Articles Posted in Alimony

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calculatorAn old joke among law students and lawyers theorizes that students enter law school because they are not good at math. If they were, so the joke goes, they’d bypass law school in favor of medical school or engineering. The reality, however, is obviously very different. Many lawyers are very adept at math, which is important because many areas of the law, including family law, can involve extensive math skills. Many times, success in your alimony or child support case can involve having a Florida alimony attorney who has extensive knowledge of the rules and recognizes when the math “just doesn’t add up.”

One example of a case in which the alimony math “didn’t add up,” and the wife secured a favorable judgment on appeal as a result, was the divorce of Danny and Gina. The couple divorced after 14 years of marriage, and their divorce judgment required Danny to pay Gina durational alimony in the amount of $3,800 for eight years. Gina appealed the trial court’s order, contending that the amount of alimony the trial court awarded was too low. Specifically, the wife argued that the trial judge calculated the amount of alimony she should receive incorrectly because the judge failed to take into account the tax consequences of the alimony award.

The appeals court sided with the wife on this point. The evidence presented to the trial judge showed that the wife had a monthly financial need of just over $5,600 per month. Based on the wife’s work history, the trial judge imputed income to the wife in an amount just under $2,100 per month. Using these numbers, the court arrived at the $3,800 monthly obligation amount.

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infidelitySometimes, divorces cases can be amicable or straightforward…or even both. Other times, though, they are the furthest thing from amicable or straightforward. Parties may seek to use whatever they have at their disposal that they think will give them leverage in getting the outcome they want. Sometimes, they engage in improper tactics. When that happens, there may be recourse for the spouse who was harmed by the other spouse’s improper conduct. As with almost any legal issue, however, the law only gives you a limited time to act. That’s why, if you think you’ve been a victim of coercion or duress in your divorce settlement, or that your spouse has otherwise acted improperly, you should talk to an experienced Florida divorce attorney right away.

One recent case from North Florida involved an apparently salacious example of potential coercion or duress. The underlying action was a complicated divorce litigation case involving a Jacksonville-area attorney and his wife. At some point while the divorce case was going forward, the husband encountered a serious problem. He had a mistress, and his wife had pictures of her husband and the other woman. The appeals court’s opinion stated that the wife “allegedly obtained” pictures of the husband and mistress that were “of a private nature.” The appeals court’s opinion did not elaborate further on the exact “private nature” of the images or precisely how the wife came to be in possession of those photos.

Regardless, the wife allegedly used the photos as leverage, threatening the husband with their public release if he did not agree to settle the couple’s divorce case on terms she preferred. In his court papers, the husband asserted that the divorce mediator told the husband that, if he did not give the wife “what she wanted,” he’d end up owing alimony, child support, and the wife’s attorneys’ fees, in addition to receiving no timesharing with the couple’s children. The husband capitulated to the wife’s demands.

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cashLife is full of twists, turns, and surprises. Sometimes, your family law issues can turn out to be the same way. Even though you may think that you have a firm grasp on everything that your case will entail, there can be unexpected events. It could be learning some previously undiscovered fact, or it could be something related to the law or procedural rules affecting your case. These are all reasons to have an experienced Florida alimony lawyer on your side. With a skilled attorney handling your case, you can respond appropriately, even when unusual or unplanned things happen.

A man named David found himself in such a scenario when going through the court system in South Florida. He and his wife, Liudmyla, were going through a divorce in Broward County. As part of that case, the wife asked for alimony. The judge denied the request entirely when he entered the final judgment of divorce. Some time later, the wife made a motion for disqualification, which meant that she was asking the judge to remove himself from the case. The judge granted that request, and David and Liudmyla’s case was reassigned to a different trial court judge in Broward County.

Two months later, the wife made a new request, this one with the new judge, asking for an award of temporary alimony pending appeal. In many situations, the correct way for a judge in Florida to decide a spouse’s entitlement to alimony is to weigh the requesting spouse’s need against the would-be supporting spouse’s ability to pay. The second judge reviewed the facts on the record in the case and, after weighing David’s ability to pay versus Liudmyla’s need, awarded temporary alimony to the wife.

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retirementIn law, as with a lot of things in life, it pays to be well-versed in the details, be they small or great. For example, if you are preparing to retire, and your transition into retirement means a significant reduction of your income, do you know which rights this change provides when it comes to your alimony obligation? This and other questions are areas in which it pays to have representation from an experienced Florida alimony attorney.

One man facing that type of alimony scenario was Anthony, a firefighter. Anthony had filed for divorce in 2013 after 22 years of marriage. Anthony and his wife, Amy, worked out a marital settlement agreement. The agreement called for the husband to pay the wife $1,250 per month in durational alimony. The agreement said that it became enforceable when both spouses signed it, which happened in mid-September 2014. The trial judge, however, did not sign the final judgment in the divorce case until December 30.

These dates all mattered because of the change that occurred in the husband’s employment. In early December 2014, his pension board approved his retirement, effective Jan. 23, 2015. Three months into his retirement, the husband went back to court to seek a reduction in his alimony obligation. In support of his request, he pointed to his significantly reduced income in retirement.

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insuranceWhen a court makes a determination that an award of alimony is appropriate in a divorce case, one of the things with which the court may concern itself is taking steps to ensure the obligation is met. To do that, the law allows courts to demand that supporting spouses purchase life insurance to secure the award. Florida law also, however, dictates some clear hurdles that must be cleared in order for such an order to be allowed. Two cases from this year show this aspect of alimony cases in action. A knowledgeable Florida alimony attorney can help you in an alimony case that involves the mandatory purchase of life insurance.

