Articles Posted in Divorce

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Florida lawmakers are currently considering a bill which would end permanent alimony awards following divorce. If passed by the Florida Legislature, House Bill 549 would base an award of alimony on the length of the divorcing parties’ marriage. For example, a marriage which lasted for 12 years would be eligible for a maximum alimony award of 12 years. The bill would also cap awards based on the payer’s income and allow payments to cease upon the payer’s retirement.

Earlier this month, the state legislature heard testimony in favor of House Bill 549 from members of the Florida Alimony Reform Group. A member of the group, Hector Torres, has also urged legislators to allow previous awards of permanent alimony to be revisited by courts. According to Torres, the state’s laws are behind the times and it is unfair he must pay alimony until his death after a marriage which lasted only 14 years.

Although the bulk of divorces across the nation involve some sort of alimony award, the money is generally provided to assist a spouse as he or she works to become self-supporting. Today, several states are changing their alimony laws in response to the fact that more spouses work outside of the home. This fall, Massachusetts placed new limits on the length of time alimony may be awarded by courts and ended alimony payments when the payer reaches retirement or the payee begins residing with another partner. Florida recently amended state alimony laws to provide awards solely after marriages of long term duration. Permanent awards now also require a court determination stating no other alimony option is fair or reasonable given the parties’ situation. New Jersey is currently considering legislation to limit alimony awards as well.

In Florida, two requirements must exist before a court will award alimony. They include a need on the part of the payee and an ability to pay on the part of the alimony payor. The first requirement takes into account the distribution of marital assets combined with the parties’ standard of living prior to the end of the marriage. If the potential payee can maintain the same standard of living after all assets are distributed, a court likely will not award alimony.
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A 30-year-old Opa-locka mother of three was arrested last weekend for allegedly attempting to sell her infant son for $7,000. She was charged with a felony adoption violation after she reportedly called an acquaintance and offered to sell him her 8-month-old son. The man, a confidential police informant, immediately alerted Monroe County authorities and assisted police by recording conversations with the woman regarding the planned sale. After she reportedly failed to meet the man and an undercover officer from the Florida Department of Law Enforcement, she was taken into custody at her apartment. An outraged Miami-Dade Circuit Court judge ordered her bail set at $25,000.

The woman allegedly chose to sell her child due to financial strain. She had reportedly sought assistance from the Florida Department of Children and Families and the Miami-Dade Homeless Trust. According to her neighbors, she was also struggling to pay the monthly rent on a one bedroom apartment. The woman told the judge presiding over her bond hearing she only received $650 per month in child support from her estranged husband.

A Miami-Dade juvenile court judge, María Sampedro-Iglesia, placed temporary custody of all three of the woman’s children with her estranged husband. According to her husband, the infant the woman allegedly attempted to sell is not his child. Because he is currently unemployed, the judge also ordered him to seek food stamp assistance.

Another man attended the temporary custody hearing and stated he may be the father of the infant allegedly put up for sale. He stated he would seek custody of the child if a paternity test revealed he is in fact the boy’s father. According to Sampedro-Iglesia, the law views the woman’s husband as the child’s father and the other man currently has no paternal rights.

In Florida, parents are obligated to provide support for their children. A child support award is determined using established statutory guidelines. The award will take into account costs related to medical and dental care, day care, and the amount of time each parent is awarded according to their time sharing plan. If a child suffers from any disabilities, it may also factor into an award of support. If a parent is voluntarily unemployed or under-employed, a court may award child support based on imputed income. Imputed income is determined using a parent’s job qualifications, past employment record, and community pay rates.
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Details of professional wrestling personality Hulk Hogan’s confidential divorce settlement came to light this week after a recent court filing. After more than 25 years of marriage, Hogan’s ex-wife, Linda Bollea, reportedly received approximately 70 percent of the couple’s liquid assets, $3 million in property, 40 percent of various company revenues and several luxury vehicles. Luckily for Hogan, he was not ordered to pay alimony despite the long term nature of the Florida couple’s marriage. Child support was not at issue as the couple’s two children were adults at the time of the couple’s split.

