If it takes additional time through no fault of the rehabilitating spouse, the court may extend the time through which the alimony will be paid.  If that spouse does not make the effort to complete the rehabilitation, the court may relieve the other spouse from the obligation to continue paying.

Bottom line from this Florida Alimony Attorney:  If in your divorce you need funds to get back into the workplace, your Florida rehabilitative alimony lawyer may be able to help you get them.

© Copyright 2009 by Stann Givens

The most common form of alimony in a divorce is permanent periodic alimony.

In a Florida divorce, the court must consider the following alimony factors:

1. The standard of living established during the marriage.
2. The duration of the marriage.
3. The age and the physical and emotional condition of each party.
4. The financial resources of each party, the non-marital and the marital assets and liabilities distributed to each.
5. When applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.
6. The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.
7. All sources of income available to either party.
8. Any other factor necessary to do equity and justice between the parties.

While in the distant past, a marriage of at least twenty years was required to qualify for permanent periodic alimony, more recently a marriage of thirteen years will qualify in most cases.

The main factor considered after you establish that you have had a long term marriage is that of the difference in your abilities to earn an income.  Assuming a long term marriage, the court will require a greater earning spouse to provide monthly support to the lesser earning spouse so that one spouse doesn't go from wealth to poverty while the other remains wealthy.

We will talk more about these factors in future blogs.

The bottom line from this Florida Alimony Attorney is that there are many details to an alimony consideration.  Consult with us to get an evaluation of your alimony prospects.

© Copyright 2009 by Stann Givens

There are probably more myths in existence about alimony than any other factor in a divorce.

The concept of alimony was created many years ago at a time when the percentage of women who were either not working at all or were working in relatively low paying jobs was extremely high.  The idea was that the husband in those divorces should be required to pay support to those women so that they would not end up on the welfare rolls and be forever supported by the taxpayers.

In a Florida divorce, alimony comes in three forms:  Permanent periodic, Rehabilitative and Transitional. 

For now, please understand that permanent periodic alimony is for long term marriages where one spouse is financially better off than the other.  Rehabilitative alimony is to provide funds for a spouse to go from the present underemployed status to one of full employment at the highest potential.  The purpose of transitional alimony is give a needy spouse a one-time amount of money so that the spouse can go from married life to single life without suffering severe financial difficulties in the transition.

We will go into greater detail as to each of these three forms of alimony in future blog posts.

Bottom line from this Florida Alimony Lawyer:  Give us a call and talk to us about whether the facts surrounding your marriage support a claim for alimony.

© Copyright 2009 by Stann Givens