The more recent of the two cases was a Fifth District Court of Appeal opinion that reversed an alimony award in favor of a husband. As part of this ruling in a divorce case that originated in Seminole County, the appeals court overturned the trial judge’s order that required the wife to maintain a $500,000 life insurance policy as security for the alimony obligation that she owed.

Florida law permits courts to order supporting spouses to purchase and maintain life insurance as security for alimony obligations. However, the law also places some clear boundaries regarding when such an obligation can be demanded. In order for a supporting spouse to be legally obliged to maintain life insurance for this reason, the trial court must first make several specific factual findings. The court must make determinations about insurability, about the cost of the policy, and about the ability of the supporting spouse to afford the insurance, as well as the impact on the supporting spouse of ordering such an insurance policy purchase requirement.

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Treasury checkWhen you make a claim for alimony, there are multiple hurdles you’ll need to clear. You’ll need to prove that you have a financial need. You’ll need to prove that your ex-spouse has the ability to pay. You may also have to overcome arguments from your ex-spouse that seek to impute income to you. All of these are areas in which the knowledge and skill of an experienced Florida alimony attorney can provide a major benefit.

The key issue in the divorce case of Carlos and Anemey was alimony. In making the necessary findings regarding the husband’s ability to pay and the wife’s need, the court must make income determinations for each spouse. Additionally, the court may impute income to either spouse if the judge concludes that that spouse is voluntarily unemployed or underemployed. In this case, it was the imputation of income that sent the case all the way to the Fourth District Court of Appeal.

Anemey was a stay-at-home parent during most of the couple’s marriage. By the time the couple began going through the divorce process, Anemey was a 62-year-old with a GED and minimal work experience. She last worked for a cosmetics company in California, making $12 per hour. She testified that she intended to work full-time, but she had received no replies to any of the job applications she submitted. Nevertheless, the court concluded that she should be capable of landing a 40-hour-per-week job that paid $10 per hour, so it imputed income to her in the amount of $400 per week.

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stack of cashIn your alimony or child support case, there can be many components that go into calculating the appropriate amount of support owed. Part of making that calculation is ensuring that only a supporting spouse (or parent)’s regular and continuous income is factored into the determination. Whether or not you are the supporting spouse or parent, getting this determination of income correct can be integral to your case and is one of many ways an experienced Fort Lauderdale divorce attorney can help. For one husband and father, his counsel persuaded the Second District Court of Appeal that a lower court erred by using an older year’s bonus income instead of his most recent bonus in calculating his alimony and child support payments.

In the recent divorce case of Matthew and Jilla, originating in southwest Florida, one main item with which the courts wrangled was the calculation of the husband’s income for determining his support obligations. The man made a little more than $100,000 per year ($8,476 per month) in salary. He also, though, got an annual bonus. The trial court, in making its calculations in this case, used the husband’s 2013 bonus ($133,332) to arrive at an income figure of $19,583 per month. This $19,583 sum was the figure the court used to determine both alimony and child support.

The husband appealed, and he won. The problem was that the methodology for calculating his income was legally flawed. Section 61.30 of the Florida Statutes requires the inclusion of bonuses in calculating a supporting spouse or parent’s obligations. The courts have made it clear that, in order to count in this calculation, bonus income must be regular and continuous. Thus, using an example from a Second DCA case from March, when a man received a $30,000 bonus each year for 12 years, the trial court in that matter properly added $2,500 to the man’s monthly income because that bonus income was regular and continuous.

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moneyWhen you, as a spouse who owes an obligation of alimony, experience a substantial chance in your income, the law may provide you with certain avenues to obtaining a reduction in, or the elimination of, your alimony payments. In many situations, that change may even apply retroactively to some date in the past. A knowledgeable Fort Lauderdale alimony attorney can help you navigate the path to seeking a modification and a retroactive application of that modification. In one recent case, the First District Court of Appeal concluded that the elimination of a husband’s alimony obligation should have applied back to the date that his ex-wife began receiving payments from his military pension, since that was the date when she ceased having a need for alimony.

Holli and Michael were a couple from Santa Rosa County who had divorced. The couple had children, but their children were all legal adults. The one issue that proved to be a source of extensive litigation was alimony. The trial court issued one order modifying alimony, and the husband appealed. The appeals court reversed and sent the case back to the trial court.

At that time, the only basis for the award of alimony to the ex-wife that the appeals court could identify was the wife’s continued financial support of the couple’s children in college. This was a problem in Holli’s case because one parent’s support of a couple’s adult children is, in Florida, not a valid basis for determining that a spouse has a need for alimony. If a parent has a court-ordered obligation to support a child (or children) in college, that potentially can be the basis for a determination of need. In Holli’s situation, though, there was no judgment to that effect, meaning that she had no legal obligation to support the children, and her support could not be the basis for a determination of her need for alimony.

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signatureThe law gives parties wide latitude in how they structure the terms of their contractual agreements. The same is generally true when it comes to spouses and the terms of their prenuptial agreements. For example, one Florida couple entered into a prenuptial agreement that waived all rights to future alimony claims but permitted the wife to receive a “salary” for two years after a divorce. According to a recent Fourth District Court of Appeal ruling, that agreement was valid and meant that the courts could not order an award of alimony and couldn’t use contempt powers if the husband didn’t pay the salary.

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calendarA well-worn catch-phrase opines that “timing is everything.” In the law, timing isn’t necessarily everything, but sometimes it can be the only thing that matters. Failing to follow precisely the rules of procedure and the time limits they impose upon you can have dire consequences. A South Florida case involving a couple of Ecuadorean citizens, who lived most of their married life in that country, provides a prime example of this concept.

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