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Florida’s Third District Court of Appeal has reversed a lower court’s order to reduce a former wife’s alimony award and deny her attorney’s fees based upon her financial support of a man who resides with her. In this case, the Circuit Court for Monroe County granted the man’s petition to reduce his alimony payments to his former wife after the court determined that she had entered into a “supportive relationship” with another man as defined by Florida Statute Section 61.14(1)(b). The statute allows for a court to decrease or eliminate an alimony award where a former spouse resides with someone who provides them with some level of support. Despite that the couple were married for more than 25 years and the lower court found that the wife received no financial support from her cohabitant, the lower court reduced her alimony award from a monthly payment of $4,200 to $3,500.

First, the Third District analyzed the statute at issue in the case. The court stated that although the statute failed to define a “supportive relationship,” it listed 11 factors to be considered by a court when determining whether such a relationship exists. According to the appellate court, nine of those factors are economic in nature. The court also found that the Florida Legislature clearly chose to focus on the economic impact of cohabitation rather than the act of residing with a new partner when it established Section 61.14(1)(b).

Next, the Third District looked to the holding of Florida’s First District Court of Appeal in Overton v. Overton. There, the appellate court found the type of relationship described in the statute “takes the financial place of a marriage and necessarily decreases the need of the obligee.” Additionally, the Third District looked to the Fourth District’s holding in Linstroth v. Dorgan which stated a “supportive relationship” as contemplated in the statute is “a relationship that provides the economic support equivalent to a marriage.”

According to the Third District, the question at issue in the case was whether a “supportive relationship” could exist when a court also determined an alimony recipient did not receive financial support from the individual with whom she was residing. The appellate court said although the wife was providing financial support to her cohabitant, her relationship did not qualify as supportive under the statute because her economic needs were not reduced by her living arrangement. Finally, Florida’s Third District Court of Appeal held that a supportive relationship could not exist where no financial support was received by an alimony recipient. The Third District reversed the lower court’s order to reduce the wife’s monthly alimony award and reversed the lower court’s denial of her reasonable attorney’s fees.

In the State of Florida, a court may award alimony where there is a need on the part of the alimony recipient and an ability to pay on the part of the alimony payor. A needs assessment is normally performed to examine the distribution of marital assets as well as the former couple’s standard of living prior to the end of their marriage. Although many factors are examined when making an award of spousal support, a Florida court generally will not award alimony if the potential recipient has the ability to maintain the same standard of living after all assets are distributed.
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For many Florida residents, going through a divorce can be as painful as losing a loved one through death. In addition to affecting your personal life, divorce can also have a dramatic impact on your career. Business owners may find themselves locked out or faced with starting over amid divorce proceedings. The added stress of ending a marriage can make concentrating at work difficult and place potential promotions at risk. Additionally, many people are embarrassed to learn that an employer may be subpoenaed for financial and other information relevant to dissolution proceedings.

Many so-called grey divorcees often find themselves in the precarious position of attempting to support themselves after a prolonged absence from the work force. Even where financial matters do not weigh heavily on the mind of the newly single, it can be difficult for some to establish an identity that is separate from the marriage and family.

Sometimes, however, the end of a marriage can be beneficial to your career. According to family mediator Elinor Robin, some Florida residents see increased success at work following a divorce. She stated some people find it easier to focus on work once their marriage is no longer a priority. Additionally, career risks and big decisions may be easier to make as choices fall solely to the individual after a divorce.

Still, a divorce can have a profound impact on the job prospects of the parents of minor children. Some Florida parents find themselves declining lucrative promotions or other positions in order to remain in the state or nearer to their children. Under Florida law, parents who share custody of their children may not move them more than 50 miles away from their residence without permission. Often, that approval can be extremely difficult to obtain.

