Florida Alimony Reform Introduction The Florida Senate has before it Senate Bill 748. The Florida House of Representatives has before it House Bill 549. Both of these Florida alimony reform bills have been substantially modified since the date of their inception. This article will discuss the salient points in the proposed Florida alimony reform legislation. [...]

Child Support –  Agreements between the parties in Florida A Court is not bound by an agreement between the parties concerning child support.  ”It is undisputed, and should be indisputable, that a trial court’s responsibility to the child cannot be abdicated to any parent, any expert. That heavy responsibility mandates that a court is not [...]

Child Custody & Visitation –  in Florida A Court is not bound by an agreement between the parties nor by opinions of experts concerning time-sharing.  ”It is undisputed, and should be indisputable, that a trial court’s responsibility to the child cannot be abdicated to any parent, any expert. That heavy responsibility mandates that a court [...]

Alimony –  Bridge the Gap Alimony in Florida Bridge the gap alimony is appropriate where the receiving spouse is employed, possesses adequate employment skills, and requires no further rehabilitation.  “In contrast to permanent periodic alimony, ‘[b]ridge-the-gap alimony is designed to ease the transition of a spouse from married to single life.’ Hornyak, 48 So. 3d [...]

Alimony –  Standard of Living in Florida Disparity in income alone does not justify an award of permanent periodic alimony. “This court has recognized that ‘[d]isparity in income alone does not justify an award of permanent periodic alimony’ and that ‘[a]n award of permanent alimony is improper where the evidence does not reflect permanent inability [...]

Alimony –  Standard of Living in Florida Alimony is not intended to fund the enjoyment of every luxury enjoyed before the divorce.  “Her alleged needs included the purchase of clothing, a personal trainer, daily maid service, flowers, gifts, club dues and charges, vacations, beauty salon, and spa…Alimony is not intended ‘to fund the enjoyment of [...]

Alimony –  Standard of Living in Florida It is the exceptional case where a couple’s resources are sufficient to maintain two separate households with the same standard of living. “The standard-of-living is not a super-factor” over the other considerations. Donoff v. Donoff, 940 So. 2d 1221, 1225 (Fla. 4th DCA 2006); see Pirino v. Pirino, [...]

Alimony –  Standard of Review of Trial Court’s Rulings in Florida Trial Court’s Decision on whether to award permanent alimony is subject to an abuse of discretion standard of review.   “‘A trial court’s decision on whether to award permanent periodic alimony is subject to an abuse of discretion standard of review.’ Hornyak v. Hornyak, 48 [...]

A payor is required to pay interest on arrearages in child support.  “We also hold that it was error for the circuit court not to require the father to pay interest on the arrearage. See id. (‘The former wife is also entitled to collect prejudgment interest for all arrearages from the initial date that the [...]

A final judgment awarding alimony and child support creates a presumption that the payor has the ability to pay.  The payor bears the burden of proof to demonstrate that the payor cannot pay.  “The final judgment of support created a presumption that the father had the ability to pay child support and to purge himself [...]