Tag: Orlando Alimony Attorney

Parental Alienation Florida Divorce

Name: Jacobs Law Firm, PLLC
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Posted by Law Firm Admin on October 19, 2023

Parental Alienation Florida

Parental alienation in a Florida divorce can have a detrimental impact on your ability to coparent, and even worse, a harsh and lasting impact on your children. How to prove parental alienation in Florida is by documenting instances of alienation and possibly through minor child testimony if permissible and appropriate. For instance, one parent may accuse the other parent of being a cheater and tell the kids the other parent has wrecked their family through selfish behavior. Even if this may ultimately be proven, it is the preference of the family court that parents avoid belittling one another in front of/to the kids. It is not healthy for children to be in the proverbial crossfire of parents getting a divorce and playing a sort of blame game. Children are not pawns or messengers for your divorce. As you might expect, in a contested divorce case, accusations fly, emotions run high, and that means parents need to be mindful that at the heart of it all is a child caught in the middle. Lean about parental alienation Florida. Call Jacobs Law Firm today at 407-335-8113 to speak with an Orlando divorce attorney and Clermont family lawyer.

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Parental alienation does not help parents. It hurts kids. Before you run down your kids’ other parent, consider how your children will hear your words and how it will impact them. #coparenting #coparentinggoals #coparentingwithanarcissist #clermontdivorce #clermontfl #orlandofamilylaw
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Parental alienation Florida is intended to cause the kids to reject one parent and develop a sense of loyalty to the other. How to prove parental alienation in Florida? This poor behavior can manifest in various ways, from negative talking about the other parent, limiting contact with the other parent, creating fear of being alone with the other, or even falsely accusing the other parent of abuse. It is difficult to disentangle kids psychologically and emotionally from this sort of abuse. The Florida family courts prefer the kids have continuous and meaningful contact with both parents. Parental alienation in a Florida divorce achieves the exact opposite of what courts prefer.

As you may be aware, Florida family courts prioritize the best interests of the minor child first and foremost. Parental alienation is taken seriously because it can have lasting psychological impacts on the child and may harm the parent-child relationship. If a the judge determines that one parent is guilty of causing parental alienation, it can potentially lead to a modification in time-sharing arrangements, or some other form of relief such as the appointment of a parenting coordinator (among other potential outcomes).

How to prove parental alienation in Florida? The general evidentiary standard in cases where parental alienation Florida is alleged is that the moving party must show by competent and substantial evidence that the other party has committed the acts as alleged. McKinnon v. Staats, 899 So. 2d 357, 361 (Fla. 1st DCA 2005). For point of reference, one instance of purported alienation occurred in the case of Schumaker v. Schumaker where the father was alleged to have “consistently made degrading and obscene comments about the Mother. The Mother had a previous child out of wedlock prior to this marriage and the Father has made sure the minor children of this marriage know the circumstances of their half-sister’s … out of wedlock birth and routinely refers to the Mother in derogatory terms. The Father has told the minor son … that he does not have to listen to his mother and made derogatory statements about … half sister.” 931 So. 2d 271, 274 (Fla. 5^th DCA 2006). Call Jacobs Law Firm today at 407-335-8113.

Motion for Summary Judgment Florida Divorce

Posted by Law Firm Admin on August 21, 2023

Florida Family Law Rule of Procedure 1.150 “Summary Judgment”, also known as Fla. Fam. Law. R. P. 12.510 is about drafting and filing a motion for summary judgment in a Florida divorce. Florida Family Law Rule of Procedure 1.150 Summary Judgment provides (in essence) that either party may ask the court to grant an end to your case. When a court grants summary judgment, it means the case will be decided based on the evidence available at that time (provided the facts are undisputed), meaning the case will essentially stop in its tracks. For example, if it is irrefutably proven that both parties earn the same income and that neither side has a need for alimony (they both have a surplus and no need for alimony) a party may wish to file a motion for summary judgment Florida divorce to seek the conclusion of the case without the need for trial. Call Jacobs Law Firm at 407-335-8113 to speak with an Orlando divorce attorney and Clermont divorce attorney to receive the help you need.

