In many marriages, one spouse will earn a far greater income than the other. If a couple with disparate incomes subsequently divorces, the lesser-earning party will often request spousal support. In determining whether to grant such support, the courts will assess not only the requesting party’s need but also the…
In Florida, parties have the right to seek alimony in divorce actions. The courts will only award alimony if it is warranted under the circumstances, however. Further, the courts may amend an alimony award if the circumstances that merited alimony change. Recently, a Florida court examined whether a temporary change…
While courts typically conducted family law hearings in person prior to 2020, since the COVID-19 pandemic, many proceedings have been held via video-teleconferencing. Regardless of whether hearings are conducted in person or over the internet, parties impacted by such hearings have certain rights, and if the court violates their rights,…
It is a common practice for the Florida courts to issue orders in family law cases that impose obligations to pay child support or alimony. Additionally, to ensure that such obligations are upheld, the courts must issue a separate income withholding order. Recently, a Florida court discussed income withholding orders…
Divorce can leave one party in a precarious financial situation. In many divorces, then, a person will seek alimony from their spouse. In evaluating whether alimony is warranted, the courts will look at not only if the party seeking alimony can demonstrate their need but also if the other party…
There are different types of alimony the Florida courts can award in divorce proceedings, including permanent alimony. Permanent alimony is not as permanent as the name suggests but can be adjusted if a court finds that a modification is warranted. The court will only grant a modification if there is…
There is typically some delay between the time a couple decides to end their marriage and the date ultimately determined to be the effective date of the end of the marriage. While the difference may seem insignificant, it is essential for determining issues like property division and spousal support. Recently,…
While many people assume that women are the primary caregivers for their children, it is not unusual for a husband and wife to decide that the husband will stay at home to care for the children while the wife works. As a result, if a marriage terminates because the husband…
Broadly speaking, Florida courts have the authority to grant alimony and establish the proper amount of maintenance. However, the courts must follow specific rules, and if they award alimony outside of the prescribed bounds without good reason, their decisions may be overturned. A Florida court recently reviewed grounds for overturning…
When a couple decides to divorce, the court is usually entrusted with settling matters like property distribution and whether either side is due child support or alimony . However, if the court makes an error or relies on false evidence, either side can appeal the decision. In a recent opinion in…