Family Law Blog

Alimony Enforcement in Florida

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 of any subsequent contempt. See § 61.14(5)(a), Fla. Stat. (2010) (“If the obligor subsequently fails to pay alimony or support and a contempt hearing is held, the original order of the court creates a presumption that the obligor has the present ability to pay the alimony or support and to purge himself or herself from the contempt.”). The father did not appear at the contempt hearing and, therefore, did not show that he lacked the ability to purge himself of the contempt within a reasonable time. See id. (“At the contempt hearing, the obligor shall have the burden of proof to show that he or she lacks the ability to purge himself or herself from the contempt.”). Hernandez v. Hernandez

Dedicated Legal Support for Alimony Enforcement

Lane Law Firm understands the challenges that arise when an obligor fails to meet alimony or child support obligations. Enforcing these judgments is important to protecting your financial rights and making sure that court-ordered support is received consistently.

Our skilled attorneys provide vigorous representation for clients facing enforcement issues, particularly in cases involving complex financial situations and high-net-worth individuals.

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 So. 3d 858, 861 (Fla. 4th DCA 2010); see Mondello v. Torres, 47 So. 3d 389, 396 (Fla. 4th DCA 2010) (noting that “the nature and amount of an award of alimony is a matter committed to the sound discretion of the trial court” (citation, internal quotation marks, and alteration omitted)); § 61.08(2), Fla. Stat. (2009). Beasley v. Beasley

Expert Guidance on Alimony Decisions and Appeals

Lane Law Firm recognizes that decisions regarding permanent alimony are highly discretionary and depend on numerous factors, including the duration of the marriage, financial resources, and each spouse’s needs.

Because appellate courts review such decisions under an abuse of discretion standard, challenging or defending an alimony award requires nuanced legal expertise and a thorough understanding of Florida family law.

Unmarried Fathers and Unmarried Mothers and Contempt of Court in Florida

This paternity case involved an unmarried mother and an unmarried father in Hillsborough County, Florida. This litigation started when the child was 16 months old. The parties were initially able to settle matters involving their personal property. However, disputes about the child continued for many years. After an August 2008 hearing, the trial court entered a temporary order awarding majority time-sharing to the father. The remaining issues were referred to a general magistrate. The general magistrate did not conduct a hearing on these issues for two years. One of the parents objected, and the reviewing court did not issue an order for three more years. The mother objected to this ruling and the court did not rule on the mother’s objections for another two years.

The father was then found in contempt of court for violating the temporary timesharing order. In the contempt order, the father lost his majority timesharing with the child. The court granted a custody modification and awarded the mother equal timesharing. The father was also admonished not to exercise sole parental responsibility and was ordered not to engage in conduct that hindered effective co-parenting.

The Court of Appeal ruled that trial courts in Florida cannot modify custody orders as a sanction for contempt of court. Motions for contempt are filed to enforce the provisions contained in parenting plans contained in court orders. Trial courts are prohibited from modifying custody provisions as a sanction for a party’s contempt of court. The reason for this is that the penalty of changing custody does not compel compliance. Instead, it punishes the child for the parent’s misconduct. The Florida Court of Appeal ruled that the better course of action is to grant additional visitation or make-up visitation. The Court held that a trial court may not sanction a parent by reducing his or her timesharing. This sanction is not permitted as a matter of law in the State of Florida. Accordingly, the trial court’s order was reversed and the case was remanded to the trial court.

DIVISION OF BUSINESSES IN A FLORIDA DIVORCE

Divorce proceedings in Florida often involve the division of businesses.  Courts typically effectuate the division of property and assets in a Florida divorce in such a manner as to allow the operating spouse to retain his or her ownership in the business.  Florida Courts will not require spouses to remain in business together when one or both spouses do not want to continue to do.  Courts will not award each spouse a one-half interest in a business and require them to continue to be business partners. 

In a Florida divorce, courts will obtain a proper valuation of the business and award the business to one of the spouses.  The court will then devise a plan of equitable distribution that is fair to both parties and that causes the least amount of interference with the business.  The court will award the business to one of the spouses and require that spouse to fairly compensate the other spouse.