Did you know that Florida Family Law Rule of Procedure 1.150 Summary Judgment requires the movant (person asking for the court to grant SJ) to state in capital letters the following message:

A RESPONSE TO THE MOTION FOR JUDGMENT MUST BE MADE IN WRITING, FILED WITH THE COURT, AND SERVED ON THE OTHER PARTY NO LESS THAN TWENTY DAYS PRIOR TO THE HEARING DATE. YOUR RESPONSE MUST INCLUDE YOUR SUPPORTING FACTUAL POSITION. IF YOU FAIL TO RESPOND, THE COURT MAY ENTER ORDERS GRANTING THE SUMMARY JUDGMENT OR FINDING FACTS TO BE UNDISPUTED.

If this bold-lettered message is not properly provided, a judge can as a matter of law deny a motion for summary judgment in a Florida divorce or paternity case.

When can you ask for summary judgment? Subsection (b) of Fla. Fam. Law. R. P. 12.510 provides that you may ask the judge for summary judgment at any time after the expiration of 20 days from the start of the case or after service of a motion for summary judgment by the adverse party. Further, the person requesting this outcome must serve the motion at least 40 days before the time fixed for the hearing that will result from service of the motion itself.

Perhaps the best news for practitioners such as Attorney Jonathan Jacobs is that a motion for summary judgment Florida divorce allows him to make use of the records from the case. In the motion and at the subsequent hearing, you can cite to depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, and/or other materials and or other materials at the court’s discretion. The other side has to serve a response at least 20 days before the time fixed for the hearing. Call Jacobs Law Firm today at 407-335-8113.

Florida Alimony Reform 2023 and Retirement

Posted by Law Firm Admin on July 25, 2023

SB 1416, which is now Florida Statute 61.08 (Florida’s new alimony statute) signed into law by Governor DeSantis, is Florida’s alimony reform bill passed this year in 2023. This article is about Florida alimony reform 2023 and retirement. Alimony reform has modified the way family courts may consider alimony modification in Florida. Rather than leaving the alimony statute as nebulous and subject to an individual court’s interpretation and/or a hodgepodge of case law, SB 1416 has redefined how retirees paying alimony may be able to obtain relief. Jonathan Jacobs is a Florida alimony attorney with offices in Winter Park/Orlando and Clermont Florida. When you need to speak with an experienced alimony lawyer about how the new alimony reform Florida 2023 may impact you, call 407-335-8113 to schedule a thorough consultation. Have you heard of gray divorce? It can make an impact on alimony and retirement distribution.

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How Much Alimony Do I Have to Pay in Florida? #alimony #alimonyreform #floridaalimony #floridaalimonylaw #alimonyreformflorida #divorce #divorcedwomen #divorcecourt #floridadivorcelawyer #floridadivorce
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Pursuant to Florida’s new alimony statute and its subsections about Florida alimony reform 2023 and retirement, “In reasonable anticipation of retirement, but not more than 6 months before retirement, the obligor [person paying alimony to their former spouse] may file a petition for modification of his or her support, maintenance, or alimony obligation, which shall be effective upon his or her reasonable and voluntary retirement as determined by the court pursuant to the factors in subparagraph 2.” It is important to note that most family law statutes in Florida provide for a number of factors the court may or must consider when ruling on timesharing, alimony or child support. This is what we often refer to as a totality of the circumstances principle. Florida Statute 61.08, Florida’s new alimony statute further provides that: “The court shall give consideration to, and make written findings of fact regarding, the factors in subparagraph 2. and s. 61.08(3) when granting or denying the obligor’s petition for modification; when confirming, reducing, or terminating the obligor’s alimony obligation; and when granting or denying any request for modification, the date of filing of the obligor’s modification petition, or other date post-filing as equity requires, giving due regard and consideration to the changed circumstances or the financial ability of the parties.”

