Posted by Nydia Streets of Streets Law in Florida Alimony
While it is important to know what you want in your Florida divorce case, it is equally important to know how to ask for it. Your petition for dissolution of marriage in Florida frames the issues in the case and puts the other party on notice regarding what relief you are seeking. Usually, if you do not include something you want in your petition, you cannot get it at trial. The case Lizzmore v. Lizzmore, 1D17-1734 (Fla. 1st DCA, 2019) sheds light on this.
Posted by Nydia Streets of Streets Law in Florida Alimony
Time and time again, we see cases in which parties’ marital settlement agreements are not fully clear as to intent. A paragraph about child support, for example, may say something, but when read years later, can cause different interpretations. These different interpretations usually lead to expensive post-judgment litigation as was the case in Quillen v. Quillen, 247 So.3d 40 (Fla. 1st DCA 2018).
Posted by Nydia Streets of Streets Law in Alimony
Sometimes, it is appropriate for a court to combine two different types of alimony and award both in a Florida divorce. In one case, however, this was not appropriate, as found by an appellate court in Hedden v. Hedden, 240 So.3d 148 (Fla. 5th DCA 2018).
Posted by Nydia Streets of Streets Law in Florida Alimony
There are multiple types of alimony that can be awarded in Florida for a short time, a moderate amount of time or permanently. What type of alimony is awarded in any specific case depends on what the parties agree on, or if the judge will decide alimony, factors such as the length of the marriage, the contributions of both spouses, and primarily the need of the spouse asking for alimony and the ability of the other spouse to pay it. When parties agree on alimony that is recorded in a marital settlement agreement, it is important that the intent of the parties with regard to alimony is accurately reflected in the wording used in the agreement.
Posted by Nydia Streets of Streets Law in Florida Alimony
When either party appeals a final judgment of divorce, can a party seek temporary alimony while an appeal is pending? If so, what standard should be applied to determine if alimony should be awarded under this circumstance? These questions were answered in the appellate case Reidy v. Reidy, 232 So.3d 1053 (Fla. 4th DCA 2018).
Posted by Nydia Streets of Streets Law in Florida Alimony
When is permanent alimony awarded in a Florida divorce? Per the Florida Statutes, it is awarded in long term marriages (defined as 17 years or longer) when no other form of alimony is fair and reasonable given the circumstances of the parties. In Griffitts v. Griffitts, 5D17-2509 (Fla. 5th DCA 2019), we see a reversal of a trial court’s decision to deny permanent alimony in a long term marriage.
Posted by Nydia Streets of Streets Law in Florida Alimony
When parties agree to alimony terms in Florida, those terms supersede the Florida Statutes as it relates to payment of spousal support. In the case Inman v. Inman, 2D19-482 (Fla. 2d DCA 2018), a stipulated divorce decree was originally entered which stated the former husband would pay $800 per month to the former wife until the former wife’s death. The former husband sought termination of his alimony obligation, or in the alternative, modification.
Posted by Nydia Streets of Streets Law in Florida Alimony
What was phrased by the Florida 4th District Court of Appeal as a “a duel between reversible error and preservation” in Fox v. Fox, 4D17-2092 (Fla. 4th DCA 2018) is a study in the nuances of Florida family law. This case revolves around a Florida alimony award and a conflict has been certified regarding the case issues, meaning the Florida Supreme Court may need to decide on rules which conflict among two or more Florida appellate districts.
Posted by Nydia Streets of Streets Law in Florida Alimony
It is well-established that in order for a court to award alimony in Florida, it must be shown that there is a need for it and an ability to pay it. This standard applies even to awards of temporary spousal support as we see in the case Erskine v. Erskine, 1D18-1785 (Fla. 1st DCA 2018).
Posted by Nydia Streets of Streets Law in Florida Alimony
In what sounds like a law school essay exam fact pattern or even a bar exam essay question, the recently published case Greenshields v. Greenshields, 5D18-400 (Fla. 5th DCA 2018) presents an interesting and somewhat complex history between divorced parties with a dispute revolving around a loan and an alimony obligation.
