rehabilitative alimony

There are many types of alimony (spousal support) available under Florida divorce law.  See Florida divorce law 61.08.  Two easily confused types of alimony are Bridge-the-Gap and Rehabilitative alimony.  Bridge-the-Gap alimony is designed to help a person transition to become a head-of-household. On the other hand, rehabilitative alimony is to financially support a specific plan to obtain financial independence. This area of the law can be confusing, please contact a divorce law firm in Tampa for assistance.

Purpose of Florida Rehabilitative Alimony

The purpose of rehabilitative alimony is to help a spouse who served in a supportive role learn or develop new skills, so that they can live a fruitful life on their own. See Florida divorce case Canakaris v. Canakaris. Some common examples of rehabilitative spousal support are attending college, trade school, or assistance with obtaining a professional license. In order to receive this form of alimony, you must have a specific plan and intent to execute that plan.

Modifying or Terminating Rehabilitative Spousal Support

Rehabilitative spousal support can be modified or terminated based on the fulfillment or lack of fulfillment of the rehabilitative plan.  For example, if the rehabilitative plan was to go to cosmetology school and the recipient drops out, the rehabilitative alimony may be terminated by law.  Conversely, if one determined that cosmetology school was not for him or her, the rehabilitative plan could be revisited (with the assistance of a divorce law firm ideally) so that a new plan can be established or modified.

Divorce Law Firm in Tampa

Rehabilitative alimony is a complicated topic and there are many types of alimony in the state of Florida.  You should speak with an experienced divorce attorney in Tampa to ensure that you are receiving or paying the right type and amount of alimony for your situation. Florida Law Advisers, P.A. has years of experience in both advocating for and against alimony. Our attorneys know what factors are important to Florida family law judges and can aggressively fight for your rights. If you would like to speak with a divorce lawyer in Tampa call us today at 800 990 7763.

 

rehabilitative alimony in Florida

When determining if rehabilitative alimony in Florida divorce cases, is appropriate a judge will apply the “need and ability to pay” test.  See Guiterrez v. Guiterrez. First, the party seeking rehabilitative alimony will have to establish there is a need for rehabilitative alimony. See Florida Statute 61.08. Under Florida divorce law, “need” does not mean basic living expenses such as, rent, food, and clothing. Instead, the term “need” refers to the standard of living that was enjoyed during the marriage. See Griffin v. Griffin. The standard of living is based primarily on expenditures, not income. However, if a couple lives beyond their financial means, only the expenditures that could have been funded from the income will be included in the standard of living estimation.

Types of Alimony in Florida

Florida family law allows for many different types of alimony, which can vary in duration, amount, and purpose. Rehabilitative alimony in Florida divorce cases is just one type of alimony that may be available. Florida courts have a lot of discretion in awarding alimony and if so, how much. The divorce law firm in Tampa you retain can make a significant impact on the type and amount of alimony that is awarded. Therefore, it is important that you have a trusted Tampa divorce lawyer that is experienced in Florida alimony litigation at your side.

Rehabilitative Alimony in Florida

Rehabilitative alimony in Florida is financial support intended to provide a former spouse with the opportunity to establish the capacity for self-support, proportionate to the standard of living during the marriage. See Florida Statute 61.08. The length of the marriage will play a factor in whether or not rehabilitative alimony is appropriate, but it is not dispositive. Instead, the focus should be on the impact the marriage had on the earning potential of the spouse seeking alimony. For instance, if the party seeking alimony after a 5 year marriage abandoned their career to take care of the couple’s children rehabilitative alimony may be appropriate.

The length of the marriage will play a factor in rehabilitative alimony cases but is not the only significant factor. Typically, the impact of the marriage on the spouse’s career will likely be the driving force. Conversely, if a party is seeking rehabilitative alimony after a 10 year marriage but cannot provide evidence that the marriage hindered their earning capacity rehabilitative alimony should not be awarded.

Rehabilitative alimony in Florida should only be awarded to spouses who truly need it. Thus,  if there was no decline in earning potential due to the marriage it should not be awarded in the divorce. See Ritter v. Kiezkowski. Further, if the spouse cannot show that the rehabilitative alimony will permit economic self-sufficiency it should not be granted. The party seeking rehabilitative alimony must provide a definite, detailed rehabilitation plan. See Cogen v. Cogen. Further, the plan must be feasible and not tentative.

