News on Alimony Law Changes by noted Orlando Divorce Lawyer
Ranked #15,999 in Parenting & Kids, #670,024 overall
Orlando Divorce Lawyer specializing in topics on Family Law of interest to those in Central Florida
I am Elaine Barbour, an Orlando Attorney focused on Divorce and Family Law. Therefore, the information I write about here is focused on these topics. I am based in Orlando Florida and am a well known experienced attorney. I aggressively fight for the rights of my clients. I understand every case is different. I listen to you, find out your objectives in the legal matter you are facing, and develop a strategy to meet those objectives. With over 22 years of experience, I provide no-nonsense, knowledgeable legal counsel for clients in divorce, child support, modifications, child custody, and all aspects of family law. I hope you enjoy my blog and check out my website www.ebarbouratty.com Thanks!
CHANGES TO ALIMONY LAWS
Florida Statute 61.08 is the alimony statute for Florida. Governor Christ recently signed legislation which made significant changes which may affect you. These changes took effect on July 1, 2010 and apply to all cases filed and undisposed of as well as all new filings. What follows is a rather long blog, but if you are facing divorce or have been ordered to pay alimony, it is important that you read what follows. If you need any further help or want discussion about how these law changes affect you, please call my office at (407) 898-3150 and schedule a confidential appointment to discuss your case in detail.
Legislative changes:
Length of marriages now defined
The alimony statute now provides for the following presumptions: a short term marriage is one of less than 7 years in length, a moderate term marriage is one of 7 years but less than 17, and a long term marriage is one of 17 years or greater. This is huge since we now have a bright line application to follow to assist in determination of what exactly is a short, moderate or long term marriage. This is also important in terms of determining what type of alimony, if any, is appropriate.
Types of alimony now defined
The legislation also now sets forth 4 different types of alimony in Florida that a Court may award. They are as follows: 1) Bridge-the-gap alimony: designed for short or moderate term marriages, to assist the lower income earning spouse in transitioning from married life to single life, is of a duration of not more than 2 years and is non-modifiable. 2) Rehabilitative alimony: designed for short to moderate term marriages, to help the lower income earning spouse up-date his or her skills, education and credentials or obtain new education, skills or credentials, for a term of years which can be modified upon a substantial change of circumstances. 3) Durational alimony: when permanent alimony is not appropriate, to assist the lower income earning spouse to meeting day to day living expenses, the duration can be no longer than the marriage, term of the award cannot be modified unless exceptional circumstances exist but you can modify the amount by showing a substantial change in circumstances. 4) Permanent alimony: designed for a long term marriage to assist the lower income earning spouse in meeting expenses to maintain standard of living as established during the marriage, the duration and amount is modifiable upon a showing of a substantial change in circumstances and the term of the award is until the recipient spouse dies, remarries or is in a supportive relationship.
Factors used in considering if alimony appropriate
F.S. 61.08 also sets forth several factors that a court is to consider in determining whether there is an entitlement to alimony. They are as follows: a) the need of the recipient spouse and the ability to pay of the payor spouse; b) adultery; c) standard of living established, d) duration of the marriage; e) ages and health of the parties, f) financial resources of the parties; g) education, training and employability of the parties; h) contributions of each party to the marriage; i) responsibilities during marriage to the children; j) tax treatment of the alimony award; k) all sources of income; and l) any other factor the court needs to consider to do fairness between the parties.
How is amount determined?
Unlike child support, there's no magic formula or way to determine the amount of alimony once an entitlement has been found. Generally, Courts take into consideration each party's incomes from all sources, financial resources available to them and reasonable expenses before settling upon an amount. What I tell people is that if one spouse makes in excess of twice the income of the other spouse, then we need to analyze your case in detail to determine what exposure, if any, there is to an alimony award. I've been practicing family and marital law for over 18 years and have tried many alimony cases over the years. I know the law and have the experience to tell you what you can expect from local judges. A well-respected local judge once told me, "A good lawyer knows the law, a great lawyer knows his judge." Since so much of Marital and Family Law is judicial discretion, this statement rings very true.
Legislative changes:
Length of marriages now defined
The alimony statute now provides for the following presumptions: a short term marriage is one of less than 7 years in length, a moderate term marriage is one of 7 years but less than 17, and a long term marriage is one of 17 years or greater. This is huge since we now have a bright line application to follow to assist in determination of what exactly is a short, moderate or long term marriage. This is also important in terms of determining what type of alimony, if any, is appropriate.
