What Happens to Child support and Alimony in Bankruptcy

In bankruptcy, debts will be treated differently based on their classification. Child support and alimony in bankruptcy receive nearly the greatest level of protection under Florida’s bankruptcy laws. Although child support is considered “unsecured debt,” which is typically dischargeable, the Bankruptcy Code provides special treatment for this domestic obligation. See bankruptcy law 11 U.S.C. § 507(a). However, there may still be options to reduce the amount of child support. To find out more about your case contact an attorney in your area. A Tampa bankruptcy attorney can help describe some of the options that may be available to reduce your amount of child support.

CHILD SUPPORT AND ALIMONY IN BANKRUPTCY

Child support and alimony will the first of the unsecured claims to be paid among all your other unsecured creditors. Keep in mind that child support and alimony obligations cannot be discharged through either Chapter 7 or 13 bankruptcy. See bankruptcy laws 11 U.S.C. § 727 & 1328. You will be required to continue payments to your former spouse during your bankruptcy case, and after your discharge.

PROTECTING THE CHILD SUPPORT AND ALIMONY YOU RECEIVE

If you are an individual who receives child support and/or alimony, you will be able to protect that income with the “support” federal exemption afforded to you by the Bankruptcy law. See 11 U.S.C. § 522. The entire amount that you receive from your former spouse will be protected, meaning that the trustee cannot take that income away from you. For information about a specific case or set of circumstances you should contact a bankruptcy law firm in Tampa to schedule a consultation with a bankruptcy lawyer.

AUTOMATIC STAY PROTECTION

Child support and alimony will also receive protection under the “automatic stay” that takes place once you file bankruptcy. This takes effect immediately in order to preserve the property of the estate. See bankruptcy law 11 U.S.C. § 362. However, if you have a judicial lien against you for failure to pay your child support or alimony obligations prior to you filing bankruptcy, the automatic stay will not apply to that judicial lien and you will be responsible to pay that lien amount. Again, this lien amount will not be discharged in either Chapter 7 or 13. For more information on discharge of debts in bankruptcy click here.

CHAPTER 13 BANKRUPTCY FOR CHILD SUPPORT & ALIMONY

Additionally, if you are behind on your child support and/or alimony obligations, filing Chapter 13 may help.  In fact, you would be required to pay any outstanding child support or alimony payments in full through the life of your Chapter 13 repayment plan in order to receive discharge. The benefit of having your child support/alimony obligations paid through your Chapter 13 plan is that it could potentially reduce the amount that you would have to pay back to other unsecured creditors and increase the amount of credit card or medical debt that would be discharged at the end of your Chapter 13 plan.

 

Bankruptcy Law Firm in Tampa

Bankruptcy law can be very confusing and intimidating. If you are considering seeking bankruptcy protection you should contact a bankruptcy law firm in Tampa for legal advice. The bankruptcy attorneys at our firm have years of experience helping people obtain a fresh start. We have many options available that can help you successfully manage your debt and regain your financial health. Regardless, if you need help with Chapter 13 or Chapter 7 we provide competent legal advice you can trust. To see which options may be available, contact us to today to schedule a free, consultation.

Permanent Alimony in Florida

Alimony, which is also commonly referred to as maintenance or spousal support is payment from one ex-spouse to the other. Florida family law allows for many different types of alimony, which can vary in duration, amount, and purpose. Permanent alimony in Florida can allow for alimony payments to continue until death. The divorce attorney in an alimony case can make a big difference on  amount of alimony that is awarded. Therefore, it is important that you hire a divorce attorney in Tampa that is experienced litigating for and against permanent alimony in Florida.

How Alimony in Florida is Determined

The fundamental principal behind an award for alimony is the disparity in financial resources of the two parties. However, disparity in financial resources alone is not enough to justify an award for alimony. See Rosen v. Rosen. Instead, Florida family law courts look at one spouse’s ability to pay alimony vs the other spouse’s need for alimony. See Florida divorce case Green v. Green. For information about a specific case or set of circumstances contact a divorce lawyer in your area for assistance.

The amount and duration of any alimony award is determined on a case by case basis. The court will first determine if there is a need for alimony by one party. Secondly, the judge will consider if the other party is able to pay alimony. Once that is determined, then the court must weigh the factors outlined in Florida divorce law 61.08. The statute also states that all other relevant factors can be considered when determining the amount and duration of the alimony award as the list of factors in the statute is not exclusive. An award of alimony may not leave the payor with significantly less net income than the income of the recipient unless there are exceptional circumstances found by the court.