Every year, many Florida residents find themselves in the midst of a divorce. Understandably, the range of emotions that are often associated with the end of a marriage can be overwhelming. Sadly, the financial damage a divorce can have on a couple can potentially make a bad situation even worse. If you are considering divorce, you need a capable family law attorney to help you protect your interests and your financial future.
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For most people, going through a divorce is understandably stressful. Ending your marriage can impact many facets of your life. One often overlooked area is insurance. Health, life, and automobile insurance policies must be updated or changed in order to reflect your newly divorced status. This can mean higher premiums or become a source of contention between you and your former spouse. Fortunately, a capable divorce lawyer can help you negotiate such matters during the divorce settlement process.

Making changes to you health insurance policy while in the midst of a divorce could potentially leave you overinsured, underinsured, or even uninsured. Although it is tempting to remain silent and stay on a former spouse’s health insurance policy, this could result in being dropped later as a result of fraud. Following a divorce, most former spouses are eligible to obtain temporary COBRA coverage at full cost. Additionally, a divorcing couple must determine who will maintain and pay for the health insurance needs of any children who issued from the marriage. Whether the cost is shared equally, rotated, or simply incurred by one spouse must be negotiated as part of the divorce.

Much like health insurance, divorcing can have a dramatic impact on any life insurance policies a couple may own. Following a divorce, an ex-spouse must be released to make any beneficiary or other changes he or she deems necessary. Some parents feel additional life insurance is necessary following a divorce in order to fully provide for their minor children. Additionally, because insurance coverage may play a role in the divorce settlement process, a family court judge may order a former spouse to maintain a life insurance policy for the benefit of an ex in order to offset the potential for lost alimony payments.

Although it may sound obvious, it is vital to ensure that all life insurance policy payments are made in a timely fashion. When updating your life insurance policy after dissolution, you should also ensure that any workplace life insurance policies, retirement benefits, and advance healthcare directives reflect your current wishes.

Another frequently overlooked insurance policy during a divorce is automobile insurance. Once the two are no longer living under the same roof, a divorcing couple will need to ensure they have separate car insurance policies. This can result in higher premiums and added expense. If the cost of maintaining your automobile policy will be a burden, you should ask for additional alimony payments in order to offset the added cost. Also, it is a good idea for a divorcing spouse to obtain their own car insurance policy as soon as possible in order to ensure they are not unexpectedly removed from a joint policy without warning.
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Last month, Miami Heat basketball player Chris Bosh spent more than two hours being questioned about his residency before an Orlando judge. The 28-year-old Dallas, Texas native maintains that although he has been employed by the Miami team for two seasons, he is still a Texas resident. Orange County Judge Robert Evans is tasked with determining whether Bosh is actually a Florida resident for child support and child custody purposes. Bosh has reportedly been involved in a support and custody battle with Allison Mathis, the mother of his three-year-old daughter, since the child’s birth.

At the Orlando hearing, attorneys for Mathis submitted a mortgage affidavit Bosh signed approximately two years ago that states he intended to make the $12.5 million home he purchased in Miami his primary residence. Bosh’s voting records were also admitted into evidence during the hearing. Bosh reportedly failed to vote in the 2008 presidential election and his name was purged from Texas voter rolls. Bosh allegedly re-registered to vote in Dallas two weeks prior to the proceeding. Although the man failed to register for a homestead exemption on his Miami property, Bosh reportedly only applied for such an exemption on his suburban Dallas home one-week before the hearing. After Bosh admitted to having an out-of-state driver’s license, Judge Evans allegedly asked the basketball player if he was aware that he was required to obtain a Florida license within 30 days of moving to the state.

Bosh’s residency is important because a Texas court ordered the basketball superstar to pay Mathis approximately $2,600 per month in child support three years ago. Mathis, a resident of Orange County, Florida, has asked the Orlando court to order Bosh to pay a larger sum each month to provide support the couple’s daughter. If Bosh is deemed to be a resident of Florida, Judge Evans could instead order Bosh to pay as much as $30,000 in monthly child support. The Orlando judge is reportedly expected to make a decision regarding the Miami player’s residency in late September.

