Understanding When You Can and Cannot Modify Alimony In Florida

 In Tampa, as throughout the rest of Florida, there is no guarantee that a judge will award alimony during the divorce process. When it is awarded, a judge will take many factors into consideration. The main factors considered are the requesting spouse’s need for alimony, and the other party’s ability to pay it.

Like with other terms of any divorce though, alimony orders are final and legally binding, but they can also be modified, or changed. Modifying alimony can be complex and can only be done under certain circumstances. Below, one of our Tampa alimony and divorce attorneys explain more.

When Can You Modify Alimony in Tampa?

When there are changes to the two main factors considered when awarding alimony, either party can petition the court to modify the original order. If the party paying alimony experiences a substantial change in their income, they or their former spouse can petition the court to modify the order. For example, if the party paying support received a promotion and they earned significantly more than they did during the time of divorce, the other side may argue that they can now afford to pay more in support.

On the other hand, if the party receiving alimony experienced a significant change in their finances, they may petition the court to modify the original order. For example, if the recipient lost their job, they may ask the court to increase alimony payments, at least temporarily, until they can earn a higher income.

When Can You Not Modify Alimony in Tampa?

Although it is often possible to modify alimony payments in certain cases, there are always exceptions to the law. Spousal support orders are no different. There are times when it is not possible to modify alimony orders. These are as follows:

• The original divorce decree did not award alimony: If alimony was not awarded during original divorce proceedings, neither party can go to the court and request that it is ordered in the future.
• The original alimony order was non-modifiable: There are times when the couple will agree that alimony cannot be modified in the future, or a judge may include this provision in the final support order. If the original alimony order included a non-modifiable provision, it is not possible to change it in the future.
• The party requesting a change cannot prove their case: If you cannot prove that your former spouse can afford to pay more alimony, or that you require additional support, your petition to modify the order will likely be denied.

Our Alimony and Divorce Attorneys in Tampa Can Help with Your Modification

In some cases, it is possible to modify original divorce orders. However, obtaining the result you hope for is not always easy. At All Family Law Group, P.A., our Tampa alimony and divorce attorneys can help you through the process so you obtain the best outcome possible. Call our family law lawyers today at 813-672-1900 or contact us online to schedule a free consultation and to learn more about your legal options.  Se habla Español.

Sources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html

Legal Options When the Alimony Payments Stop

Spousal support, or alimony, is a topic that gets a lot of bad press because of the general assumption that this financial assistance is merely an attempt to gouge an ex-spouse out of more money. However, alimony awards are rarely permanent, and more commonly serve to give an ex-spouse sufficient time to acquire the means for self-support. Alternatively, an ex-spouse’s ability to work may be affected by a child with special needs. Thus, this money represents a real financial need and not blatant greed. If these payments stop coming, the recipient can quickly find him/herself in dire financial straits. Consequently, taking quick action to enforce compliance with an alimony award is necessary to prevent the accumulation of a number of delinquent payments. However, a party seeking to avoid paying alimony can sometimes go to great lengths to sidestep this obligation, including transferring money and assets to a new spouse or another family member so he/she can argue the means to pay is no longer present. The ex-wife of a prominent Fort Lauderdale attorney is facing this situation as she tries to collect more than $600,000 in overdue alimony. The woman recently filed a lawsuit against her ex-husband’s new wife, claiming he transferred the bulk of his assets to his new wife to avoid his obligation to pay alimony. Alimony can be a touchy subject, but it is important to actively enforce the right to receive it. An overview of the options a person has to enforce an alimony award will follow below.

Alimony Obligation Generally

Alimony is a financial obligation just like any other – a mortgage owed to a bank or an outstanding balance owed to a credit card company, for example. Consequently, former spouses seeking delinquent alimony are treated as creditors for legal purposes, and gain all the rights a creditor would have to obtain satisfaction of a debt. Enforcing an alimony award requires the use of the legal process – specifically, asking a court to take action to force compliance. As a result, the services of an experienced family law attorney are needed to ensure one utilizes all available legal options to collect the overdue amount. Often, the delinquent party will claim he/she no longer has the ability to pay, a legal requirement of an alimony obligation. But, an experienced attorney will know how to gather evidence of hidden income, fraudulent transfers and/or voluntary job loss through the use of private investigators and statements from witnesses to prove the ex-spouse is capable of complying with the court order.

