Friday, 19 September 2014 00:00

Alimony

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In some instances a spouse will ask for alimony, the court-ordered payment of money to your spouse during and/or after the dissolution of marriage.  If you made more money (especially if you were the primary breadwinner), there is a good chance your spouse will seek alimony. The bigger the difference in earnings and the longer you were married, the larger the alimony payment may be.

Will Alimony Be Awarded?

The general standard in making a determination of alimony is whether one spouse has the ability to pay support and the other party has the need for support.  Without both, alimony is not appropriate and the spouse seeking support has the burden to show them.

How Is Alimony Determined?

Generally, there are designated factors that the court has to consider in determining whether or not to order a party to pay alimony.

Florida statute 61.08 identifies the following factors that a Court is to consider when making a decision on whether to award alimony:

(a) The duration of the marriage.

(b) The standard of living established during the marriage and the anticipated needs and necessities of life for each party after the entry of the final judgment.

(c) The age and the physical, mental, and emotional condition of each party.

(d) The resources and income of each party, including the income generated from both nonmarital and marital assets.

(e) The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.

(f) 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.

(g) The responsibilities each party will have with regard to any minor children they have in common, with special consideration given to the need to care for a child with a mental or physical disability.

(h) Any other factor necessary for equity and justice between the parties. This may include a finding of a supportive relationship or a reasonable retirement.

Once the court determines that a party is entitled to alimony, the court then determines what type of alimony to award, how much the person should receive per month, and how long he or she should receive it.

How Much Maintenance Will I Have to Pay?

Spousal support awards, as explained herein, are based on many factors.  Additionally, there are a number of types of alimony that may be awarded for different purposes.  Although there is no formula to calculate alimony, Florida statutes provide guidance and boundaries on the amount that can be ordered by the Court as well as the length of time that it may be awarded.

Having experienced legal representation can be important in protecting yourself or in obtaining an award for necessary support. 

When Can I Stop Paying Maintenance?

There are many reasons that a Court may terminate or reduce support, but the basic idea is that if there is no longer a need for support, or the ability to pay support, then modification or termination may be appropriate.  A support obligation may stop or be reduced if the receiving party cohabitates and/or is involved in a financially supportive relationship.  Many orders for support provide a specific end date for support.  Otherwise, in general, support will likely stop upon the receiving party's remarriage or death.  
Friday, 19 September 2014 00:00

Modification of Decrees

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What is Modification of Decrees?

Post-decree modifications of court orders are a part of life in family law.  Sometimes things don’t go as they should.  Sometimes the court orders that used to work just don’t work anymore.  Perhaps the court heard all the evidence, and didn’t rule in your favor, but things have changed since then.  Perhaps you made an agreement with your ex, which the court made an order, but now they aren’t holding up their end of the bargain. Perhaps the needs of the child have changed and your ex can no longer meet the child’s needs, or perhaps your ex has changed and they can no longer parent your child properly.  Whatever the reason, if you have had a change in circumstances, it may be time for a change in your custody, visitation, shared parenting, child support or spousal support orders.

Quattrone Family Law knows that in Tampa, post-decree modifications are not simply another bite at the apple.  You need to know what the law requires to get the changes you want, and you need to have evidence to meet your burden of proof. Evidence comes in many forms, including exhibits and testimony, but your evidence must be admissible under the Florida Rules of Evidence.  Each Florida Family Law Attorney at our firm has the experience to provide you with advice regarding the law, your evidence, and the strengths and weaknesses of your post-decree modification case.

At Quattrone Family Law, we believe in straight talk.  If we think you don’t have your ducks in a row yet, we’ll tell you.  If you have a case, but need some help understanding what is evidence, what is not, and how to start collecting your evidence, we’ll help you with that.  We know that preparation is the key to success, and we want you to be involved in preparing your case.  The best results are achieved when the client participates in the gathering and organization of his or her case and evidence.

Wednesday, 27 August 2014 00:00

Declaration of Paternity

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Establishing Paternity

When the parents of a child are not married at the beginning of the pregnancy or at the birth of the child, the father is legally without the rights and responsibilities of a parent. The father, mother must seek a declaration of paternity is necessary to legally establish a parent-child relationship with the father.  Until paternity has been established, a father has no legally enforceable rights and the mother is the decision maker for the child.  The formality of DNA testing is usually not necessary in these cases, but is an option if there is a dispute or uncertainty about the identity of the biological father. 

Child support is directly affected by time sharing with a child, and may not be factored into calculations if the case that is limited to support issues.  If you spend significant time with your child, it should be considered in the support calculation.      

Benefits of Establishing Paternity

By establishing paternity, you will give your child the rights and benefits enjoyed by children born to married parents:

  • Legal proof of each parent’s identity.
  • Information regarding family medical history (in case of inherited health problems).
  • Medical or life insurance from either parent (if available).
  • Financial support from both parents, including child support, Social Security, veterans benefits and military allowances (if applicable), and inheritance.
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If you need to hire a lawyer in order to protect your rights, you may want to pay a visit to Quattrone Family Law. Your attorney will provide the personal attention that your case requires. We’re available to assist citizens of Tampa and nearby communities while they try to deal with a range of family law matters.

Contact Info

  Quattrone Family Law
16114 N. Florida Ave.
Lutz, FL 33549

 813-769-5170

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 9.00 am to 5.00 pm