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+

High-Profile Divorce Attorney Discusses Bigamy

A recent divorce hearing involving Florida U.S. Representative Alan Grayson and his wife of 35 years Lolita Grayson captured the attention of media outlets not only because of Rep. Grayson’s vast fortune (approximately $30 million) but also because of allegations of bigamy leveled against Ms. Grayson. Ms. Grayson is seeking a part of Rep. Grayson’s fortune as alimony. Rep. Grayson, through his attorneys, is claiming Lolita is a bigamist and was legally married to another man at the time she and Rep. Grayson married. This would enable Rep. Grayson to be granted an annulment and deny Ms. Grayson any alimony at all.

Bigamy – What is Florida’s Stance?

A person who, while legally married to another, marries a second spouse is guilty of bigamy under Florida law. The former spouse must be living at the time the second marriage takes place, and in order to be prosecuted as a crime the second marriage must usually take place in Florida. There are several exceptions to the bigamy statute; namely, a person is not guilty of bigamy if he or she reasonably believes the first spouse has died or reasonably believes he or she is legally eligible to be remarried.

Aside from being a criminal act, a spouse who marries another while he or she is still legally married to the first spouse has entered into a void marriage. This type of marriage is not valid from the outset and the legality of the marriage can be challenged at any time. As illustrated in the Grayson case, a void marriage can result in an innocent spouse being denied spousal support even if the two parties have been together for decades.

What Should I Do if I Believe My Spouse is a Bigamist?

Claiming that your spouse is a bigamist is a serious allegation that can have equally serious legal and financial ramifications for you and any children you and your spouse had together. It is best to consult with an experienced family lawyer before proceeding to court, especially if you are the “second spouse,” because:

• If your marriage is found to be void, you will lose any alimony and other benefits you would otherwise be entitled to; and
• Children born in a void marriage are not considered “legitimate” children since the marriage was never valid. The father will have to go through a “paternity action” to be legally considered the father and which action will establish timesharing and child support. If the mother wants to receive child support and other benefits for the children, then she would have to pursue a paternity action.

Bigamy in a marriage is rare; however, it does happen with and without the consent of all the parties. Before you take action yourself, contact a Tampa divorce attorney at All Family Law Group, P.A. We can examine the facts of your particular situation and advise you as to whether your spouse has committed bigamy and what this means for you. We will help you take the best steps for your future and the future of your children. Contact our offices in Tampa Bay at 813-321-3421 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+

The End of Permanent Alimony in Florida

Legislators are considering whether it is time to end the availability of permanent alimony in Florida divorces. House Bill 943 was filed in late February; if passed, the bill would eliminate permanent alimony as well as allow alimony obligations to end upon the retirement of the obligor. Presently Florida is only one of a few states that allows permanent lifetime alimony awards that end only upon the death or remarriage of the recipient.

What is Alimony?

Alimony (sometimes referred to as spousal support) is a payment made by one spouse – the obligor – to the other spouse – the obligee – for the purposes of enabling the obligee to maintain a certain standard of living following a divorce. Usually an alimony award is only in effect for a limited time and is meant to give the obligee a “helping hand” while he or she reestablishes him- or herself. Permanent alimony – that is, a lifetime alimony award that only ends when the obligee remarries or dies – is currently available in certain limited circumstances.

In order for a Florida court to order alimony, there must be both a need for the alimony from the obligee as well as an ability to pay from the obligor. If both of these are present, the court may award alimony. Other than permanent alimony, a court can order:

• Temporary alimony, which lasts while the divorce is pending and ends automatically when the divorce is finalized.
• Bridge-the-gap alimony, which begins after the divorce is finalized but lasts only a maximum of two years. This type of alimony is meant to provide for the obligee’s living expenses while he or she completes a job retraining program or while the obligee sells the marital home (for instance).
• Rehabilitative alimony, which provides for the expenses of the obligee while he or she undergoes a retraining or education program so he or she can secure appropriate employment. When rehabilitative alimony is requested, the obligee must submit a plan outlining the money and time necessary to complete the plan.
• Durational alimony, is alimony that is awarded for a specific length of time and when other forms of alimony are not adequate. Durational alimony is not able to be awarded for a time period greater than the length of the marriage.

Have alimony questions?  The Tampa divorce lawyers at All Family Law Group are here to help!

Regardless of whether you are the obligor or obligee, an alimony award (or no alimony award) can have serious ramifications on your family’s budget. It pays to have a knowledgeable Tampa divorce attorney review the facts of your case to determine if you are entitled to alimony and, if so, in what amount. If you are an obligor or are threatened with a demand for alimony, we can argue the facts of your case and help demonstrate to a court that no alimony award is appropriate. Contact our offices in Tampa Bay at 813-321-3421 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+