Posted by Nydia Streets of Streets Law in Florida Alimony
When alimony is terminated by the request of a payor because of changed financial circumstances, a court can still award nominal alimony which provides for the possibility that the payor may be able to pay the alimony in the future. Nominal alimony is a small amount which keeps the alimony obligation active for future modification, but is a low or insignificant amount (ex: $1.00 per month). This was an issue in the case O’Brien v. O’Brien, D2023-2446 (Fla. 4th DCA November 6, 2024).
Posted by Nydia Streets of Streets Law in Florida Alimony
According to Florida Statute Chp. 61.08, “The court may award a combination of forms of alimony or forms of payment, including lump sum payments, to provide greater economic assistance in order to allow the obligee to achieve self-support.” A lump sum alimony payment may be desirable for both the payor and payee where it gets rid of the need for ongoing accounting of monthly payments. Lump sum alimony was an issue in the case Gutierrez v. Gutierrez, 3D23-1434 (Fla. 3d DCA August 28, 2024).
Posted by Nydia Streets of Streets Law in Florida Alimony
When a modification of Florida alimony is sought, there are different considerations from those applied when alimony is originally ordered. Establishment of alimony is governed by Florida Statute 61.08 which modification of alimony is governed by Florida Statute 61.14. This was an issue in the case Beans v. Beans, 1D2021-3358 (Fla. 1st DCA September 18, 2024).
Posted by Nydia Streets of Streets Law in Florida Alimony
What happens when a court premises its ruling on a prior order which has been reversed by an appellate court? This was an issue in the case Kritzman v. Kritzman, 3D22-1418 (Fla. 3d DCA February 28, 2024). The parties’ marital settlement agreement obligated the former husband to pay permanent alimony to the former wife amounting to one-third of his annual income. The former wife filed a motion to enforce alleging the former husband had not paid. The former husband was eventually ordered to pay $2,000 per month toward his arrears and an equitable lien was placed on his retirement account to secure the arrearages.
Posted by Nydia Streets of Streets Law in Florida Alimony
What does it mean to suspend or abate a Florida alimony obligation? This means the payor is experiencing temporary hardship that affects his or her ability to pay such as the loss of employment or temporary disability. This issue must be properly brought before the court to be considered. This was an issue in the case Pappas v. Pappas, 2D22-1791 (Fla. 2d DCA February 23, 2024).
Posted by Nydia Streets of Streets Law in Florida Alimony
When nominal alimony is awarded in a Florida divorce, the alimony recipient may wonder when it is time to petition for an increase in alimony. This was an issue in the case Cipollina v. Cipollina, 2D22-28 (Fla. 2d DCA January 19, 2024).
Posted by Nydia Streets of Streets Law in Florida Alimony
When a former spouse who is ordered to pay alimony suspects that the other former spouse is cohabitating, this may be grounds to modify Florida alimony. A four-step analysis is required by the court in determining if alimony should be reduced or terminated on this ground. This was an issue in the case Spector v. Spector, 3D22-1400 (Fla. 3d DCA October 11, 2023).
Posted by Nydia Streets of Streets Law in Florida Alimony
Modification of alimony in Florida requires a showing of a substantial change in circumstances which was not contemplated at the time the support amount was established. The burden of proof on the party asking to modify alimony is considerable. So what is an example of a change in circumstances that qualifies? Today we discuss the case Allaire v. Allaire, 2D22-2804 (Fla. 2d DCA September 15, 2023).
Posted by Nydia Streets of Streets Law in Florida Alimony
Permanent alimony no longer exists in Florida, but the primary consideration of need and ability to pay remain the same. The spouse who is asking for alimony to be paid must show a need for it, and there must be a finding that the other spouse has the ability to pay alimony. This was an issue in the case Crouse v. Crouse, 4D22-2070 (Fla. 4th DCA July 26, 2023).