Parents in Florida must provide financial support for their children. Any award of child support is determined using statutory guidelines that reflect the costs of medical and dental care, day care, and the amount of time each parent spends with a child pursuant to a court approved time-sharing plan. If you need assistance with a child support or child custody matter, you should speak with a knowledgeable Florida family law attorney.
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As a result of tough financial times, married couples seeking a divorce in Florida are increasingly filing for dissolution of their marriages without the assistance of an attorney. In fact, more than half of divorces filed in both Sarasota and Manatee counties within the past five years involved at least one pro se spouse. An individual who acts as his or her own attorney in court is normally referred to as a pro se litigant. Depressed housing values, fewer assets, and the perceived cost of legal fees may all play a role in the trend.

In the past, home equity was a big source of contention in may Florida divorces. When the housing bubble burst, many divorcing couples turned to online or other do-it-yourself divorce forms. As a result, too many pro se divorcees do not fully understand their legal rights, and unfortunately end up making unwise compromises with regard to financial support, child visitation, and other aspects of family law. Not surprisingly, the divorce process can be a dangerous road to travel alone.

For many divorcing spouses, going before a judge without the assistance of an experienced legal advocate is a mistake. First, the economic downturn has resulted in budget cuts that can affect those who choose to represent themselves in a Florida family court. For example, most Legal Aid and low-cost mediation services throughout the state have lost funding. This results in dramatically increased wait times before a pro se litigant may obtain an appointment. Consequently, many would-be divorcees attend library workshops where a volunteer explains what specific legal terms mean and how to fill out a pro se divorce petition. However, such volunteers may not provide important legal advice. Additionally, Florida family court case managers are often stretched thin and public law libraries are often underfunded. As thousands of legal novices try acting as their own attorneys, Florida family law courts have reportedly become increasingly bogged down.

If you are considering ending your marriage, it is important to remember that Florida is a no-fault divorce state. This means neither partner needs to be held responsible for the end of a marriage. Although most family law matters can be resolved outside of court through a negotiated settlement, you still need a dedicated advocate on your side to represent your interests.

No matter the situation, couples who seek to end their marriage may negotiate a postnuptial agreement like a marital settlement agreement prior to filing a petition for dissolution. A postnuptial agreement can save divorcing couples both time and hassle because it will normally address the disposition of assets, pets, and any agreed upon spousal support obligations. If you are considering divorce, you should contact a hardworking family law attorney early on in the process to help you protect your rights and your financial future.
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In Florida and other states, divorce expos are offering assistance to people struggling with issues related to the end of their marriages. Workshops on money management, single parenting, and other topics seek to assist expo attendees with life after saying goodbye to a spouse. Additionally, divorce expos are designed to connect the recently divorced or separated with community and other resources that may help ease the often difficult and emotional process.

According to one recent divorce expo attendee, Katie Kanney, attending events geared towards the newly divorced is helpful because friends and family are not always privy to the entire story following a split. Kanney stated she has spent almost one year dealing with the physical and emotional aftermath of ending her 15-year marriage. Although Kanney has reportedly dealt with many aspects of her divorce, she is still struggling with hurt feelings and other emotions.

According to expo organizers, divorce is a complex matter with a host of issues that many people simply do not consider until they are engaged in the process. Such issues include not only decreased self-esteem, but also re-entry into the workforce, dealing with a smaller budget, and co-parenting challenges. Events such as a divorce expo are reportedly held to spotlight many of those issues. Vendors including divorce coaches, financial planners, and counselors also reportedly offer their services at such events. According to David Morgan, an Illinois-based financial planner, many of those in the business of helping the newly divorced choose to do so because too often one spouse is left without much understanding of a former couple’s financial situation. Morgan also stated it was his goal to assist divorcees in making smart financial decisions.

If you are contemplating dissolving your marriage, it is important to remember that Florida is a no-fault divorce state. This means the law does not hold either partner responsible for the end of a marriage. If you are facing a divorce or separation, you should contact a dedicated family law attorney who can help you protect your rights and your financial future.
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In some ways, new advances in technology can make surviving a divorce much easier. For example, email, video chat services, and online scheduling products can potentially make communicating with your children while they are in the care of your former spouse easier. In other ways, however, technology’s role in our daily lives may become a trap for the unwary. Too often, former spouses take to popular social networking websites like Facebook to vent or complain about one another. Doing so can create a variety of legal headaches.

