Is Alimony Or Spousal Support Always Awarded In a Divorce Case?
In divorce cases, there are a number of factors that the court will consider in order to determine whether or not alimony should be awarded to either party. First, the court will look at one party’s need and the other party’s ability to pay. If one party can show a need for alimony and the other party has an ability to pay, the courts will then look at the other statutory factors to determine if and how much alimony should be awarded. It is important to contact me to determine if there is a viable claim for alimony and whether it would be awarded in your case.
Can The Amount Of Alimony Or Spousal Support Ever Be Changed?
An award of alimony may be changed during the proceedings. For example, the Court may enter an award of alimony while the proceedings are pending and at trial may increase, decrease or terminate the alimony. In most cases, after the case is final if you can show a substantial circumstance change, either party may file a modification to change or terminate the award of supposal support. For example, the payor may have lost their job or the recipient may have found gainful employment. A successful modification may include a decrease, increase or termination of spousal support.
If My Spouse Or I Committed Adultery Would That Impact Alimony Or Spousal Support in a Divorce?
In the state of Florida, all you have to allege for a divorce is that the marriage is irretrievably broken. There are no grounds for divorce. We don’t have to prove cruelty, abandonment, or adultery. However, adultery may be an issue that would impact your divorce. For example, in the equitable division of the assets and liabilities. For instance, if one party has taken marital funds, used them towards their affair, and squandered them, the courts can award the other party unequal distribution in their favor because the assets were not used for a marital purpose. The courts may consider adultery in a divorce as a factor necessary to do equity and justice between the parties.
What Are My Rights If My Ex-Spouse Fails To Pay Spousal Support?
If a party is court ordered to pay alimony and has failed to do so, the other party can file a motion for contempt and sanctions. The motion for contempt will include sanctions against the other party, which might mean that they have to pay your attorney’s fees, liquidation of assets or an income deduction order. In addition, we can file criminal sanctions, which means if the court finds that the other party has willfully violated a court order and has the ability to pay but failed to do so, the court can throw the other party in jail, enter a purge amount, and require the purge amount to be paid before the other party can get out of jail.
For more information on Alimony/Spousal Support Issues In Florida, a free case evaluation is your next best step. Get the information and legal answers you are seeking by calling (239) 334-4383 today.
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