Practice Areas

Friday, 19 September 2014 00:00

Alimony

Written by Quattrone Family Law

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 standard of living established during the marriage.

(b) The duration of the marriage.

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

(d) The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each.

(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.

(h) The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment.

(i) All sources of income available to either party, including income available to either party through investments of any asset held by that party.

(j) Any other factor necessary to do equity and justice between the parties.

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 vary

because the statutes do not address specifically how the award should be calculated. Itcan be difficult to predict what the spousal support would be because there are no guidelines. 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 myriad other reasons that may terminate or reduce support, but the basic idea is that if there is no longer a need for support, then you can argue that it should be terminated. Many orders for support provide a specific end date for support. Otherwise, in general, support will likely stop upon the receiving parties remarriage or death. A support obligation may stop or be reduced if the receiving party cohabitates and/or is involved in a financially supportive relationship.

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Modification of Decrees

Written by Quattrone Family Law

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.

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Declaration of Paternity

Written by Quattrone Family Law

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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