In a case captioned Bowen v. Volz, the lower court divided a business owned by a husband and wife. The trial court awarded each party a fifty percent interest in their business. The Florida Court of Appeal reviewed this decision and began by commenting on the lack of evidence that was presented to the trial court concerning the value of the business. The Florida Court of Appeal then reversed the trial court.

Modification During Pendency of Appeal in Florida

Trial Court has jurisdiction over a petition for modification during the pendency of an appeal. “Both the Third and Fourth Districts have held that the trial court has jurisdiction over a petition for prospective downward modification of alimony and/or child support even while the appeal of an initial award of alimony and child support is pending because “‘[t]he granting of modification relief prospectively would have no effect on the order being appealed.’” Atlas v. Atlas, 708 So. 2d 296, 298 (Fla. 4th DCA 1998) (quoting Merian v. Merhige, 690 So. 2d 678, 681 (Fla. 3d DCA 1997) ) (emphasis added).” Cooper v. Cooper

Skilled Legal Representation for Modifications During Appeals

Modifications of alimony or child support during the pendency of an appeal can be legally complex and require precise navigation to protect your rights and financial interests.

At Lane Law Firm, our experienced attorneys bring decades of expertise in handling high-net-worth divorce and family law cases. We provide strategic advice tailored to your unique situation.

Failure to Exercise Visitation in Florida

Failure to exercise time-sharing results in an adjustment of child support. “We previously held that application of section 61.30(11(b) is mandatory. Seiberlich v. Wolf, 859 So. 2d 570, 571 (Fla. 5th DCA 2003). Florida law mandates a reduction in child support whenever the non-custodial parent spends a “substantial amount of time” with the child. § 61.3O(1)(a), Fla. Stat. (2006). It seems intuitive that, conversely, the failure to spend time with a child mandates the forfeiture of the right to a reduction in child support.

The Legislature has specifically provided that a parent’s failure to exercise court-ordered or agreed-upon time-sharing, not caused by the other parent, resulting in the adjustment of child support, “shall be deemed a substantial change of circumstances…” § 61.30(11)(c), Fla. Stat. (2001). That modification is “retroactive to the date the noncustodial parent first failed to regularly exercise court-ordered or agreed visitation. Id.” Buhler v. Buhler

Protecting Your Financial Interests in Time-Sharing and Support Cases

When a parent fails to exercise their court-ordered visitation rights, the impact on child support calculations can be significant. Florida law recognizes this as a material change in circumstances, which opens the door for a modification in support obligations.

Date on Which the Child Support Award Modification Takes Place in Florida

Child Support Award Modification – Date on Which the Modification Takes Place in Florida

When the court makes an allocated award for each child, the modification is retroactive to the date the child reaches majority, and pre-dates the filing of the modification petition. “Furthermore, when the issue is arrearages, the obligor is entitled to a retroactive reduction pre-dating a modification petition, consistent with the statutory child support guidelines. See, e.g., State, Dep’t of Revenue ex rel Ortega v. Ortega, 948 So. 2d 855,857 (Fla. 3d DCA 2007) (explaining that, in the McClung decision, the court was ‘careful to distinguish those authorities that refused to retroactively modify an unallocated support award from the case then before us involving what we determined to be an allocated award…’). Gilbert v. Cole.

Understanding the Timing of Child Support Award Modifications in Florida

Lane Law Firm recognizes that the timing of child support modifications can significantly impact both parents’ financial responsibilities and rights.

Florida law allows certain child support modifications to be applied retroactively, often to key dates such as when the child reaches majority or prior to the formal filing of the modification petition.

Adultery in Alimony Cases in Florida

In making an alimony award, adultery and infidelity can only be considered by the trial judge when the adulterous conduct involves the dissipation of marital assets. In a case captioned Keyser v. Keyser, the parties were married for twenty-years. This is considered a long term marriage. When there is a long term marriage, there is an initial presumption that an award of permanent alimony is appropriate. It was also alleged in Keyser v. Keyser that one of the spouses engaged in marital infidelity.

