Florida family law attorney

March 8, 2017

What is a Marriage of Moderate Duration?

Fla Stat. §61.08(4) provides statutory guidelines for Florida courts to consider when evaluating importance of the duration of a marriage as a factor for alimony consideration. In order to categorize the duration of marriages, courts look from the date the marriage began until the date one of the spouses filed for dissolution of marriage. According to the statute, short term marriages are marriages under seven (7) years, and long term marriages are all marriages that last longer than seventeen (17) years. However, there is a “gray area” in the 10-year gap between these years. The marriages falling between the seven (7) to seventeen (17) year marriage lengths are known as marriages of “moderate duration.”

Categorizing the duration of a marriage is important. The court looks to a multitude of factors, found in Fla. Stat. §61.08 (2)(a-j), when considering the amount and the duration of an alimony award. A marriage categorized as a marriage of moderate duration is particularly important when considering an award of permanent alimony.

If a marriage is a long term marriage, as defined in the statutes, the marriage has with it a presumption in favor of a permanent alimony award. If after the court considers all other alimony factors and finds that no other alimony type would be proper, permanent alimony can be awarded. Whereas, a short term marriage would absolutely not have that same presumption. For a permanent alimony award in a short term marriage the court would have to find that exceptional circumstances exist to support such an award. Whereas, a moderate term marriage is open to a permanent alimony award also, but a higher standard of proof is necessary when awarding permanent alimony in cases of moderate duration marriages. Clear and convincing evidence as to the alimony factors must be presented to the court to prove that the receiving spouse is entitled to alimony.

December 19, 2016

Modifying Child Support- What is a substantial change in circumstances?

By Wood, Atter & Wolf, P.A.

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Parents often express a desire to modify or suspend their child support obligation. The reason for the desire often varies, I’ve heard things such as, the other parent doesn’t mind not receiving support, the child support amount is financially taxing, the child doesn’t need that much money, or that there has been a change in the financial ability to support the child. While the desire to change the child support obligation may be for any of the listed reasons or for another reason entirely, one must understand that a Florida court will grant a modification of child support in the instance that there is a substantial change in circumstances upon which a modification would be granted. It is important to realize that while many of the reasons listed above may seem like valid reasons to modify the child support obligation, most of them would be invalid reasons alone to justify a modification. The most legally sufficient example for a modification, of the examples provided, would be that there has been a change in either party’s financial ability to support the child.

Fla. Statute 61. 30 (1) (b) provides a bit of insight into what constitutes a substantial change in circumstances to warrant a modification of child support. The statute explains that “… a substantial change in circumstances upon which a modification of an existing order may be granted. However, the difference between the existing monthly obligation and the amount provided for under the guidelines shall be at least 15 percent or $50.00, whichever amount is greater, before the court may find the guidelines provide a substantial change in circumstances.” A substantial change in circumstances warranting a modification comes in various forms. However, it is essential to recalculate the child support amount based on the changed circumstances and determine if the case has validity for a modification at the outset of the case. A change in either party’s income, a change in timesharing, changes with healthcare, and retirement are all on their face changes in circumstances, but the changes must cause a shift to the child support obligation beyond 15% of the current child support award or $50.00, whichever is greater. When parties earning a higher combined monthly gross income the child support guidelines, typically, do not adjust downward or upward as easily as they do when parties have a lower combined monthly gross income. For example, for a family with a combined parental income of $20,000 if one party began receiving an additional $4,000 a month, based on a variety of other factors daycare costs, health insurance, timesharing, etc., that increase in income may not constitute a “substantial change in circumstances” to a degree of 15% of the current child support obligation. Whereas, a family with an original combined income of $6,000 a party who receives an additional $1,000 a month, is a more likely circumstance to cause the child support guidelines to shift to the degree of $50.00 or 15%, whichever is greater. The reason circumstances like this occur, is because the needs of a child, under the Child Support Guidelines, eventually reaches a cap. The cap is based on the statutory standard needs of a child. While the Child Support Guidelines offer a wonderful resource for setting minimums for child support amounts, these amounts can be deviated from based on the circumstances and following a motion by one of the parties.

If you are contemplating requesting a modification of your current Child Support award or obligation contact Wood, Atter & Wolf, P.A. to help you determine if your case would support an upward or downward modification of child support.

November 4, 2016

What Happens When You and Your Spouse are Unable to Agree on Dividing Assets in a Divorce?

By Wood, Atter & Wolf, P.A.

Handshake During a divorce parties must divide the assets and the liabilities accumulated during the course of their marriage. One of the first things they tend to divide is the personal property items. Parties typically divide this property based out of simple want and desire. But, often times they hit a roadblock, as there is inevitably an item that neither of them wants to give up. How are parties to resolve these conflicts when they reach this barrier? Parties who are agreeable with one another tend to approach these issues by engaging in a give and take type of negotiation. However, in the midst of the emotional split one party tends to concede on the item, due to simply wanting to resolve this issue and move forward. While an amicable split and division of personal property is ideal, this is typically not the normal set of circumstances. Thus, it is essential for parties entering into divorce to understand what the court will consider when they move forward with dividing your assets and liabilities in litigation.

If warring couples are not able to amicably spit their personal and real property they will find themselves at the mercy of the court that will take into consideration the following factors related to the items: the classification of the item as a martial or non-marital asset, the value of the item, items already distributed as a part of equitable distribution, if the liabilities that have been distributed, the contributions to the marriage by each spouse, the economic circumstances of the parties, the length of the marriage, any sacrifices that lead to the interruption of the career or educational pursuits of a spouse, the desirability of one spouse in maintaining the property, the contribution of each spouse to acquiring, enhancing or producing income of the assets, any intentional depletion of the asset, and any other factors that the court would think must be considered to do equitable justice to the parties. The statute governing the distribution of property is found in Florida Statutes 61.075.

Jacksonville Divorce Lawyers