Posted by Nydia Streets of Streets Law in Florida Alimony
A case was just published by the Fifth District Court of Appeal in Florida on November 30, 2018 which explores the concept of res judicata in relation to an alimony claim. Res judicata is Latin for “A matter judged”. It can be thought of as double jeopardy in civil cases - the doctrine of res judicata not only bars a party from re-litigating issues that were raised in a case that proceeded to a final judgment, but it also precludes consideration of issues that could have been raised but were not raised at the time the final judgment was entered. See Portwood v. Portwood, 5D17-2713 (Fla. 5th DCA 2018).
Posted by Nydia Streets of Streets Law in Florida Alimony
When you can no longer afford your alimony obligation, or on the other side if you need more alimony than was originally awarded due to a change in circumstances, you may have the option of filing a petition for modification of alimony in Florida. Modification can be retroactive to the date you filed your petition, meaning it will go into effect as of the date you filed your petition even if an order on the petition is entered several months later.
Posted by Nydia Streets of Streets Law in Florida Alimony
How does alimony affect a Florida child support calculation and vice versa? Alimony is considered income to the spouse receiving it and is considered a deduction from the income of the spouse paying it. There are direct alimony payments (that is, payments made directly to the recipient) and there are in-kind payments (payments made on behalf of the recipient such as a phone bill or a mortgage payment). Are both of these types of payments deductible from the payor’s income when calculating child support?
Posted by Nydia Streets of Streets Law in Florida Alimony
When is permanent alimony ordered in Florida? Under current statutory law, the court must make a finding that no other form of alimony is fair and reasonable under the circumstances. Without this finding in the final judgment, the alimony award is subject to reversal on appeal. In one recent appellate case, although the former wife successful proved on the trial level that the former husband may have been hiding income, her award of permanent alimony was reversed in part because of the lack of the required finding in the final judgment.
Posted by Nydia Streets of Streets Law in Florida Alimony
A spouse who is voluntarily unemployed or underemployed may have income imputed to him or her for purposes of calculating alimony in Florida. The spouse who is asking the court to impute income to the other spouse has the burden of proving that the non-working spouse could be working or earning more money. The specific findings which must be made in these cases in explored in the recent appellate case Masino v. Masino, 1D18-450 (Fla. 1st DCA 2018).
Posted by Nydia Streets of Streets Law in Florida Alimony
Modification of Florida alimony based on retirement has received significant attention this year in the appellate courts. We previously discussed the implications of an alimony recipient reaching retirement age, and today, we review the consequences of the alimony payor reaching retirement age in the case Bauchman v. Bauchman, 4D17-1471 (Fla. 4th DCA 2018).
Posted by Nydia Streets of Streets Law in Miami Alimony
Finding oneself on the receiving end of a motion for contempt can be a nerve-wracking experience, especially when punishment for contempt can range from fines to incarceration. We review a man's decision to appeal a finding of contempt against him based on his failure to pay alimony while he was at the same time trying to modify his obligation.
Posted by Nydia Streets of Streets Law in Florida Alimony
Recently, a Florida appellate court issued an opinion which will no doubt have an impact on modifying alimony in Florida. The case Gelber v. Brydger, 4D17-295 (Fla. 4th DCA 2018) explored the issue of what can be considered an unanticipated change in circumstances in modifying alimony.
Posted by Nydia Streets of Streets Law in Alimony
When a spouse commits adultery, how does that affect Florida alimony? Generally, in order for a court to take adultery into consideration in a Florida divorce case, there has to be some financial connection to the marriage. For example, if a spouse spent money on furthering an affair, the other spouse may be entitled to a credit for the money spent. Alimony, however, is affected by an extramarital affair in a different way.
Posted by Nydia Streets of Streets Law in Alimony
Can a court reduce a Florida alimony obligation when the alimony recipient voluntarily reduces his or her expenses? This question was asked in the case Regan v. Regan, 217 So.3d 91 (Fla. 4th DCA 2017) where the court considered an appeal of a final judgment that granted the former husband's request to modify alimony.
