The Law Offices of Eve McClurg, PA.

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The Law Offices of Eve McClurg, PA.

There are different types of alimony that can be awarded. Temporary alimony is usually ordered during the proceeding and lasts until there is another court order or agreement by the parties. Bridge the Gap alimony is awarded to allow the party support during the transition period from being married to single but cannot exceed two years. Rehabilitative alimony is awarded to assist the party until they obtain employment or complete their education. Durational alimony is awarded for a set period of time, if permanent alimony is not appropriate. Lump sum alimony maybe awarded if the payor can do a onetime payment. Permanent alimony lasts until the death of the parties, until the recipient is in a supportive relationship, or until the party remarries.

If My Spouse Committed Adultery, Does That Affect Alimony Or Spousal Support?

The state of Florida doesn’t have grounds that you have to prove in order to get your divorce, so you don’t have to prove adultery, abandonment, or cruelty. However, it may be a factor to bring to the court’s attention. For example, if one party has depleted the marital assets by spending marital funds on their mistress, we can ask the court for an unequal distribution. Also, this may be a factor the courts may consider for alimony purposes.

What Factors Does The Court Consider In Determining Who Will Have Custody Of The Children?

In the State of Florida, the courts do not award custody. The term was abolished as the parties were fighting over custody more than what was in the best interest of the child. We use the term “time sharing.” There are a number of factors that the courts will consider in order to determine who will have timesharing with the children. The first thing the courts look at is what is in the best interest of the child. The Court may consider which parent will facilitate and encourage a relationship with the other parent, any substance abuse, domestic violence, living environments, the age of the children, the distance between the parties’ homes, and any factor relevant to the child. Before any hearing or trial, I specifically review the factors that the courts must consider pursuant to the statute. This ensures that the courts have the testimony and evidence from my clients to make a proper ruling.

Is There A Certain Age Where A Child Can Decide Who He Or She Wants To Live With In Florida?

Children may have a voice in the proceedings, but they do not have a choice. Generally, the courts do not involve children in divorce proceedings and adult decisions. In addition, it is frowned upon when one parent discusses the litigation and the proceedings with the child or makes negative comments to the child about the other parent. However, if the Courts determine that the child is of sufficient intelligence, understanding, and experience to express their preference, the judge may allow the child to state his or her preference.

Who Will Generally Pay Child Support In A Divorce? Is It Always Awarded?

When determining child support, the courts will look at the income of the parties and determine who is paying for health insurance, daycare, out of pocket expenses, and the number of overnights. If the parties have a 50/50 overnight plan and their incomes are about equal, child support may not be awarded. However, if one parent has more overnights than the other parent, then child support will be awarded to the person who has more overnights.

Can A Child Support Or Child Custody Order Ever Be Modified?

Issues related to the children are always modifiable based on a substantial permanent material change in circumstance. For example, time sharing may be modified if one party moves or due to substance abuse of the parties, abuse of the children, or neglect. Child support can be modified based on a substantial change in circumstances or that the party’s income has changed. Generally, that is a change in the income of the parties or in the time-sharing plan.

For more information on Payment Of Alimony Or Spousal Support, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (239) 334-4383 today.

Eve McClurg

Call Now For A Free Case Evaluation
(239) 334-4383