July 2012 Archives

July 14, 2012

Alimony in Florida

The Florida legislation is attempting to bring uniformity to the subject of alimony in Florida.

New legislation now objectively defines a marriage as short term, long term, and moderate term. If a marriage is 7 years or less, it is short term. If the marriage is 17 years or more, it is long term. Anywhere in between, it is a marriage of moderate length.

The length of the marriage is important, since the type of alimony available depends upon the length of the marriage.

Florida Statute 61.08 is the alimony statute in Florida. There are four main types of alimony in Florida, as follows:

Bridge-the- gap alimony

Rehabilitative alimony

Durational alimony

Permanent alimony

Bridge-the-gap alimony may not exceed a term of 2 years, and is not subject to modification as to the length or the amount of the award.

Rehabilitative alimony may be awarded to a party to assist them in obtaining the capacity for self support.

Durational alimony is generally awarded when permanent alimony is inappropriate. Durational alimony can be awarded for a maximum number of years equal to the length of the marriage.

Permanent alimony is generally reserved for those cases in excess of 17 years in length, and is awarded to an individual who lacks the ability to meet his or her needs and necessities of life.

These are all generalizations, and each case must be considered on a case by case basis. I have over 30 years of experience involving cases dealing with alimony,of all kinds, and can offer you the appropriate guidance to resolve your case quickly and efficiently.

July 14, 2012

Relocation of minor children

Relocating with minor children involves the consideration of many factors by the court.

Although there are many factors involved in this process for the court to consider, the primary factors often become the extent of the involvement of the non relocating parent, the payment history of any child support obligation, and of course, the reason for wanting to relocate.

If relocation is premised upon a good employment opportunity, the chances for a successful petition are increased.

Relocation comes into play when a parent wishes to move more than 50 miles from their current residence.

These types of cases can be difficult, and there is usually very little room to negotiate a settlement, as they are often "all or nothing" types of cases.

The court will require a well organized, thought out presentation, of all of the statutory factors for relocation, as set forth under Florida Statute 61.13001.

The Florida relocation statute also offers a rare opportunity for those who avail themselves of the section of the law, not frequently encountered under the law. That is the opportunity to get a quick, expedited hearing, usually within 30 days from the date a request is made.

Consult with an attorney like myself, who has substantial experience in these matters. You usually have one opportunity to put your best foot forward, so you want to reduce your risks of making any mistakes.

July 14, 2012

Remedies for non payment of child support

The payment and collection of child support in the state of Florida often times can become a frustrating process. On the surface, the receipt of child support payments should be a straightforward matter.

The most effective remedy for the collection of child support is to invoke the contempt powers of the court. What exactly do we mean by invoking this process in the court system?

Initially there must be a court order which directs the obligor to pay a certain amount of child support, usually on a monthly basis. If the support payments become delinquent, the recipient has the right to bring the obligor (payor) before the judge, and to seek incarceration.

Having someone put in jail for non payment of support is not the easiest thing to do. First, the recipient of the child support, or alimony, must first prove to the court that the payor had the present ability to pay the court ordered support, and that the payor willfully refused to pay his child support or alimony.

Once this step is proven, you then need to demonstrate to the court that the person responsible for the payment of child support or alimony has the ability to either pay the full amount of the delinquency or a portion thereof. Once that amount has been established, it becomes the "purge" payment, and the payor can be sent off to jail until he pays the purge amount.

More often than not, the judge will usually give the payor a few days or up to a week to pay the purge amount, and if it isn't paid within the required time, then jail would be appropriate.

The payor would remain in jail until such time as the purge is paid.

A simple straightforward analysis of this process is found in the case of Ramirez v. Ramirez, 4D11-3818 (April 4, 2012).