Tag: Orlando Alimony Attorney

modification of alimony in Florida

Modification of Alimony in Florida / Termination of Alimony in Florida

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”. 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. Call Jacobs Law Firm at 407-335-8113 to discuss your alimony modification today.

termination of alimony in Florida

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. We 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

Legal Separation in Florida

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

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

Payment Plan Divorce Lawyer Orlando

You are searching for a flat fee divorce attorney and/or a family lawyer that offers payment plans. 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. One of the obstacles many people face is being able to afford paying an entire retainer fee in a lump sum all at once. 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

Retroactive Alimony Florida

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

How to Enforce a Child Custody Agreement in Florida

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?

A Motion for Civil Enforcement/Contempt in Florida

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

Modifying Permanent Alimony in Florida

Many former spouses receiving permanent alimony and those spouses paying permanent periodic alimony have expressed an interested in modifying permanent alimony. 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.  

Modifying Permanent Alimony in Florida

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.

Alimony Pendente Lite Florida

Alimony Pendente Lite Florida

Alimony Pendente Lite sounds like an auto insurance company, or a caricature from some foreign language film nominated for an Oscar Award. In fact, alimony pendente lite Florida is a form of short term alimony awarded while the divorce is pending/going on. This type of limited spousal support is intended to help the recipient during the length of the case itself (hence the word pendente or pending). Florida divorce courts do not automatically award this type of alimony. Your divorce lawyer must specifically ask the court alimony pendente lite it to be awarded. It is rather obvious to lawyers, but generally not to nonlawyers, that if you want the court to do/award something in a divorce or family law case, you generally must ask the court for relief. Jonathan Jacobs is an alimony attorney in Clermont, Minneola, Orlando, Leesburg, Tavares, Osceola, and the surrounding areas of Central Florida. Call 407-335-8113 to speak with a divorce and family attorney today.

Suit Money in a Divorce

Alimony pendente lite Florida is otherwise known (this sounds like a pejorative term but it really isn’t) as “suit money.” Essentially, the party that has demonstrated a need for alimony from the party with a demonstrable ability to pay for alimony may be entitled to this short-term suit money. Vickers v. Vickers, 413 So.2d 788 (1982). Moreover, it is a central tenet of dissolution of marital law that both spouses (husband and wife) have an equal right to petition for alimony, petition for child support, and have (unless competent and substantial evidence indicate(s) otherwise), an equal right to custody of children. Yohem v. Yohem, 295 So.2d 656 (1974).

The concept behind alimony pendente lite Florida, is that divorce lawsuits may take a number of months (or even years) to be resolved. In the meantime, the payee (recipient) may not have any money to support their children, pay for their basic expenses such as rent or groceries, or even to pay their attorney to represent them in the divorce proceeding. Therefore, being mindful of this, and understanding that alimony may be awarded at the outcome stage of the case, Florida courts often award alimony pendente lite to benefit the party in need. Alimony pendente lite in Florida may be awarded based on motion, the petition, or the counterpetition upon request.

Florida Alimony Pendente Lite Statute

Alimony Attorney in Clermont

The Florida Alimony Pendente Lite Statute is 61.071. Florida Statute 61.071 is one of the many Florida Statutes governing alimony. Case law regarding the Florida Alimony Pendente Lite Statute is mostly older and foundational (as indicated above).  The original case law on alimony pendente lite provides that the court awards this so-called suit money to prevent one party from being a burden to the coffers (pocket-book) of the state/government.

If you are considering getting a divorce in Florida, or if you have been served with a petition for dissolution, please call Jonathan Jacobs, your Alimony Attorney in Clermont Florida, Orlando Florida, and in all of Central Florida.

Other forms of alimony include:

Alimony Attorney in Clermont

Keep in mind that alimony is merely one of many issues that may need to be litigated in the Florida family courts. Other vital issues may include child support, health insurance for the kids, domestic violence, and the equitable distribution of assets. Call us today to learn more.

Rehabilitative Alimony Clermont

Florida Rehabilitative Alimony

In deciding whether to award Florida rehabilitative alimony, family law and divorce courts make factual findings that follow the alimony Statute in Florida. Courts often require the moving party (party asking to receive alimony) to produce a Florida rehabilitative alimony plan. This proposed plan should lay out the steps for the rehabilitation of the party that needs training and education, and financial support from the payor (person paying). The purpose of rehabilitative alimony is for the payee to get back on their feet after being in a marital relationship in which their contributions to the marriage (homemaking, children) may have prevented them from developing career training and contemporary job skills in our currently competitive marketplace of/for jobs. If you are seeking a divorce or family law attorney to litigate your Florida rehabilitative alimony case, call the Jacobs Law Firm today about your divorce or family law case, 407-335-8113.

