Articles Posted in Spousal Support

A client walked into Apple six months ago, trying to get his alimony modified. He was not sure about hiring an attorney because he felt his previous attorney was a tiger in his office but a wallflower in Court. We finally asked us him to let us try to solve his family law problem and made a commitment to treat him like our most important client. His reluctance gave way to confidence in our firm and he hired us.

The case was a garden-variety modification of alimony, one of the most heavily litigated types of family law cases. The standard for a modification of alimony is completely at the discretion of the court. The court does not have an obligation to modify; it just has the option…that is if your attorney proves the three elements. To receive a modification of alimony the petitioner, the person asking for the modification in layman’s terms must demonstrate that three things have happened since the original divorce:

• The party asking for a modification must demonstrate a material change in circumstances. That means things have drastically changed for one party for the better or the worse. Sickness or long-term loss of employment can be examples of such material changes.

When deciding whether to grant alimony in a divorce case, courts in Jacksonville, Florida consider many factors, including the length of the marriage, the spouses’ employment prospects, the age of each party, their standard of living, their marital contributions, their available income and assets, and the fairness of the situation.

Generally, the shorter you’ve been married, the less likely you will be awarded alimony. Similarly, age is important. If one of the spouses is about to retire, alimony might be more likely.

Jacksonville, Florida courts also consider marital contributions. You might complain that your spouse watched TV all day for twelve years while you worked fifty hours a week. You might think this means your spouse should not be entitled to alimony; however, the court will likely not consider this in granting alimony. Similarly, if your spouse ran up huge credit card debt, he or she may still be entitled to alimony. The court might look more favorably to you, however, if those debts were ran up without your knowledge.

gavel.jpgWhen deciding whether to grant alimony in a divorce case, courts in Yulee, Florida consider many factors, including the length of the marriage, the spouses’ employment prospects, the age of each party, their standard of living, their marital contributions, their available income and assets, and the fairness of the situation.

Generally, the shorter you’ve been married, the less likely you will be awarded alimony. Similarly, age is important. If one of the spouses is about to retire, alimony might be more likely.

As a Yulee Divorce Lawyer I know Yulee, Florida courts also consider marital contributions. You might complain that your spouse watched TV all day for twelve years while you worked fifty hours a week. You might think this means your spouse should not be entitled to alimony; however, the court will likely not consider this in granting alimony. Similarly, if your spouse ran up huge credit card debt, he or she may still be entitled to alimony. The court might look more favorably to you, however, if those debts were ran up without your knowledge.

Dennis Rodman.jpgRecent reports are suggesting that NBA Hall of Famer, Dennis Rodman, may be facing up to 20 days in jail for failure to pay his ex wife court ordered child support and spousal support. Michelle Rodman is claiming that the Hall of Famer owes $51,441 in back spousal support and $808,935 in back child support for the parties’ 9 and 10 year old children. Michelle Rodman is also seeking attorney’s fees for having to bring a court action against the Hall of Famer. However, the former NBA star’s attorney is arguing Rodman is sick and broke and has no ability to pay the large amounts of child support and spousal support.

As a Child Support Attorney I see cases similar to Rodman’s all the time. Although, many cases do not involve back child support and spousal support in the amounts claimed above. In Ponte Vedra, Florida Judges take non-payment of child support very seriously. However, these Ponte Vedra Judges are restrained by the law and can only order jail time in very limited circumstances.

For instance, to put a non-paying parent in jail a Ponte Vedra Judge must:(1) find that the parent is willfully failing to pay the ordered child support amounts, (2) make the affirmative finding that the non-paying parent possesses the ability to comply with the purge amount and (3) put the above two requirements in a written order.

calculator.jpgWhen deciding whether to grant alimony in a divorce case, courts in Jacksonville, Florida consider many factors, including the length of the marriage, the spouses’ employment prospects, the age of each party, their standard of living, their marital contributions, their available income and assets, and the fairness of the situation.

Generally, the shorter you’ve been married, the less likely you will be awarded alimony. Similarly, age is important. If one of the spouses is about to retire, alimony might be more likely.

Jacksonville, Florida courts also consider marital contributions. You might complain that your spouse watched TV all day for twelve years while you worked fifty hours a week. You might think this means your spouse should not be entitled to alimony; however, the court will likely not consider this in granting alimony. Similarly, if your spouse ran up huge credit card debt, he or she may still be entitled to alimony. The court might look more favorably to you, however, if those debts were ran up without your knowledge.

On November 11, 2011 I wrote a blog titled, “Sexual Assault Victim Ordered to Pay Her Attacker Alimony.” In the blog I described how Crystal Harris, a San Diego area resident, was ordered to pay alimony to her ex husband whom was serving time in prison for sexual assault. Worst part about this is that Crystal was the victim of the sexual assault her ex-husband was convicted of.

This case has received a lot of attention from many across the nation, including California lawmakers. For example, Toni Atkins, a Sacramento, California Assemblymember, has introduced legislation to prevent future cases like that of Crystal Harris. The bill, AB 1522, would add violent sex felonies to the list of convictions that disqualify a person from obtaining financial benefits from their ex-spuse in a divorce proceeding.

Atkins stated in a SDGLN.com article,”The current law allowing rapists to demand payment from their spouses in a divorce is unjust.” “Victims of violent sex crimes already suffer physical trauma, fear, and an assault on their privacy and dignity. To require them also to pay their abuser alimony or to give them a share of their pension or household goods is cruel and makes a mockery of the intent behind the laws governing the fair division of assets in a divorce.”

dollarsign.jpgFloridaToday.com has recently posted an article titled, “Times have changed, so should alimony.”

The article tackles the issue of permanent alimony in Florida and its, often considered, archaic reasoning.

Currently, Florida Statute 61.08 reads, “Permanent alimony may be awarded to provide for the needs and necessities of life as they were established during the marriage of the parties for a party who lacks the financial ability to meet his or her needs and necessities of life following a dissolution of marriage.”

alimony2.jpgAs a Family Law Attorney in the Jacksonville Beach area I am consistently asked how the courts calculate alimony. This is often a difficult question to answer.

In Jacksonville Florida there is no basic calculation system that the courts follow; instead, there are factors that are taken into consideration when determining whether to award and how much to award in alimony.

These factors include:

News stations out of San Diego, California are reporting on an interesting case that caught my attention. Crystal Harris, a Carlsbad, California resident was raped by Shawn Harris, her now ex-husband, yet the Judge in their divorce case awarded Shawn $1,000 a month in spousal support (Alimony). So when Shawn gets out of prison for the felony he committed against Crystal, Crystal will have to pay him $1,000 a month!

How could this have happened? Well, under California law, “there is only one way Crystal Harris could have avoided paying her ex-husband: if he had tried to kill her”. After presiding over the parties’ divorce, Family Law Court Judge Gregory Pollock stated, “I can’t look at a 12-year marriage where one side is making $400 a month, the other side is making over $11,000 and say no spousal support, that would be an abuse of discretion.”

San Diego County District Attorney, Bonnie Dumanis is currently petitioning California lawmakers to address and change this loophole so something like this doesn’t happen again.

Contact Information