Getting divorced normally leads to a host of emotions. It is understandable that many divorcing spouses seek to discuss their situation and concerns with friends and loved ones. Still, making negative statements about your former spouse on the Internet or in another public forum may lead to legal troubles down the road. In 2010, the American Academy of Matrimonial Lawyers found that 81 percent of attorneys surveyed saw an increase in the use of online social media evidence in divorce cases over the previous five years. If in doubt, it is always best to take the high road and keep your grievances off of the Internet.

If you are in the midst of a divorce or separation, it is important to consider that what you write about your former spouse can potentially get you sued. Although you may express your opinions, you may not lie in order to impugn your former spouse’s reputation. For example, if you call your ex a deadbeat and allege that he or she has failed to meet child support obligations that were in fact met, you could be sued for libel. A former spouse may also not harass or stalk their ex using the Internet.

Whether or not any statements made online merit legal action, it is important for both former spouses to understand that ranting on social media websites may harm both your children and your divorce case. If your former spouse’s employer has access to the negative statements you made regarding your ex, it may have an effect on his or her job, and corresponding ability to meet financial support obligations. Additionally, family court judges rarely appreciate reading incendiary tweets, Facebook updates, or blog posts, and such behavior will likely be taken into account when child custody and alimony awards are determined.

If you are concerned about what your former spouse may say about you online, it might be a good idea to negotiate protections into your marriage settlement agreement or ask the judge to prohibit such behavior. For example, a family court judge recently issued a gag order in the divorce proceedings between former NFL star and Major League Baseball player Deion Sanders and his wife, Pilar, amidst allegations of nasty tweets. Finally, if either you or your former spouse have said negative things about one another online, the easiest way to undo at least some of the damage is to issue a simple apology.
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Reality television star Evelyn Lozada has filed for divorce from former Miami Dolphins player Chad Johnson, formerly known as Chad Ochocinco, after only 41 days of marriage. The Basketball Wives star filed her petition in Broward County on August 14th, only three days after she accused her husband of domestic violence. In an emergency call made by a neighbor regarding the incident, Lozada can reportedly be heard stating Johnson head-butted her. Following the alleged altercation, Johnson was released from his position with the NFL team and a VH1 Reality show about the couple, who wed on July 4th, has been cancelled.

According to local police, the fight began after Lozada confronted Johnson regarding a receipt for condoms. The disagreement reportedly escalated and then became physical. Although Lodaza accused Johnson of initiating the violence, he stated she instead head-butted him. Lozada was treated at a local hospital for cuts to her head following the altercation. In a public statement, Johnson apologized for his behavior and stated he loved Lozado. The six-time Pro Bowler also said he planned on training hard in order to gain another chance to play in the NFL. In her petition for divorce, Lozada stated the couple had a premarital agreement in place. She also reportedly asked the court to require Johnson to pay her attorney’s fees and court costs.

Although no one expects to become divorced, entering into a prenuptial agreement is always a smart move. A prenuptial agreement is a contract that is entered into by a bride and groom prior to marriage. The agreement will specify exactly how a couple’s assets will be distributed in the event of a divorce or the death of one spouse. Because Johnson and Lozada entered into a premarital agreement prior to their wedding day, any questions regarding spousal support or other obligations will already be answered. Additionally, the often emotional divorce process will likely be less stressful on both parties. Too often, individuals with few assets fail to enter into a prenuptial agreement. Regardless of each spouse’s net worth at the time of the marriage, this is a decision many couples later regret.

Similarly, a postnuptial agreement can also make the divorce process easier on couples who choose to separate. Normally, a postnuptial agreement will outline exactly how a former couple’s marital assets will be divided and describe any agreed-upon spousal support obligations. A postnuptial agreement may also include provisions regarding child custody and support but such provisions are always subject to modification by a family law judge.