Posted by Nydia Streets of Streets Law in Florida Alimony
Do I qualify for an abatement of alimony? This is a question many may have when they run into financial difficulties due to loss of income or other issues. An abatement means a pause on the obligation. While the money will still eventually be owed, a party does not have to worry about being held in contempt during the period of abatement. This was an issue in the case Vuchinich v. Vuchinich, 2D20-3719 (Fla. 2d DCA May 26, 2023).
Posted by Nydia Streets of Streets Law in Florida Alimony
Florida Statute Chp. 61.08 governs alimony. Factors are listed in this statute which must be considered by the court in establishing or modifying an alimony payment. Some of these factors include the standard of living established during the marriage, the duration of the marriage and the age, physical and emotional condition of the parties. Modification of alimony was an issue in the case Stivelman v. Stivelman, 3D21-1404 (Fla. 3d DCA February 8, 2023).
Posted by Nydia Streets of Streets Law in Florida Alimony
Modifying permanent alimony in Florida requires a showing of a substantial change in circumstances, among other proof. The party requesting modification has the high burden of showing that circumstances have changed beyond their control. This was an issue in the case Branham v. Branham, 5D22-320 (Fla. 5th DCA December 2, 2022).
Posted by Nydia Streets of Streets Law in Florida Alimony
When a party seeks to modify alimony, circumstances must be different from when the alimony was first awarded. The change must be unanticipated and substantial. What if an alimony recipient gains new credentials or employment? Is this enough to warrant a modification of alimony? This was an issue in the case Girard v. Girard, 4D21-2618 (Fla. 4th DCA November 30, 2022).
Posted by Nydia Streets of Streets Law in Florida Alimony
Can a discharge of debts in bankruptcy lead to a modification of alimony in Florida? According to the case Kraus v. Kraus, 3D21-740 (Fla. 3d DCA August 24, 2022), it can. This is because the debt discharge could lead to better ability to pay by the payor.
Posted by Nydia Streets of Streets Law in Florida Alimony
Can receipt of social security benefits form a basis for modification of Florida alimony? If an alimony recipient begins receiving social security benefits, the payor may be able to modify alimony payments if he or she can show there has been an unanticipated and substantial change in circumstances which warrants modification of alimony. This was an issue in the case Mahle v. Mahle, 4D20-2024 (Fla. 4th DCA May 25, 2022).
Posted by Nydia Streets of Streets Law in Florida Alimony
Can withdrawals from a retirement account be considered income when calculating a party’s ability to pay alimony? The answer depends on what type of withdrawals are being made, such as discretionary or mandatory. This was an issue in the case Rodolph v. Rodolph, 4D18-3167 (Fla. 4th DCA May 4, 2022).
Posted by Nydia Streets of Streets Law in Florida Alimony
What does the term “non-modifiable alimony” mean? Usually, this means that alimony payments cannot be changed in length, amount or otherwise. A Florida divorce court cannot order non-modifiable alimony absent an agreement between the spouses or findings of exceptional circumstances. The definition of the term “non-modifiable” was at issue in the case Perez v. Perez, 5D20-2094 (Fla. 5th DCA November 5, 2021).
Posted by Nydia Streets of Streets Law in Florida Alimony
When a party is ordered to pay permanent alimony in Florida, is retirement a factor that can be considered in modifying or possibly terminating support payments? Generally, a party’s retirement may be a substantial change in circumstances that warrants modification of alimony. A party seeking modification has the burden of proving the change is involuntary and permanent. This was an issue in the case Tanner v. Tanner, 2D20-3042 (Fla. 2d DCA October 20, 2021).
Posted by Nydia Streets of Streets Law in Florida Alimony
When a petition for modification of alimony is filed in Florida, can a court retroactively modify the support amount? A court has discretion to modify alimony dating back to the date of filing the petition for modification or any date subsequent to the filing of the petition. How does the court decide what date is appropriate? This was an issue in the case Franz v. Franz, 2D20-3310 (Fla. 2d DCA October 13, 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).