The Florida Court of Appeal recently stated that in making an alimony award, a trial judge is permitted to consider a spouse’s infidelity. The Florida Court of Appeal pointed out that Florida Statutes Section 61.08(1), allows the trial judge to consider adultery in making an alimony award. However, the Court stated that without a showing that marital assets were used to support the allegedly adulterous behavior, infidelity is not an appropriate basis for awarding a larger share of the parties’ marital assets to the innocent spouse. The Appellate Court also stated that adultery is not a sufficient basis to deny an award of alimony to the other spouse. Finally, even if adultery does take place, the payor’s ability to pay and the payee’s need are the primary factors that the trial court should consider in making an alimony award 61.08. In making an alimony award the trial court must first determine whether the payor has the ability to pay alimony and whether the recipient has an actual need for alimony before it considers the other statutory factors set out in Florida Statutes Section 61.08.

To speak with an alimony attorney in Palm Beach County, contact Matthew Lane & Associates, P.A. at (561) 363-3400.

Alimony in Wellington and Palm Beach Gardens, Florida

In a recently decided alimony case captioned Jimenez v. Jimenez, the Florida Court of Appeal stated that in reaching a decision concerning alimony, a trial court is required to consider every one of the factors set forth in the Florida Statutes. In deciding whether or not to award alimony, a trial court is required to decide whether one of the parties has the ability to pay alimony and whether the other party has the need for alimony. If a court determines that one party has the ability to pay alimony and that the other party has the need for alimony, the court is required to consider all of the following ten factors. First, the standard of living established by the parties during the marriage. Second, the length of the marriage. Third, the physical and emotional condition of each of the parties and the age of the parties. Fourth, each parties assets and liabilities. Fifth, the parties’ earning capacities and the need for additional training and education. Sixth, each of the parties’ contribution to the marriage. Seventh, the need to stay home with any minor children. Eighth, the tax consequences of an award of alimony. Ninth, each parties’ sources of income from employment or investments. Tenth, any other factor that the court considers is necessary to reach a fair and just resolution of the matter.

In the event that the trial court fails to consider all of the alimony factors, the case will be reversed on appeal. At that point the case will be remanded to the trial court to retry the case.

To speak with an alimony attorney in Wellington and Palm Beach Gardens, Florida, contact Matthew Lane & Associates, P.A. at (561) 363-3400.

Modification of Alimony in Palm Beach Gardens

In a modification of alimony case, a payor’s alimony obligation can be reduced when the recipient voluntarily reduces their needs. In a recently decided case captioned Regan v. Regan, the trial court granted the Husband’s petition for modification.  The trial court permitted a reduction of the Husband’s alimony obligation from $9,000 per month to $7,800 a month. When the parties were divorced, they agreed that the Husband would pay $9,000 per month. The wife also received retirement accounts and investment accounts as part of the settlement. After the divorce, the wife significantly reduced her expenses by moving to another state, selling the marital house, and purchasing a smaller home. The trial court found that these reductions constituted a substantial change of circumstances and warranted a modification of alimony.

The Florida Court of Appeal held that where a party is required by the court to make alimony payments and the financial ability of either of the parties changes, either party is entitled to apply to the court for a modification of alimony. The trial court has the authority to make changes that equity requires, taking into account the parties’ changed financial ability or the circumstances of the parties. The trial court has the authority to increase or decrease alimony. In order for a modification to be granted there must be a substantial change in circumstances that was not contemplated at the time of the divorce which is material, sufficient, involuntary and permanent. The involuntary aspect has been applied where a party’s ability to pay is reduced. Where a recipient voluntarily reduces his or her living expenses, a reduction in alimony may also be granted. Where, as here, the recipient spouse’s expenses are reduced by more than one half as a result of her reducing the size of her home and moving out-of-state, the Husband’s alimony obligation may be reduced.

To speak with a modification of alimony attorney in Palm Beach Gardens, Florida, contact Matthew Lane & Associates, P.A. at (561) 363-3400.