The factors include, but are not limited to the age and health of the payor (remember, this is the person that is ordered to pay spousal support), their industry (line of work), the typical age of retirement in their field (it could be 55, 65, 67 or even higher), the needs of the payee (are they destitute or otherwise financially self-sufficient), all of the assets both parties have accrued before, during and after the marriage, and whether Social Security or other retirement payments allow for their financial stability.

Florida’s new alimony statute, which is Florida’s alimony reform bill 2023 informs us that when it comes to Florida alimony reform 2023 and retirement, a payor may petition 6 months before retirement to try to plan for a reduction of alimony. This is a helpful and important guideline. Call Orlando alimony attorney Jonathan Jacobs for the help you need. Dial 407-335-8113 today.

Modify Divorce Decree Florida

Posted by Law Firm Admin on April 25, 2023

Your Florida divorce case is over…or is it? Does Florida alimony reform 2023 and Senate Bill 1416 allow you to modify alimony? If there is some part of your case you need to change, you can hire us to modify your divorce decree in Florida (generally this is done for your parenting plan) or modify your marital settlement agreement Florida (for the financial awards such as alimony). Modifying a final judgment in Florida comes with a higher burden when your case is being reopened. There are some additional procedural requirements about equitable distribution and child support you need to be aware of that if not followed could lead to your case being dismissed. When you modify a divorce decree, it is best to get it right the first time. In this article, we will discuss some of the common situations where former spouses or former partners seek to change some or all aspects of their parenting plan and/or marital settlement agreement. We also discuss how the unanticipated change in circumstances requirement has been removed. Call child support modification attorney Orlando, and child custody modification Attorney Orlando, Jonathan Jacobs at 407-335-8113.

You are reasonably certain you want to modify divorce decree Florida. Even if Florida alimony reform 2023 is not retroactive prior to cases decided before July 1, 2023, the District Courts of Appeal and Florida Supreme Court will be deciding cases in light of the new alimony reform bill and that could have cascading effects. This may include planning for your retirement. What happens next? The next step is to speak with Jacobs Law Firm. Let us ask about the facts and we can apply case law and statutory law (mixed with our experience) to help you determine if your supplemental petition for modification has a chance of success. It is all about getting past the motion (the motion to dismiss your supplemental petition). You can modify marital settlement agreement Florida by showing there have been what we call substantial change(s) in circumstances. Florida Statutory law formerly required that the Petitioner prove there has been a substantial, material, and unanticipated change in circumstances in order to modify the parties’ Final Judgment. Case law makes it clear this is an “extraordinary burden.” Now, with the passage of SB 1416, the unanticipated standard has been removed. This may well open the floodgates for litigation.

To modify a divorce decree in Florida it is important to show that circumstances have changed since your case ended (when the final judgment was issued by the Court). It could be that you are involuntarily (we all live in a shifting economy where AI and other market and computer generated forces are changing the way many companies do business) unemployed and that you cannot find the same or a substantially similar job. You may need to take a job to survive on a lesser salary. Should you be obligated to pay the same alimony or child support on a lower salary? At some point your own personal survival and standard of living must be considered. The question is will the court allow you to modify marital settlement agreement Florida by ruling your petition for modification of child support or petition for modification of alimony or timesharing will get past a motion to dismiss. Using experience, writing/drafting skills, and case and statutory law, Attorney Jacobs can help you with your case. Call 407-335-8113 today.

