Matthew Lane & Associates, P.A.
PALM BEACH GARDENS, WEST PALM BEACH, WELLINGTON, BOCA RATON561-328-1111

August 2019 Archives

Alimony in Boca Raton, Florida

An alimony issue was recently decided by the Florida Court of Appeal in a case captioned Cooper v. Cooper. In this case the husband appealed a divorce judgment obtained by his wife. The trial court awarded the wife permanent alimony. The Husband contended that the amount of the alimony award was improper. The Florida Court of Appeal agreed. In calculating alimony, the trial court included the husband's total income which consisted of the husband's salary and bonuses. The Florida Court of Appeal ruled that the ability to pay alimony is based on net income, not total income. Therefore, the appellate court reversed the alimony award and remanded the case back to the trial court with directions that the trial curt should issue an award based upon the husband's net income. Additionally, the appellate court directed the trial court to calculate the tax consequences of the support award on the husband's net income. Finally, the Florida Court of Appeal instructed the trial court to determine whether life insurance was required to secure the payment of the alimony award based on the cost of the insurance, its availability and the need for this insurance.

Alimony in Boca Raton, Florida

In awarding alimony, the trial court is required to take into account the payor's living expenses. In a recently decided case before the Florida Court of Appeal captioned Will v. Will, the husband appealed the lower court's award of alimony. The husband challenged the alimony award, because the trial court erred in determining his ability to pay without taking into account his living expenses. The Florida Court of Appeal reversed the lower court's alimony award. The Florida Court of Appeal stated that when a trial court calculates alimony, it is required to take into account the payor's living expenses when determining the payor's ability to pay. In determining a payor's ability to pay, a court must consider the payor's necessary and reasonable living expenses. An award of support must take into account the payor's living expenses. An award of alimony shouldn't substantially endanger a payor's economic status. Since the lower court failed to take into account the husband's living expenses, the Florida Court of Appeal reversed the award and ordered the court to consider the husband's living expenses and his current income in calculating the appropriate alimony award.

Child Custody and Visitation for Same-Sex Couples in Florida

Child Custody and Visitation for Same-Sex Couples in Florida was recently discussed by the Florida Court of Appeal in a case captioned Springer v. Springer. In Springer v. Springer a child was born to a biological mother while she was in a same-sex relationship. Her partner asked the Court to recognize a parenting plan that both parties entered into. The parties started their relationship in the State of Ohio. The Biological Mother became pregnant by a donor's sperm. The Former Partner had no biological connection to the child. The parties entered into a timesharing agreement which contained a provision that the parties were to share timesharing and parental responsibility. The parties separated after they moved to Florida. The parties did not marry and the child was not adopted by the Former Partner. The Former Partner sought time-sharing and parental responsibility of the child.

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Palm Beach Gardens Office
The Financial Center at the Gardens
3801 PGA Boulevard
Suite 600
Palm Beach Gardens, Florida 33410

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Phone: 407-917-5005
Phone: (561) 328-1111
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