Permanent Alimony in Florida

One of the types of alimony that a Florida family law judge can award is permanent alimony. Permanent alimony in Florida is appropriate when a party in the marriage lacks the ability to meet their needs and necessities of life following a divorce. The needs and necessities of life of that party are determined by the standard of living during the marriage and if it is possible to maintain that lifestyle after the marriage ends. An award of permanent alimony should terminate upon the death of either party or upon remarriage of the payee.  Further, an award may be modified or terminated based upon a substantial change in circumstances. An example of a substantial change in circumstances is a supportive relationship of the party receiving alimony. However, the relationship must be in accordance with Florida divorce law 61.14.

In any award of alimony, the court may grant periodic payments or payments in lump sum or both. Although adultery is not considered in determining if a divorce should be granted, the court may consider the adultery of either spouse in determining the amount of alimony to be awarded. An award of permanent alimony is normally awarded after a marriage of long duration. A marriage of long duration is a rebuttable presumption of a minimum of seventeen (17) years. This is the presumed number, but the court can determine this to be inappropriate given certain circumstances. The length of the marriage is the period of time starting from the date of the marriage until the date of the filing of an action for dissolution of marriage (divorce).

Short-term Marriages

An award of permanent alimony can be awarded after a marriage of moderate duration if such factors from Florida Statute 61.08 are considered and an award is determined to be appropriate based on clear and convincing evidence. The rebuttable presumption of a moderate duration marriage is between seven (7) and seventeen (17) years. An award of permanent alimony can be awarded after a marriage of short duration only if there exceptional circumstances.

Temporary alimony in Florida

Another qualification a Florida family law judge must consider is whether any other form of alimony is appropriate. If an award of alimony that is only temporary can be found to be appropriate than an award of permanent alimony in Florida is not appropriate. The court will only grant an award of permanent alimony in Florida if there is nothing else that will be sufficient given the circumstances.

Divorce Law Firm in Tampa

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

Durational alimony in Florida

There are many different forms of alimony which are available under Florida divorce law. A common form of spousal support is durational alimony in Florida. The amount and length of durational alimony in Florida is determined on a case by case basis. Therefore, if you need assistance with a particular case or set of circumstances contact a Tampa divorce lawyer for legal advice.

Requirements for Durational Alimony in Florida

Normally, the court will first determine if there is a need for alimony. Next, the judge will inquire if the other party is able to pay alimony. Once that is determined then the Florida family law judge must weigh the factors listed in Florida divorce law 61.08. The Florida alimony law also states that all other relevant factors can be considered when determining the amount and duration of the alimony award. The the list of factors enumerated in the statute is not exhaustive. A divorce attorney can help further explain how the factors enumerated in Florida divorce law can impact your case. For more information contact a divorce law firm in your area for assistance

Durational Alimony in Florida for Long and Moderate Term Marriages

The purpose of durational alimony is to provide financial assistance for a set period of time following a divorce. Generally, durational alimony in Florida is only awarded for moderate or long term marriages, if there is no need for support on a permanent basis. A marriage of long duration is presumably seventeen (17) years or longer. A marriage of moderate duration is presumably between seven (7) and seventeen (17) years and a marriage of short duration is presumably less than (7) years. The classification of a marriage being short, moderate, or long in duration is presumed to be consistent with the numbers given above, however, the presumption can be overcome due to certain circumstances. See Florida divorce case, Fichtel v. Fichtel. For information on the circumstances that may warrant a deviation speak with a divorce lawyer in your area.

The Length of Time Durational Alimony in Florida Can Last

In any award of alimony, the court may grant periodic payments or payments in lump sum or both. Typically,  durational alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. The amount of the alimony award may be modified or terminated upon a substantial change in circumstances. See Florida alimony law 61.14.  The only way for the length of the alimony award to be modified is under exceptional circumstances. For durational alimony, the duration or modified duration of the alimony award may not exceed the length of the marriage. The length of the marriage starts on the date of the marriage and continues until the the filing for divorce.

Divorce Law Firm in Tampa

If you are seeking durational alimony in Florida or trying to prevent being ordered to pay alimony contact Florida Law Advisers to speak with a divorce attorney in Tampa. Every divorce and alimony case is different, and our vast experience allows us to cater our services to each client’s individual situation. With years of experience in litigation, we are more than ready to present a compelling case on your behalf and stand firm for what is fair. To speak with a divorce attorney at our firm call 800 990 7763 to schedule a free consultation.

