Tips on Florida alimony law

There are many factors that a judge may consider when determining if an award of Florida alimony is appropriate. If alimony is appropriate the court will then have to determine the amount of Florida alimony to be paid and the duration of payments. Regardless, the award of alimony may not leave the one paying the alimony with significantly less net income than the net income of the recipient unless there are written findings of exceptional circumstances.

Florida alimony can be a very contentious and litigious aspect of a divorce, as the outcome may have a long lasting impact on each party’s finances. If you need assistance with a divorce or claim for alimony contact a Tampa divorce attorney to schedule a consultation. Each case is different and the information contained in this article is for general purposes only, and is not advise for any specific case or set of circumstances. A divorce attorney in Tampa should be able to provide advice specific to your case and help develop a game plan to accomplish your goals.

Calculating the amount and duration of Florida alimony?

The first step in an alimony case is to determine whether either party has an actual need for alimony. Then the judge must determine if the other party has an ability to pay alimony. If both of these two prongs are satisfied the judge will then determine the amount and duration of alimony.  The judge must consider all of the relevant factors and circumstances, including, but not limited to: (1) the standard of living established during the marriage, (2) the duration of the marriage (see Reeves v. Reeves), (3) the age and the physical and emotional condition of each party, (4) the financial resources of each party, including the non-marital and martial assets and liabilities distributed to each party, (5) the earning capacities, education 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 the party to find appropriate employment that would meet their specific needs, (6) 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, (7) the responsibilities each party will have with regard to any minor children they have in common, (8) the tax treatment and consequences to both parties of any Florida alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment, (9) all sources of income available to either party, including income available to either party through investments of any asset held by that party, (10) any other factor necessary to do equity and justice between the parties. See Florida Statute 61.08.

Generally, there are four types of Florida alimony awards that a judge can choose from. There is bridge-the-gap alimony, permanent alimony, rehabilitative alimony, and durational alimony. A judge considers all circumstances of a case when determining the appropriate type, amount and duration of Florida alimony.

Divorce and Alimony Law Firm
If you are contemplating filing for divorce or your spouse has already filed for divorce, call us today to speak with a divorce attorney in Tampa at our firm. Our divorce lawyers in Tampa are skilled litigators with experience in all types of divorce cases. Our vast experience allows us to cater our services to each client’s specific situation and deliver top-notch legal representation. Whether a couple mutually agrees to the terms of a divorce or are engaged in a fierce battle for their property and child custody rights, Florida Law Advisers, P.A. can help. Call us today at 800 990 7763 or fill out the “free case review” form on our website for more information.

HOA Foreclosure

High student loans, housing costs, and medical expenses have caused many Americans to struggle financially. Luckily, there are options to help alleviate the burden and get a fresh start. Many of the options available to consumers will even stop a HOA foreclosure sale and allow you to keep the home. If you are considering relief through bankruptcy or facing the possibility of foreclosure, it is important to speak with an experienced bankruptcy attorney to determine the best course action for you. To schedule a free consultation with a bankruptcy attorney in Tampa call us at 800 990 7763.

FLORIDA FORECLOSURE PROCESS

Typically, if a homeowner is behind on their mortgage payment for 90 days the lender will file for foreclosure in Court. Florida is a judicial foreclosure state, that means the bank must go to court and receive approval from a judge before foreclosing on a home located in Florida. See Florida Statute 702.01. The court process can move quickly if action is not taken to prevent the foreclosure. If foreclosure proceedings have begun, contact a foreclosure defense attorney right away. There may be legal defenses that can be used to prevent the foreclosure of your home. Additionally, there may be other options available, such as deed in lieu of foreclosure, loan modification, or short sale. For more information about each of these options contact a foreclosure defense lawyer in your area.

FORECLOSURE FILED BY THE HOMEOWNERS ASSOCIATION 

Banks are not the only institutions that seek to foreclose on homes in Florida. Thousands of foreclosure cases are filed by homeowner’s associations in Florida each year. HOA’s are very aggressive in filing for foreclosure, in many cases seeking foreclosure when the homeowner is only a few dollars behind on their assessments. Further, it is not uncommon to have a balance of only $100 increase to over $5,000 after the HOA adds their late fees, interest, and attorney fees. Fortunately, there are options that can help prevent an HOA foreclosure sale.

Similar to banks, the HOA will need to file a foreclosure case in court and receive approval from a judge before the home is foreclosed. See Florida Statute 720.3085. During the court process, the homeowner will have an opportunity to raise defenses and challenge the foreclosure. To learn more about the possible legal defenses to foreclosure by an HOA contact a Tampa foreclosure defense lawyer in your area.

STOPPING AN HOA FORECLOSURE WITH CHAPTER 13 BANKRUPTCY

Additionally, filing for Chapter 13 bankruptcy can help stop a foreclosure filed by either an HOA or mortgage lender. A Chapter 13 bankruptcy filing could allow you to avoid foreclosure all together by working out a repayment plan over a span of three to five (3-5) years for the arrearage, otherwise known as back-due payments.  Essentially, the homeowner will have a 60-month loan to repay the back-due HOA fees. In mortgage foreclosure cases, the homeowner may be able to modify the loan to reduce the balance, lower the interest rate, and extend the term for repayment. For more information about a specific case or payment plan contact a bankruptcy lawyer to schedule a consultation

Tampa Bankruptcy and Foreclosure Defense Law Firm:

If you are thinking about filing for bankruptcy or are being threatened with foreclosure contact Florida Law Advisers, P.A. Our bankruptcy attorneys in Tampa are experienced in both bankruptcy and foreclosure defense. Every foreclosure and bankruptcy case is different, and our vast experience allows us to cater our services to each client’s individual needs. All of our initial consultations are free and convenient payment plans are always available. Regardless, if you need help with Chapter 13, Chapter 7, or foreclosure defense our professional legal team will provide you with competent legal advice you can trust. Call us now at 800 990 7763 to speak with a lawyer, we are available to answer your calls 24/7.<