Types of alimony now defined
The legislation also now sets forth 4 different types of alimony in Florida that a Court may award. They are as follows: 1) Bridge-the-gap alimony: designed for short or moderate term marriages, to assist the lower income earning spouse in transitioning from married life to single life, is of a duration of not more than 2 years and is non-modifiable. 2) Rehabilitative alimony: designed for short to moderate term marriages, to help the lower income earning spouse up-date his or her skills, education and credentials or obtain new education, skills or credentials, for a term of years which can be modified upon a substantial change of circumstances. 3) Durational alimony: when permanent alimony is not appropriate, to assist the lower income earning spouse to meeting day to day living expenses, the duration can be no longer than the marriage, term of the award cannot be modified unless exceptional circumstances exist but you can modify the amount by showing a substantial change in circumstances. 4) Permanent alimony: designed for a long term marriage to assist the lower income earning spouse in meeting expenses to maintain standard of living as established during the marriage, the duration and amount is modifiable upon a showing of a substantial change in circumstances and the term of the award is until the recipient spouse dies, remarries or is in a supportive relationship.
Factors used in considering if alimony appropriate
F.S. 61.08 also sets forth several factors that a court is to consider in determining whether there is an entitlement to alimony. They are as follows: a) the need of the recipient spouse and the ability to pay of the payor spouse; b) adultery; c) standard of living established, d) duration of the marriage; e) ages and health of the parties, f) financial resources of the parties; g) education, training and employability of the parties; h) contributions of each party to the marriage; i) responsibilities during marriage to the children; j) tax treatment of the alimony award; k) all sources of income; and l) any other factor the court needs to consider to do fairness between the parties.
How is amount determined?
Unlike child support, there's no magic formula or way to determine the amount of alimony once an entitlement has been found. Generally, Courts take into consideration each party's incomes from all sources, financial resources available to them and reasonable expenses before settling upon an amount. What I tell people is that if one spouse makes in excess of twice the income of the other spouse, then we need to analyze your case in detail to determine what exposure, if any, there is to an alimony award. I've been practicing family and marital law for over 18 years and have tried many alimony cases over the years. I know the law and have the experience to tell you what you can expect from local judges. A well-respected local judge once told me, "A good lawyer knows the law, a great lawyer knows his judge." Since so much of Marital and Family Law is judicial discretion, this statement rings very true.
CHILD SUPPORT
Law Changes You Need to Know
Effective October 1, 2010, there were much needed changes to child support orders. Many of you either pay or receive child support through an employer wage deduction. The Order mandating an employer to deduct child support is called an Income Deduction Order (IDO). All support orders must now provide:
a. For child support to terminate on a child's 18th birthday unless otherwise agreed to by the parties;
b. A schedule stating the amount of the monthly child support obligation for all the minor children at the time of the order and the amount of child support that will be owed for any remaining children after one or more of the children are no longer entitled to receive child support; and
c. The month, day, and year that the reduction or termination of child support becomes effective.
There are 2 other important changes in terms of how we calculate child support which took effect on January 1, 2011:
1. Substantial time-sharing adjustment:
The number of overnights a child spends with each parent are utilized in the child support guidelines. The theory has always been that the more time a child spends with one parent over the other, the more expense that child is to that parent for basic necessities of life and therefore, the more support the parent with less time sharing should be paying to the parent who has the child more of the time. It used to be that substantial time sharing was defined as a parent having 40% or more (146 nights or more) of the calendar year overnights with a child. No more. The new law changes have reduced the substantial time sharing from 40% to 20% or more of the calendar year overnights. This is important to each parent in terms of how many actual child support dollars will flow from one parent to the other for the use of the child. The 25% discount on day care to the paying parent has also been eliminated, thus leveling the playing field even further.
2. Imputation of Income to an unemployed or underemployed parent:
It is always a task dealing with determining the income to be used for the underemployed or unemployed parent. The law now provides a more bright line test and application for those parents who are under or unemployed.
Income shall now be automatically imputed. There is a rebuttable presumption that the parent has income equivalent to the median income of year-round full-time workers as derived from current population reports or replacement reports published by the United States Bureau of the Census when:
a) Information concerning a parent's income is unavailable;
b) a parent fails to participate in a child support proceeding, or
c) a parent fails to supply adequate financial information in a child support proceeding.
In order for the court to impute income at an amount other than the median income of year-round full-time workers, the court must make specific findings of fact which are legal reasons for doing so. The party seeking to impute income has the burden to prove by competent, substantial evidence that:
a. The unemployment or underemployment is voluntary; and
b. Identifies the amount and source of the imputed income, through evidence of income from available employment for which the party is suitably qualified by education, experience, current licensure, or geographic location, with due consideration being given to the parties' time-sharing schedule and their historical exercise of the time-sharing provided in the parenting plan or relevant order.
