The rate at which alimony and/or child support arrears are repaid is largely dependent on whether or not an income withholding order has been previously entered in the case. If an income deduction order or income withholding order has been entered, Florida Statute 61.1301(1)(b)(2) mandates that any arrears must be repaid at least at the rate…
Continue reading ›All income available to the recipient of alimony should be taken into consideration prior to the court assessing the amount of alimony to be paid. Income from all sources reduce the “needs” of the spouse who is claiming alimony from the other party. “Needs versus ability to pay” is the general standard utilized by the…
Continue reading ›A trial court is required to make sufficient findings about an individual’s ability to pay alimony. A litigant requesting alimony has the burden of proof on both his or her financial need as well as the other spouse’s ability to pay and meet that need. Gilliard v. Gilliard, 162 So3rd 1147 (Florida 5th DCA 2015).…
Continue reading ›Alimony is an area of the law that requires a fact intensive investigation by the court. When a court decides to either award an alimony claim or deny an alimony claim, the court is required to consider all of the statutory factors set forth in Florida Statute 61.08(2). If a final judgment fails to consider…
Continue reading ›It is understandable that some spouses who are divorcing are not necessarily in the mindset to cooperate with one another. After all, fighting and disagreements have likely played a role in the decision to end their marriage. However, refusal to come to an agreement regarding one or more issues in a divorce can cause serious…
Continue reading ›Divorce can be an uncertain or stressful situation for anyone. After all, many facets of your life from your living arrangements to your finances to your relationship with your children will likely change. While these changes may be difficult for anyone, they can be particularly difficult and stressful for a parent who has decided to…
Continue reading ›The end of a long-term relationship can be emotionally difficult and can make people act in ways that may be out of character. Sometimes, people who are getting a divorce feel a newfound sense of freedom that allows them to pursue new social or romantic options. In other instances, a divorce can cause individuals to…
Continue reading ›With the recent breach and data leak regarding approximately 32 million subscribers to the “married dating” website Ashley Madison, many married couples have likely been facing difficult situations as news of possible infidelity became exposed. It would not be surprising, in fact, if numerous couples end up in divorce court over a leaked Ashley Madison…
Continue reading ›The Florida Senate and House of Representatives will consider a newly proposed bill that would effectively end lifetime alimony awards in our state and make several others changes to existing alimony laws. Florida is currently one of only a few remaining states with laws that allow awards of lifetime alimony. A similar bill failed in…
Continue reading ›Harold Hamm is a 68-year-old oil magnate who is CEO of Continental Resources, an oil-exploration company that is known as a pioneer in the oil industry. Hamm has been on the cover of Forbes magazine, served as energy advisor to presidential candidate Mitt Romney, and is estimated to have a net worth of around $15…
Continue reading ›