The legal phrasing that the State of Florida utilizes for rehabilitative alimony Clermont or rehabilitative alimony Orlando is the ability to be “self-supportive.” Most people prefer to be self-supportive. They recognize the need to be able to provide for themselves, particularly when the financial security they once enjoyed is no longer available, such as in the case of a marital dissolution after a period of years of support. This brings us to the Florida rehabilitative alimony plan, and at least a general idea of how that operates, knowing that all cases are different and fact-specific.

 Rehabilitative Alimony Clermont

Florida Rehabilitative Alimony Plan

The court will not order rehabilitative alimony unless there is a particularized Florida rehabilitative alimony plan. To establish the needing party’s ability to be self-supportive, a plan allows for the renewal and redevelopment of job and career skills that the party once possessed. If the party did not work at any time, other arrangements will be made to accommodate even entry-level skills development.

The plan also includes, as you might have just wondered after reading the first part, the opportunity to obtain an education to refresh, refurbish, or acquire the skills necessary to participate in the workforce in a meaningful manner. Modifying alimony is a challenging thing to do from a legal perspective.

Florida Rehabilitative Alimony Plan

Unlike bridge the gap alimony, Florida rehabilitative alimony may be changed or ended if there is either the noncompliance (refusal to participate or choice to ignore the plan) of the needing party, or a substantial change in circumstances. A substantial change in circumstances is legal terminology, which in this case can mean the party has found a good job already. Or, perhaps, they only needed a few credits to graduate and have done so quickly, or any other significant change that may have been unanticipated at the time of the award of rehabilitative alimony.

Read on about other types of Florida alimony: Women pay alimony too! Alimony pendente lite, Short term alimony, Bridge-the-gap alimony, Durational alimony, Florida alimony factors, and Permanent alimony. Jonathan Jacobs is a divorce attorney in Orlando and a divorce attorney in Clermont Florida ready to take your call.

short term alimony in florida

Short Term Alimony in Florida

Short Term Alimony in Florida: Short Term Marriage in Florida 

The Florida Alimony Statute provides guidance on the length of time the court will consider (in many cases) as a short-term marriage in Florida, for the express purpose of determining how much to award in short term alimony in Florida. In another article, we have outlined the factors the Florida court will consider and listen to arguments on, when deciding whether to award alimony, and if so, how much alimony to award the needing party. A marriage that lasts for anything less than seven years is considered to be a short-term marriage in Florida. This is known as a rebuttable presumption. This article elaborates on the Florida alimony length of marriage for purposes of the parties arguing for, and the court awarding alimony. Jonathan Jacobs is an Orlando family lawyer ready to help you through these turbulent times in your alimony case.

Florida Alimony Length of Marriage

There are other marital durations (i.e. the Florida alimony length of marriage) that Florida also presumes unless successfully rebutted. Those other marital durations are a moderate term marriage, which is greater than seven (7) years but less than seventeen (17) years. Finally, for purposes of alimony considerations, a long-term marriage in Florida lasts (presumptively) for more than seventeen (17) years and has no specific upward time frame given it is as implied, the longest term possible under the eyes of the law. Spousal support is a major issue in many divorce cases.

orlando family lawyer

Orlando Family Lawyer

The types of alimony the court may award (generally speaking) in short term marriage Florida rulings are alimony pendente lite (suit money), bridge the gap alimony, rehabilitative alimony, and if the arguments are sufficient and the court feels an upward departure is justified, durational alimony. Florida alimony length marriage is a consideration you should discuss with your Orlando family law attorney.

What is a Rebuttable Presumption?

A rebuttable presumption is a presumption whereby the court defaults to it as the basis or starting point for its ruling, but is open to arguments to the contrary that may or may not convince the judge/court to rule otherwise. A rebuttable presumption is difficult to overcome without substantial evidence to the contrary. Back to the original point about short term alimony Florida, and short-term marriage Florida, there is in Florida a rebuttable presumption that a marital union of less than 7 years is a short-term marriage. Some case law provides that alimony may not be appropriate in short term marriages,

For additional information on the types of Florida alimony, please read the following articles written by an alimony attorney:

bridge-the gap alimony, rehabilitative alimony, durational alimony, alimony pendente lite, gender based alimony, and permanent alimony.