In the State of Florida, a trial court is not required to honor a prenuptial or postnuptial agreement provision that waives temporary attorney’s fees and costs. It is public policy in Florida that pre-divorce support may not be waived. Because of this, you should always speak to a divorce attorney regarding whether you need a temporary attorney’s fees and costs award.
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Miami Heat superstar Dwyane Wade’s lengthy custody battle returned to a Chicago courtroom recently after his ex-wife, Siohvaughn Funches-Wade, allegedly refused to return the couple’s two sons over Father’s Day weekend. When Funches-Wade reportedly declined to turn the children over to Wade’s sister for transport back to Miami, she was arrested and charged with misdemeanor child abduction, interference with visitation, and resisting arrest. In response to the incident, Wade, who was previously awarded sole custody of the children by a Cook County family court, filed a petition requesting that Funches-Wade’s right to visitation be suspended.

Instead of suspending Funches-Wade’s visitation rights, a Cook County judge ordered that all visits during the next four months take place in Florida where the children currently reside with their father. According to Funches-Wade, she has not had uninterrupted access to her children since she was arrested. Her attorney, who recently asked the court to allow him to leave the case, stated it was not typical for law enforcement officers to enmesh themselves in a child custody case. He reportedly believes authorities responded to the incident as a result of Wade’s celebrity.

Wade stated that, despite his recent petition before the court, he would like for his former wife to remain in the boys’ lives. Funches-Wade claims she did not return the children at the specified time due to a severe and debilitating asthma attack.

The custody of a couple’s children is always an especially emotional subject, and most parents worry about how much time they will be allowed to spend with their kids following a divorce. In Florida, a parent who seeks to modify a child custody order must show that one of the parent’s circumstances has changed in a substantial way. Additionally, the best interests of a couple’s children must also justify any requested custody modifications. A Florida family court judge will examine a number of factors under Florida law when considering any request to modify custody. Those factors include the child’s age, the child’s own preference, each parent’s fitness to raise the child, and which parent is primarily responsible for the child’s upbringing. Any allegations of child abuse, neglect, or abandonment, the moral fitness of each parent, and any evidence of sexual violence will also play a factor in a judge’s child custody decision.
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A Martin County father was recently placed on probation after pleading no contest to violating a little-known Florida law designed to ensure parents meet their child support obligations. According to a Martin County Court Clerk, the 34-year-old father was the first person in the county arrested under the law established to punish allegedly deadbeat parents. In addition to sentencing him to five years of probation, Circuit Judge William Roby also ordered the man to regularly pay the $550 per month in child support for his two children that was previously ordered by a family court judge and $69,542.88 in back child support and interest that has accumulated throughout his years of non-payment. Additionally, Judge Roby ordered him to perform 25 hours per week of community service throughout the period of his probation, pay $415 in court costs, and promptly notify the court of any changes in his employment status.

The case against this individual was filed after his ex-wife told local authorities about the little-known law. She reportedly grew weary of the man’s failure to pay his family court ordered child support. Instead, she produced contempt of court orders against him and asked Martin County authorities to prosecute her ex-husband using the third-degree felony statute. Apparently, only two other individuals in Florida have faced the same charge during the last decade.

The man in this case reportedly told Judge Roby he failed to pay his support obligations because he could no longer afford the payments due to a bad economy and the loss of his business. According to this father, his previous efforts to reduce the child support payments were denied. Assistant State Attorney Erin Kirkwood responded to these claims by stating a family court determined the man was able, but unwilling to meet his child support obligations. Although she attended the hearing, his ex-wife reportedly made no comments.

In the State of Florida, parents must provide financial support for their children. A child support award is determined using established statutory guidelines that take into account the costs of medical care, dental care, day care, and the amount of time each parent spends with a child pursuant to a child’s time sharing plan. If a parent voluntarily becomes unemployed or under-employed, a family court may choose to make an award of child support based on imputed income. Imputed income is normally established by examining a parent’s past employment record, job qualifications, and the local pay rate where the paying parent resides.
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