Modification of Alimony in Florida / Termination of Alimony in Florida

Posted by Law Firm Admin on May 16, 2022

When identifying whether you can terminate alimony in Florida or modify alimony in Florida, it is important to research not only case law to support your petition, but also the meaning of Florida Alimony Statute 61.14, “Enforcement and modification of support, maintenance, or alimony agreements or orders”. The new Florida alimony reform bill, Senate Bill SB 1416 also addresses issues such as retirement and the standard of proof for an award of alimony. Florida Alimony Statute 61.14 informs us that the modification of alimony in Florida or termination of alimony in Florida can be ruled on by the court when there has been a supportive relationship between the recipient/obligee and a person with whom he or she is co-habitating. The burden of proof in a petition for modification of alimony or petition for termination of alimony is on the obligor/payor (person ordered to pay alimony). Their evidentiary burden is to prove the existence of a supportive relationship by a “preponderance of the evidence”. Ultimately, the court has the discretion to probe any number of facts and issues to determine whether a supportive relationship exists between the recipient former spouse and their significant other. SB 1416 requires that the payor prove the existence of a supportive relationship as a threshold test, after which the burden shifts to the payee to prove the non-existence of the supportive relationship. Call Jacobs Law Firm to speak with an alimony attorney at 407-335-8113 to discuss your alimony modification today.

Petition for Modification of Alimony or Petition for Termination of Alimony

The court is required to make written findings in alimony modification cases. Based on your petition for modification of alimony or petition for termination of alimony, the court will consider the following (just some of the factors and they are paraphrased to plain language) in making its decision on modification of alimony in Florida or termination of alimony in Florida:

Have the recipient spouse and their romantic partner held themselves out to be a married couple by their behavior, or otherwise conducting themselves in a way that “evidences a permanent supportive relationship”?
How long the recipient spouse has lived with their significant other in a permanent residence.
The extent to which the recipient spouse and their partner have combined their finances and demonstrated shared expenses.
How much the couple has supported each other financially.
The degree to which the recipient spouse has performed valuable services for the romantic partner or the romantic partner’s company or employer.
Whether the romantic partner and recipient spouse when seeking a modification of alimony in Florida have enhanced the value of any shared assets.
Whether the romantic partner and the other person have jointly contributed to the purchase of any real or personal property.

Call Jacobs Law Firm at 407-335-8113 to discuss your modification of alimony in Florida or termination of alimony in Florida. Attorney Jacobs may be able to help provide you with substantial savings. Each case is unique and we can analyze the facts of your alimony case.

Legal Separation in Florida

Posted by Law Firm Admin on December 31, 2021

Is there such a thing as legal separation in Florida? Not Can I be engaged while still married in Florida? The answer to this age-old question is not a straightforward yes. There are legal ramifications, social stigmas, and morality concerns that may impact the answer and or advisability as to whether you may get engaged before your divorce is final. You may date while separated in Florida, and you may engage in romantic relationships. There is no such legal distinction as a legal separation in Florida, though there may be such legal precedents in other states. There could be legal, social and moral issues as a result of your decision to engage in romantic relationships while married though separated from your spouse. When you have questions to pressing family law/paternity and divorce law concerns, call Jacobs Law Firm at 407-335-8113. We enjoy speaking with clients about unique facts and helping make complex legal issues such as Florida legal separation understandable.

Florida Legal Separation

Legal separation in Florida is not a legally binding action in Florida. Rather, a Florida legal separation is more of a fact-based situation/state of affairs. In Florida, either spouse may file for divorce from their spouse. Filing for divorce may involve arguments over the date of separation and how that may impact the litigants financially or otherwise. Nevertheless, Florida does not recognize a legal separation and it does not allow for the bifurcation of proceedings automatically. Therefore, in Florida, the answer to our original question of can I be engaged while still married in Florida, is yes. Being engaged does not create a legally binding union in Florida. It does not allow the parties to file a divorce or separation action in the family circuit court as the court would likely not have jurisdiction over such an action. In some instances, spouses plan for a potential divorce by entering into a postnuptial agreement.

Can I be engaged while still married in Florida?

A Florida legal separation, while not an official legal distinction, is more of a factual situation. Legal separation in Florida is more about when the parties separated and what assets and liabilities they have accrued since the time/date they separated. The date of separation could impact child support arrearages, alimony calculations and arrearages, and whether marital assets have been dissipated or otherwise spent in a manner requiring the court to equitably distribute marital property in an unequal manner to establish fairness. Can I be engaged while still married in Florida? Yes you can, but consider how such an entanglement may impact your relationship with your children, your spouse, and how the financial aspects of your relationship may influence a court’s decisions about your finances. Call Jacobs Law Firm today at 407-335-8113.