The divorce settlement was reportedly disclosed when Hogan filed a copy of the agreement as part of an ongoing legal dispute between the former couple. Hogan is currently challenging a court order to pay his ex-wife a percentage of gross company revenues. According to Hogan’s attorneys, the divorce settlement stipulated his ex-wife receive a percentage of net company revenues and requires that all disputes must be addressed through arbitration.

Hogan’s divorce was no doubt costly. He likely would have benefited immensely from a negotiated prenuptial agreement, which the couple reportedly did not have. In Florida, a prenuptial agreement is a written contract signed by both potential spouses prior to marriage which outlines how assets will be divided in the event of divorce or death. The semiretired wrestler’s highly public and acrimonious split from his wife reportedly dragged out in the courts for almost two years. If the parties had entered into a prenuptial agreement, negotiations over assets and spousal support obligations likely would have been decided well in advance of any split. Unfortunately, many people who enter into marriage with few assets do not consider signing a prenuptial agreement and later regret it.

Even where no prenuptial agreement exists, most family law issues can be resolved outside of a courtroom through negotiated settlements. Postnuptial agreements can be a useful tool for couples in Florida. Postnuptial agreements are written contracts, such as marital settlement agreements, entered into by married couples who are contemplating separation or divorce. A postnuptial agreement will generally address the disposition of assets and spousal support obligations. Such agreements may also include provisions regarding child support and custody but they are always subject to modification by a court.
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A bill filed before the Florida Legislature on November 2nd would prohibit judges presiding over a divorce from considering adultery when awarding alimony, place limits on the total amount and length of time alimony may be awarded, and allow divorce agreements in which alimony was awarded to be reopened and renegotiated. House Bill 549 would also terminate all alimony payments once the spouse ordered to pay reaches the age of retirement.

House Bill 549 was filed by Brevard County legislator Ritch Workman. Representative Workman reportedly filed the bill only eight days after his own divorce was finalized in Florida. Although alimony was reportedly not awarded in Workman’s divorce, the Melbourne legislator has stated he believes current Florida alimony laws are inequitable.

Alimony is a tool used by Florida courts to maintain each party’s standard of living after a divorce. Alimony is not awarded in all circumstances, however, as an award of alimony is contingent upon the financial needs of one spouse and the others ability to pay. Additionally, the length of the marriage also plays a factor in an alimony award.

House Bill 549 is part of a growing trend to reform alimony laws both in Florida and across the nation. Workman’s bill was modeled after similar legislation passed recently in Massachusetts. If the bill passes in Florida, its effects would be far-reaching. Even routine divorce settlements could be reopened and reexamined. Since filing House Bill 549, Representative Workman has stated specific portions, such as a cap on awards, should be removed.

The bill closely follows on the heels of recent amendments to the permanent alimony provisions of Florida Statute 61.08 which took effect on July 1, 2011. Permanent alimony is normally awarded to a spouse who is no longer capable of meeting basic financial needs after a long term marriage of more than 17 years. Permanent alimony may also be awarded at the discretion of a judge after a moderate or short-term marriage is dissolved. Since July 1st, Florida courts must now determine no other alimony award is “fair and reasonable under the circumstances,” when permanent alimony is awarded. For moderate-term marriages of 7-17 years, clear and convincing evidence permanent alimony is the appropriate award is now required.
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A man was arrested in September for allegedly defrauding a wide variety of St. Augustine, Florida merchants after he reportedly failed to pay for more than $17,000 worth of flowers, catering, professional photography and a host of other expenses related to his July 2010 wedding. In addition to being accused of making fraudulent purchases at several St. Augustine businesses using his mother’s credit card, he also faces charges for failing to pay his child support and jumping bail.

The man’s bride has stated she knew something wasn’t quite right when she walked down the aisle, but she ignored all of the warning signs and married the “nice guy” she loved anyway. She quickly realized her prince charming wasn’t quite what he claimed to be. Less than one year after taking her wedding vows, the 37-year-old kindergarten teacher reportedly made the decision to move out of the couple’s home and start her life over.

When the pair met, the groom was a divorced father who claimed to flip houses for a living and appeared from the outside to be financially secure. They reportedly went on vacation trips and he hosted a lavish engagement party for their friends and family. At the time, no obvious signs of financial distress were apparent.