Methods of Enforcement

The methods for collection of overdue alimony are similar to those used for the non-payment of child support. Typically, the first step in enforcing an alimony award is to file a petition with the family court, requesting the judge take steps to enforce the earlier order and/or hold the party in contempt if the non-payment appears to be willful. The following are some of the options for collection a court can order:

• Money Judgment – The first order needed by a court for enforcement that states how much an ex-spouse owes, and entitles the following specific methods of enforcement.
• Writ of Execution – Permits the seizure of certain property owned by the delinquent party, which is sold, and the proceeds given to the party entitled to alimony. Note that a person’s home is exempt from this measure.
• Writ of Garnishment – Authorizes the deduction of alimony payments directly from the delinquent spouse’s earnings. This enforcement option is most useful when a party does not have assets to seize, and can be set as continuing so that payments can be made periodically.

Get Help

Not receiving the alimony you rely on to cover the expenses of daily living is a situation that calls for swift action. You need a dedicated and responsive family law attorney to pursue your right to payment to the fullest extent permitted. The Tampa Bay law firm All Family Law Group, P.A. understands how essential this support is for some individuals, and offers a free initial consultation to review your situation.  Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

by Lynette Silon-Laguna Google+

Alimony and Potential Alimony Modification

The award of alimony (also known as spousal support) is a key issue at the center of many divorces and must be resolved during the course of a proceeding for dissolution or voluntary property settlement. Alimony is a court ordered payment by one party to the former spouse for purposes of support after the divorce and can vary in type, amount, and duration. Under Florida law, alimony can be structured in a variety of ways, which is determined during the divorce proceedings and generally awarded by a court as part of the divorce decree. Alimony consists of either, or a combination of, bridge-the-gap, rehabilitative, durational, or permanent support paid by one party to the former spouse.

When is Alimony Awarded?

Alimony is determined on a case by case basis by applying several factors. Among the factors a court may consider are the:

• standard of living established during the marriage;
• duration of the marriage;
• age and physical condition of each party;
• available financial resources;
• earning capacity and employability;
• contribution of each party to the marriage (for example, homemaking, child care, and career building);
• tax treatment and consequences of an alimony award; and
• sources of income available to each party.

In addition, a court may consider any other factor in the interest of equity and justice. Due to the wide range of considerations and the unique facts of each relationship, determining the amount of alimony to be paid can be a complex and contentious part of any dissolution proceeding. Unfortunately, issues related to alimony awards often continue even after the divorce is finalized.

Life after a divorce can be unpredictable, and one may find themself, or their former spouse, in different circumstances years after the divorce became final. Often, the spouse affected by a change in circumstances will ask the court to modify its obligations under the original divorce decree. Upon such a request, the court will consider additional factors that may support a decision to modify an alimony award. Factors that may support an adjustment to an alimony award include an involuntary, permanent, and substantial change in the life of the party obligated to make the alimony payment to their former spouse. The most common example is a change in the party’s job or career that is permanent and substantially affects the person’s ability to satisfy their obligations under the original divorce decree. Other reasons may include the fact that the recipient of the alimony award has become involved in a permanent supportive relationship, which may be grounds to reduce or terminate the alimony award.

Our Attorneys Can Help You

Resolving issues of alimony during and after the initial divorce proceeding will have a serious impact on your future. The attorneys of All Family Law Group, P.A. are knowledgeable Florida divorce attorneys who have experience in alimony issues during all stages of a divorce. If you are faced with a change in your circumstances, or a change that may impact your former spouse and their ability to pay an alimony award, we can help protect and assert your rights under Florida law. Contact the alimony and divorce attorneys at All Family Law Group, P.A. in Tampa at 813-816-2232 for a free consultation.

By Lynette Silon-Laguna Google+