Payment Plan Divorce Lawyer Orlando

Posted by Law Firm Admin on October 12, 2021

You are searching for a flat fee divorce attorney and/or a family lawyer that offers payment plans and installment payments. A payment plan divorce lawyer Orlando can help make your divorce affordable and cost effective. A divorce lawyer with payment plan options can do this by offering clients the opportunity to pay in installments without having to worry about affording a divorce all at once. One of the obstacles many people face is being able to afford paying an entire retainer fee in a lump sum. Instead of facing this sort of barrier to hiring the lawyer you feel most comfortable with, call Jacobs Law Firm to speak with an experienced and welcoming divorce attorney. Call 407-335-8113 to schedule a consultation with Attorney Jonathan Jacobs. Ask us about our payment plan options. Jacobs Law Firm practices collaborative divorce in Orlando, Florida. Find out if collaborative divorce is right for you as the cost may surprise you.

divorce lawyer with payment plan options

A payment plan divorce lawyer Orlando will often accept a reasonable down payment to begin working on your family case. The first payment is frequently the largest because it will include the filing and summons fees, and service of process fees. The next series of installment payments will likely be affordable and clients can budget for any anticipated expenses. Budgeting for unanticipated expenses and/or for those that are planned, is an important thing to do. A divorce lawyer with payment plan options for clients can be the difference between hiring an affordable family lawyer and being self-represented (pro se) in litigation that impacts your family.

Beyond the financial aspects of hiring Jacobs Law Firm as your payment plan divorce lawyer Orlando, there can be a great deal of confidence brought on by knowing a family law attorney will represent you in the months or even years that litigation may take in court. Many of the procedures the family court demands are regimented and structured. This means there are many crucial deadlines each party must meet and a great deal of procedure you may not be aware of. Knowing that a divorce lawyer with payment plan options may be available for your case can be a vital part of litigation.

Jacobs Law Firm’s primary practice areas include divorce and family law (paternity). Attorney Jacobs litigates cases at trial, mediation, during the discovery process, and from the very beginning. Whenever you may need help with your case and want the answers to your important questions, call a payment plan divorce lawyer Orlando, divorce lawyer with payment plan options, at 407-335-8113 to schedule a consultation with an experienced attorney ready to discuss your case.

Retroactive Alimony Florida

Posted by Law Firm Admin on April 17, 2021

Retroactive alimony in Florida requires the identical analysis as does an assessment of/for permanent alimony. This same analysis must be applied when retroactive alimony in Florida is pled in conjunction with any other form of alimony. A family law attorney’s argument at trial for retroactive alimony must be based on the recipient’s need and the payor’s ability to pay. Barrett v. Barrett, No. 5D20-946, 2021 WL 934990, at *3 (Fla. 5th DCA Mar. 12, 2021), see Motie v. Motie, 132 So. 3d 1210, 1214 (Fla. 5th DCA 2014). This makes sense because alimony is not intended to equalize two spouse’s incomes, nor is alimony intended to punish the paying spouse by impoverishing him or her. Rather, it is based on the payor’s ability to pay and the recipient’s need. Jonathan Jacobs is an Orlando alimony attorney practicing divorce and family law throughout Central Florida. Call us for a consultation to discuss your retroactive alimony Florida case. Speak with Attorney Jacobs by calling 407-335-8113 today to reach the Jacobs Law Firm.

In unity with section Florida Statute 61.08(1), a family law trial court is obligated to support its Retroactive alimony Florida determination by making specific factual findings concerning the spouse that must pay alimony and his/her ability to pay and the need of the spouse that may receive an alimony payment. The trial court must adhere to the factors listed in section 61.08(2)(a)-(j). Austin v. Austin, 12 So.3d 314, 317 (Fla. 2d DCA 2009) (citing Williams v. Williams, 923 So.2d 606, 607 (Fla. 2d DCA 2006)). Valentine v. Van Sickle, 42 So. 3d 267, 272 (Fla. 2d DCA 2010).