Except as set forth in above paragraph income may not be imputed based upon:
a. Income records that are more than 5 years old at the time of the hearing or trial at which imputation is sought; or
b. Income at a level that a party has never earned in the past, unless recently degreed, licensed, certified, relicensed, or recertified and thus qualified for, subject to geographic location, with due consideration of the parties' existing time-sharing schedule and their historical exercise of the time-sharing provided in the parenting plan or relevant order.
The above may sound a little complicated and it can be; however, if you are faced with support being attempted to be set or modified and you or the other parent are either unemployed or underemployed, you need the advice of an attorney. Let me know if I can help and I'll be glad to in any way I can.
a. For child support to terminate on a child's 18th birthday unless otherwise agreed to by the parties;
b. A schedule stating the amount of the monthly child support obligation for all the minor children at the time of the order and the amount of child support that will be owed for any remaining children after one or more of the children are no longer entitled to receive child support; and
c. The month, day, and year that the reduction or termination of child support becomes effective.
There are 2 other important changes in terms of how we calculate child support which took effect on January 1, 2011:
1. Substantial time-sharing adjustment:
The number of overnights a child spends with each parent are utilized in the child support guidelines. The theory has always been that the more time a child spends with one parent over the other, the more expense that child is to that parent for basic necessities of life and therefore, the more support the parent with less time sharing should be paying to the parent who has the child more of the time. It used to be that substantial time sharing was defined as a parent having 40% or more (146 nights or more) of the calendar year overnights with a child. No more. The new law changes have reduced the substantial time sharing from 40% to 20% or more of the calendar year overnights. This is important to each parent in terms of how many actual child support dollars will flow from one parent to the other for the use of the child. The 25% discount on day care to the paying parent has also been eliminated, thus leveling the playing field even further.
2. Imputation of Income to an unemployed or underemployed parent:
It is always a task dealing with determining the income to be used for the underemployed or unemployed parent. The law now provides a more bright line test and application for those parents who are under or unemployed.
Income shall now be automatically imputed. There is a rebuttable presumption that the parent has income equivalent to the median income of year-round full-time workers as derived from current population reports or replacement reports published by the United States Bureau of the Census when:
a) Information concerning a parent's income is unavailable;
b) a parent fails to participate in a child support proceeding, or
c) a parent fails to supply adequate financial information in a child support proceeding.
In order for the court to impute income at an amount other than the median income of year-round full-time workers, the court must make specific findings of fact which are legal reasons for doing so. The party seeking to impute income has the burden to prove by competent, substantial evidence that:
a. The unemployment or underemployment is voluntary; and
b. Identifies the amount and source of the imputed income, through evidence of income from available employment for which the party is suitably qualified by education, experience, current licensure, or geographic location, with due consideration being given to the parties' time-sharing schedule and their historical exercise of the time-sharing provided in the parenting plan or relevant order.
Except as set forth in above paragraph income may not be imputed based upon:
a. Income records that are more than 5 years old at the time of the hearing or trial at which imputation is sought; or
b. Income at a level that a party has never earned in the past, unless recently degreed, licensed, certified, relicensed, or recertified and thus qualified for, subject to geographic location, with due consideration of the parties' existing time-sharing schedule and their historical exercise of the time-sharing provided in the parenting plan or relevant order.
The above may sound a little complicated and it can be; however, if you are faced with support being attempted to be set or modified and you or the other parent are either unemployed or underemployed, you need the advice of an attorney. Let me know if I can help and I'll be glad to in any way I can.
My Website Links
- Orlando Divorce Attorney | Orlando Divorce Lawyer | Winter Park Family Lawyer
- This will take you to my main website with more info about the firm. In addition, it has some useful links on Divorce law in Orlando Florida.
- Orange County Florida Clerk of Court
- Information on cases and general clerk information
- Children Centered Divorce
- Good and still timely article
- Orlando Criminal Lawyer for Felony, Misdemeanors, DUI, Drunk Driving, Drug Offenses
- Information that will be of interest for Orlando Criminal law concerns like misdemeanors, felonies, DUI, Drug and other issues.
- Parenting and Child Support
- Some resources for parenting and support.
Orlando Divorce Attorney You Tube Video
Here is a video about me from Yellowpages.com
powered by Youtube
by ebarbouratty
ebarbouratty
Elaine Barbour is an experienced Orlando Divorce lawyer serving all of Central Florida. She is an Orlando Divorce attorney that specializes in all asp... more »
- 0 featured lenses
- Winner of 3 trophies!
- Top lens »
Feeling creative?
Create a Lens!