According to the bride, the man’s father implored her to watch his spending on the couple’s wedding day two years after they met. One month after they married, the man allegedly took his wife’s engagement ring to have it altered and never returned it. Then her laptop reportedly disappeared. Three months after the couple was married, the man was arrested for allegedly writing bad checks in order to pay for that expensive engagement party. When he was arrested again the following June, his wife made the decision to leave her marriage.

She later learned that the man kept her from speaking to his ex-wife throughout their relationship because he was wanted for failure to pay child support. A mere 14 months after her marriage, the woman is not only rebuilding her life, but also her ruined credit.
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If you are interested in buying a divorce cake, a local bakery in Cooper City, Florida can provide you with your custom cake. A Fort Lauderdale divorce attorney has learned that couples who divorce in Broward are throwing parties to celebrate that their marriage is over. These parties help transition a party from married life to single life. One divorce party planner strictly provides services to divorcees. The company allows a divorcee to choose from different themes depending upon their own preferences.

Divorce party planners believe that divorce parties justify the traumatic experience that people go through following a trial in Fort Lauderdale that deals with alimony, child support, child custody and other marital and family law matters. The party fulfills a void in a person’s life during a crisis such as a divorce.

For some individuals, celebrating their divorce fulfills the need for companionship. During and after a divorce, people are on their own. They tend to feel anxious and depressed. While some people spend as much as they spent on their wedding, a divorce party can also be viewed as an unfortunate way to celebrate a family that has been split up.

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A legislator in Florida, Representative Ritch Workman, is attempting to repeal a state law which makes it illegal to cohabit with a party who is not a spouse. Specifically, “if any man or woman, not being married to each other, lewdly and lasciviously associate and cohabit together..they shall be guilty of a misdemeanor of the second degree”. This crime is currently punishable by 60 days in jail and a $500 fine.

Approximately 544,907 Floridians live in a relationship in violation of Florida law. This law is now viewed as both unenforceable and unrealistic. One advocate believes that there is a role for government to promote marriage instead of cohabitation. The rationale is that greater marriage rates have a lower likelihood of crime, less domestic violence and better educational results for children.

Individuals believe that there are governmental limitations in promoting marriage. Arresting individuals who live together is not realistic or fair. Many Floridians do not want to marry due to a prior Broward divorce which they experienced or lived through with their own parents.

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In 1981, John Ferenc bought a home in Florida with his wife. Several years later, he began to serve a prison sentence for burglary, grand theft and some other crimes. While in prison for 26 years, his wife paid off the entire mortgage.

In 2009, Ferenc was released from prison after 26 years. Shortly after, he filed for divorce. His wife, Loretta Jean, is 72 years of age. She is disabled, uses a walker and is not very mobile. She is not prepared to move and does not want to move largely in part of the depressed real estate market.

A order issued by a Florida marital and family law divorce judge requires the wife to vacate her home, a place where she has lived in for 30 years. Effective September 1, 2011, the husband will receive temporary and exclusive use and occupancy of the marital residence.

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Recently, I posted a blog titled “Stay-At-Home Dads Are More Likely To Divorce In Miami.” However, Al Watts, President of Daddyshome, Inc., the national At-Home Dad Network and home to the 16th Annual At-Home Dads Convention in Washington DC on October 8, 201, does not believe it is accurate that stay-at-home dads are more likely to divorce.

Time’s Healthland was the first to report that “stay-at-home dads are more likely to divorce.” There report was based on a study led by Dr. Liana Sayer of Ohio State University. Published in the American Journal of Sociology, the study found that married men who are unemployed are more likely to divorce than men who are working.

After reading the summary of the study, Watts found it strange that the study did not mention stay-at-home dads or even whether any of the men were fathers. He decided to contact Dr. Sayer.

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A Broward divorce lawyer and his client received promising news last week which may help him regain custody of his child. Christopher Dahm was advised by the United States Department of State that his former wife, Leslie Delbecq, was detained at the Abu Dhabi airport when she attempted to depart the United Arab Emirates.

Dahm has been engaged in a global search for his two year old child for approximately one year. The United States Federal government has indicted his former wife with the crime of parental kidnapping, a violation of the laws of the United States of America.

The court in Abu Dhabi has requested information and documentation about the federal charges which are pending against Ms. Debeq who, along with her mother and father, were recently indicted by a federal grand jury.