Retroactive Alimony in Florida and Florida Alimony Statute

Pursuant to the Florida Alimony Statute regarding Retroactive alimony Florida, the factors a court must consider and express written findings thereof are in part and paraphrased as follows:

(a) The standard of living established during the marriage (middle class? Luxurious? Frugal? Living within one’s means?).

(b) The duration of the marriage (a short term marriage lasts for fewer than seven years, a moderate term marriage for approximately 7-17 years and a long term marriage for 17 or more years).

(c) The age and the physical and emotional condition of each party (many dissolution of marriage cases involve one spouse that is disabled).

(d) The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each (this may in certain circumstances include inheritances and premarital property).

(e) The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment (this goes to bridge the gap and rehabilitative alimony alongside retroactive alimony Florida).

(f) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party (being a full time parent is a rewarding and wonderful sacrifice and is taken into account when a court considers retroactive alimony Florida).

(g) The responsibilities each party will have with regard to any minor children they have in common.

(i) All sources of income available to either party, including income available to either party through investments of any asset held by that party.

Jonathan Jacobs is managing partner of the Jacobs Law Firm, a divorce and family law firm with offices in Winter Park and Clermont, Florida.

How to Enforce a Child Custody Agreement in Florida

Posted by Law Firm Admin on June 21, 2020

If you need legal help from a divorce and family law/paternity attorney to answer how to enforce a child custody agreement in Florida, call the Jacobs Law Firm for help and guidance when you need it the most. Dial 407-335-8113 today. Your attorney may file a Motion for Enforcement (titled a Motion to Enforce Parenting Plan Florida or a Motion for Civil Enforcement/Contempt Florida Supreme Court Approved Family Law Form 12.960). This Motion does not need to include a count for contempt, though many argue it should. Consider several common situations among parents and decide how you may choose to respond. Placing yourself in the shoes of another parent is a challenge. It is only natural that the further removed two parents and/or former spouses are from their romantic relationship, there can be a degradation of trust about one another’s character and parental abilities and intentions. Over time, many parents see their communications dwindle and the resulting lack of information sharing may cause unforeseeable problems.

How To Enforce A Child Custody Agreement In Florida

How to enforce a child custody agreement in Florida is by considering whether you are prepared for additional litigation in your divorce or paternity case when there are minor children being affected. A Motion for Civil Enforcement/Contempt is designed to help a parent enforce a court-ordered parenting plan. A court has the discretion to enforce a parenting plan, and in doing so, may also hold the other parent in contempt which may involve certain financial or other severe penalties.

A Motion for Civil Enforcement/Contempt in Florida

A Motion for Civil Enforcement/Contempt in Florida is initiated by a parent that wants to inform the family law circuit court about the other parent’s inability, unwillingness, or outright refusal to comply with their Florida parenting plan. Timesharing is seldom honored to the letter of a parenting plan because life happens and circumstances change. Nevertheless, as mentioned earlier, clients may want to examine a few hypothetical situations and assess how you would respond. How to enforce a child custody agreement in Florida? Would you file the Motion for Enforcement only, or do you believe a count for contempt is the only way to assure the other parent’s compliance?

In scenario #1, Parent 2 is supposed to drop the child off every Friday after school to Parent 1’s house by 6:00 P.M. Instead, Parent 2 brings the minor child home and Parent 2’s girlfriend supervises the child until 8:00 at night before transporting the child to Parent 1’s house. Parent 1 is suspicious of Parent 2’s girlfriend and does not trust her driving safety. Would you file a Motion for Civil Enforcement/Contempt?

In scenario #2, Parent 1 is supposed to follow the clause in the parenting plan about a right of first refusal. Instead, Parent 1 often leaves the minor child at home overnight while Parent 1 goes on a work trip or engages in social activities at night. Parent 2 does not want their child left with a babysitter overnight and wants Parent 1 to abide by the parenting plan by offering them the right to timesharing when Parent 2 is away. Would you file a Motion for Civil Enforcement/Contempt in this situation to enforce the child custody agreement?