Divorce Law Firm

A skilled rehabilitative alimony in Florida law firm can make a big impact in a divorce litigation. If you are contemplating filing for divorce or your spouse has already filed for divorce, call us today to speak with a Tamp divorce attorney at our firm. The divorce attorneys at Florida Law Advisers, P.A. have years of experience in both advocating for and against alimony. With years of experience, we are more than ready to present a compelling case on your behalf. To speak with a Tampa divorce lawyer at our firm call us at 800 990 7763.

alimony garnishment

Unfortunately, without a way to enforce it, judgements can sometimes feel like they are worthless.  However, Florida alimony law does provide for a variety of ways to enforce judgements, including garnishment. In garnishment cases, the funds go directly to a third party rather than their original recipient. Thus, alimony can be forwarded directly to the former spouse from the employer.  According to Florida Alimony Law §61.12, garnishment can be utilized to enforce marital support obligations including both alimony and child support. The process of obtaining the alimony garnishment can be complex; however, a divorce attorney in Tampa can help. If you are not receiving the alimony you are owed, contact a divorce lawyer in your area for assistance.

Florida Alimony Garnishments

A lot of myths circulate about garnishments for alimony orders.  Many people hear that only child support payments can be garnished from wages, but that is not the case.  Both forms of support are eligible for garnishment. Plus, it is not only wages:  for example, in Florida alimony garnishment case, City of Miami v. Spurrier, the court ruled that pensions could also be garnished for support.  Further, spendthrift trusts, which are specifically designed to protect the trustee’s assets from creditors, can be garnished to satisfy alimony payments.  See Florida alimony garnishment case,  Gilbert v. Gilbert.

Exceptions to Alimony Garnishments

Many people who are not experienced divorce lawyers may think that there is a “loophole” which allows anyone to get out of a garnishment order. It is true that there is a “Head of Household” defense to garnishment under Florida Statute §222.11, and about twenty years ago it was used to ensure that if a previous spouse who was ordered to pay alimony had dependents, the garnishment could be prevented.  However, the exception was revised to provide for alimony, regardless of head-of-household status some time ago.

Tampa Divorce Law Firm

Don’t rely on what happened when your friend, brother or sister attempted to enforce a provision for alimony.  Talk to an experienced divorce attorney in Tampa to help you determine what will work best in your individual circumstance. Florida Law Advisers, P.A. hasyears of experience in both advocating for and against a Florida alimony garnishment. Our divorce lawyers in Tampa know what factors are important to Florida family law judges and aggressively fight for our client’s rights. If you would like to speak with a divorce lawyer in Tampa call us today at 800 990 7763 to schedule a free consultation.

Learn more about Florida Rehabilitative AlimonyThe amount and duration of a Florida rehabilitative alimony award is determined on a case by case basis. Under Florida divorce law, the judge will first determine if one spouse has a need for rehabilitative alimony and if the other spouse is able to pay the alimony. If both of those factors are present the a Florida family law judge will then the court consider the factors in outlined Florida Statute 61.08.

Florida alimony law also allows for all other relevant factors to be considered when determining alimony. Therefore, the list provided is not the end of the story. If you need assistance with either receiving or preventing alimony contact a divorce lawyer for assistance. 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.

What exactly is Florida Rehabilitative Alimony?

Florida Rehabilitative alimony is one of the many types of alimony that can be awarded in a divorce. Rehabilitative alimony is intended to provide financial support to a spouse until they are able to support themselves.  Rehabilitative alimony must have a specific plan in place that will allow the party receiving the alimony to be able to support themselves on their own once the plan has been successfully completed. See Florida alimony case Hill v. Hooten. Often, rehabilitative alimony plans will provide for the party to attend college to increase the chances of employment. A Florida family law judge must approve of the plan before the award of alimony can be granted.

The rehabilitative alimony plan can be based on the redevelopment of previous skills or credentials; or the acquisition of education, training, or work experience necessary to develop appropriate employment skills or credentials. The end goal for the rehabilitative plan should be an increase in knowledge or skills, so that the party can sustain themselves.

Modifying Florida Rehabilitative Alimony

In any award of alimony, the court may grant periodic payments or payments in lump sum or both. Florida rehabilitative alimony may be modified or terminated if there is a substantial change in circumstances. Additionally, modification can occur upon noncompliance with the rehabilitative plan, or once the rehabilitative plan is completed. What is considered a “substantial change in circumstances” is determined based on the facts and circumstances of each individual case. For an example of a qualifying substantial change in circumstances see Antepenko v. Antepenko.

It is important to remember, that alimony and child support are different. Child support payments are to provide financial support for the necessities of the children. On the other hand, alimony is intended to provide the receiving spouse with the financial means to maintain the standard of living that he or she was accustomed to during the marriage.

Tampa 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 Tampa divorce attorney at our firm. Our divorce lawyers in Tampa are skilled litigators with experience in all types of divorce matters, including Florida rehabilitative alimony. Our years of experience allows us to cater our services to each client’s specific needs. 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 to schedule a free initial consultation with a divorce attorney in Tampa.

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 to be paid and duration of payments. Regardless, alimony may not leave the one paying the alimony with significantly less net income than the net income of the recipient.

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, this article is for general purposes only, and is not advise for any specific case. 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), and (3) the age and the physical and emotional condition of each party. 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 fierce litigation, we can help. Call us today at 800 990 7763 or fill out the “free case review” form on our website.