Bridge the Gap Alimony in Florida

One of the types of alimony available in a Florida divorce case is bridge the gap alimony. Bridge the gap alimony in Florida is intended to assist a party after a divorce by providing support until that party makes a transition from being married to being single. Bridge the gap alimony in Florida is a short term payment for a set amount of time. To see if you qualify to receive or may be compelled to pay alimony consult with a divorce attorney in Tampa. Alimony is awarded on a case-by-case basis and depends on the specific facts of each divorce. An experienced divorce attorney can help you predict what may be required in your specific divorce case.

Requirements for Bridge the Gap Alimony in Florida

Under Florida divorce law,  the spouse requesting alimony must be able to provide an identifiable need. If granted, bridge the gap alimony may not exceed two (2) years. Further, bridge the gap alimony in Florida may terminate upon the death of either party or  remarriage of payee. Usually, bridge the gap alimony in Florida will not be modified by amount or duration.

The amount and duration of an alimony award is determined on a case by case basis. The court will first determine if there is a need for alimony by one spouse. Next, the judge will determine if the other party is able to pay alimony. Once that is determined, the court must weigh the factors enumerated in Florida alimony law. It is important to note, Florida alimony law also states that all other relevant factors can be considered when determining the amount and duration of the alimony award, as the list of factors in the statute is not exclusive. Thus, determining alimony eligibility can be difficult without years of courtroom experience. Therefore, contact a divorce lawyer for information on any specific case.

The Amount of Payments for Bridge the Gap Alimony in Florida

In any award of alimony, the court may grant periodic payments or payments in lump sum or both. Although adultery is not considered in determining if a divorce should be granted, the court may consider the adultery of either spouse in determining the amount of alimony to be awarded. An award of bridge the gap alimony or any other award of alimony can be appealed and a separate court will review the previous court’s decision to determine if it was appropriate. See Florida divorce case Blanchard v. Blanchard.

Tampa Divorce Law Firm

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

Do I Have to Pay Alimony in Florida

There are many seen and unforeseen expenses related to the divorce process. Alimony is one of these expenses which can be part of a divorce case in Florida. Alimony is an amount of money paid for a set period of time following the conclusion of a divorce. Determining the answer to, do I have to pay alimony in Florida can be complicated.  There is no mathematical formula to determine the amount of alimony a spouse will be required to pay. The amount varies from situation to situation and changes based on the type of alimony that will be received. Therefore, if you need assistance with answering, do I have to pay alimony in Florida contact a divorce lawyer in Tampa for assistance.

Do I Have to Pay Alimony in Florida?

It is difficult to answer, do I have to pay alimony in Florida because there is no specific mathematical formula under Florida divorce law. Instead, the judge will consider many factors to help answer, do I have to pay alimony in Florida. These include the standard of living experienced during the marriage, the length of the marriage, the age of each spouse and health, the economic position of each spouse, if further education will be required for the spouse to support themselves, and what contributions each spouse made during the marriage. See Florida Statute 61.08. In addition, it is important to consider the tax effects of alimony. Usually, alimony is a tax-deductible event for the paying spouse and taxable by the recipient. To determine what factors are likely to impact alimony and the best tax results, it is important to consult at tax professional and divorce lawyer in Tampa.

How Long Do I Have to Pay Alimony in Florida?

Under Florida divorce law, there are five types of alimony a judge can consider during divorce proceedings; temporary, bridge the gap, rehabilitative, durational, and permanent. The type of alimony awarded will determine how long the payments will last. A judge may award any combination of these types of alimony and payments may be made periodically or in one lump sum.

  1. Temporary alimony,  is alimony awarded during the divorce proceeding that ends when the final judgment is entered. See Florida divorce case Littlejohn v. Littlejohn.
  2. Bridge the gap alimony looks what each spouse would need to transition to single life. Bridge the gap alimony is transitional, it takes into consideration bills and foreseeable expenses of starting life without a spouse.
  3. Rehabilitative alimony has goals similar to bridge the gap. Rehabilitative alimony considers the time a spouse may need to further their education or proper obtain employment.
  4. Durational alimony is awarded in short term or moderate term marriages, for a pre-determined amount of time, and cannot exceed the length of the marriage. So if married for two years, a spouse cannot receive durational alimony for more than two years.
  5. Permanent alimony is usually only granted in moderate or long term marriages. It is intended to maintain the receiving spouse at the same standard that was held during the marriage. For more information on permanent alimony click here.

Tampa Divorce Law Firm

A skilled divorce attorney in Tampa can make a big impact in determining do I have to pay alimony in Florida. 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. The divorce attorneys at Florida Law Advisers, P.A. have years of experience in both advocating for and against alimony. With years of experience in family law litigation, we are more than ready to present a compelling case on your behalf and stand firm for what is fair. To speak with a divorce attorney at our firm call us today at 800 990 7763.