In scenario #3, Parent 1 does not allow Parent 2 to have telephone or video communications with their kids even though the parenting plan clearly specifies this should happen every night at 7:30 P.M. Would you choose to file a Motion for Civil Enforcement/Contempt to ask the court to enforce this portion of the parenting plan?

During your hearing on enforcement and contempt, the judge will hear evidence, the testimony of the parties and their witnesses, and will decide how best to resolve the issues before the divorce or family law court. If the court determines the parenting plan has been violated, the court may order the offending party to pay for the movant’s attorney fees, order make-up timesharing, impose jail time, modify the parenting plan, and a host of other remedies may be applied.

How to enforce a child custody agreement in Florida is by standing up for your rights as a responsible parent. Florida family law courts generally prefer that litigants resolve their own differences and work together to parent for the best interest of their children. When there is no reasonable alternative and the facts allow for a good faith Motion For Civil Enforcement/Contempt, call the Jacobs Law Firm paternity attorney Orlando and family lawyer Orlando for help.

Modifying Permanent Alimony in Florida

Posted by Law Firm Admin on January 12, 2020

Many former spouses receiving permanent alimony and those spouses paying permanent periodic alimony have expressed an interested in modifying permanent alimony, especially with Florida alimony reform SB 1416 being signed by Governor DeSantis. Permanent alimony is no longer awardable except in cases involving disability. However, Florida’s alimony reform does not necessarily apply to cases already decided prior to July 1, 2023. The standard bearer for modifying permanent alimony in Florida was established in the cornerstone Florida Supreme Court case of Pimm v. Pimm, 601 So. 2d 534, 536 (Fla. 1992). In Pimm, the Court provided the following burden on the party seeking to modify alimony: “the moving party must show that: (1) there was a substantial change in circumstances; (2) the change was not contemplated at the time of the final judgment of dissolution; and (3) the change is sufficient, material, involuntary, and permanent in nature.” Call the Jacobs Law Firm divorce attorney Orlando, divorce attorney Clermont Florida at 407-335-8113 when you need to know your rights and responsibilities as a person paying or receiving alimony.

The Case Law on Modifying Permanent Alimony in Florida

Recently, the Fifth District Court of Appeals in Davis v. Maloch, No. 5D18-2490 (Fla. 5 DCA 2019) took up the issue of modifying permanent alimony in Florida. In its decision the Davis Court references Florida Statute 61.14, which provides broad discretion to the family law circuit courts to enter an order modifying alimony as equity (legalese for fairness) requires. Building on this equity principle, the Court reasserts that when considering an alimony modification, the judge must look at all relevant factors in Florida Statute 61.08. Albu v. Albu, 150 So. 3d 1226, 1228 (Fla. 4th DCA 2014). When considering the complexity of these legal guidelines, it is no wonder may litigants seek to hire the best divorce attorney Orlando, divorce attorney Clermont Florida to ensure their financial positions are maintained or improved. While the new alimony reform bill is not intended to apply to cases decided prior to July 2023, there is a movement toward allowing payors to retire with dignity and financial security.

When to Modify Permanent Alimony

Keep in mind that family law courts are often hesitant to engage in modifying permanent alimony in Florida when the parties initially agreed on a specific award of alimony, and now at some future time have decided their initial agreement should be abrogated. The courts consider that factors such as voluntary underemployment or unemployment, jealousy over remarriage, and bitterness may play unfortunate roles in a party’s decision to petition for a modification of alimony. Again, to reiterate, a party must show that there has been a substantial change in circumstances (this is nebulous but nonetheless a high standard); that the change was not contemplated at the time of Final Judgment of Dissolution (retirement is generally contemplated at a certain time absent disability or winning the Florida Lottery), and that the change is sufficient, material, involuntary, and permanent in nature (involuntariness is challenging to prove).

When you need guidance or to litigate your alimony case call us at 407-335-8113 and schedule your consultation with Orlando alimony attorney, Attorney Jacobs as soon as is practicable.