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Alimony Attorney in Orlando, Florida (FL)
Aggressive Representation to Protect Your Financial Rights & Interests
Representing High Net Worth Clients With Complex & Contentious Alimony Cases Throughout the State of Florida.
While alimony (also referred to as “spousal support” or “spousal maintenance”) will be awarded in many Florida divorces, the right to receive spousal support is not automatic. The duration and amount of spousal support will have a profound impact on both parties in divorces where this form of financial support is awarded. The function of alimony is to adjust for a substantial disparity in income and earning ability between the parties to a divorce.
When Orlando alimony attorney Beryl Thompson-McClary represents the potentially obligated party, she tenaciously holds the court and opposing party to the legal standard of proving the need of the recipient party and ability to pay of the obligated party. The amount of spousal support generally increases based on the length of the marriage and the magnitude of the disparity of income between the parties, However, the court cannot award spousal support without a determination based on admissible evidence that these showings have been established.
When representing a party seeking spousal maintenance, we carefully investigate and analyze the marital standard of living and income sources of both parties to seek an award that best permits our client to maintain a lifestyle approximating that of the parties during the marriage. Since the same amount of income now must support two households, however, this goal can be unobtainable.
What Divorcing Parties Should Know about Spousal Support in Florida
In 2010, Florida implemented substantial changes to alimony law embodied in Florida Statute 61.08. When considering the amount and length of alimony, the court must weigh the following factors:
- The physical and emotional condition of both parties
- The age of each party
- Income available to either party (including from assets distributed in the divorce)
- Length of the marriage
- Marital standard of living
- Tax consequences of the spousal support award
- Contributions of either party to the marriage (e.g. career building, child care, homemaking, and education)
- Financial resources of each spouse following equitable distribution of assets and liabilities (marital and non-marital assets)
- Parental responsibilities under the time sharingarrangement and parenting plan
- Earning capacity of parties (e.g. education, vocational training, and employability) & time needed for the financially disadvantaged party to become appropriately employable
The Florida alimony statute authorizes courts to award several different types of alimony, which include the following:
- Bridge-the-Gap Alimony: This form of support is designed to assist the lower income spouse in transitioning from married to single status. The funds might cover items like a vehicle and appropriate housing.
- Durational Support: This form of support was created when Florida made significant changes in 2010.This form of alimony continues for a fixed amount of time following a marriage of short or moderate duration not to exceed the length of the marriage. The length of the marriage is calculated from the date of marriage to the date the petition for divorce is filed. Under the statute, marriages are classified as follows:
- Short Duration – Under 7 years
- Moderate Duration – More than 7 years but under 17 years
- Long Duration – 17 or more years
- Rehabilitative Alimony: This form of alimony is awarded based on a specific plan to obtain employment that will provide self-sufficiency. The alimony under the plan might enable the party to pursue a specific education, vocational program, internship, and/or apprenticeship.
- Permanent Alimony: This form of alimony will only be awarded after a marriage of long duration unless there are extraordinary circumstances. Permanent alimony may be awarded when a spouse does not have the capacity to obtain the marital standard of living basedon the spouse’s general needs and necessities of life. The court will consider the factors listed above when deciding what is needed to reasonably maintain the marital lifestyle. The needs of the recipient spouse will be considered higher if the couple had a luxurious lifestyle.
While spousal maintenance is usually awarded on a periodic basis, the court can also award support in a lump sum. Sometimes a court will combine these types of alimony. The court also can award temporary support during the pendency of the divorce.
Modification of Spousal Maintenance in Florida
While our law firm can pursue a modification or termination of permanent spousal support, the standard for obtaining such relief is an unexpected, involuntary, and substantial change in circumstances impairing the obligated spouse’s ability to pay. This is a high standard, so a skilled Florida divorce attorney is essential when seeking this form of relief.
Special Rules for High Net Income Parents
Divorce and paternity actions involving high net worth parents require special expertise for reasons other than the amount of potential income at stake. These types of cases often involve disputed forms of income, multiple income streams, and other compensation that can complicate the process of determining a high earning parent’s income. If the parents’ combined income exceeds $10,000 per month, the presumptive amount of support is the minimum amount of support under the Guidelines plus a percentage of the combined net income over $10,000. The support related to the amount of income exceeding $10,000 is based on a percentage determined by the number of children and the net monthly income above $10,000. If you have more specific questions about child support in cases involving combined income exceeding $10,000 a month, you should seek legal advice from an experienced high-incomechild support attorney by contacting our law firm.
Contact the Law Offices of Beryl Thompson-McClary, P.A. Today
While child custody cases pose difficult challenges for all parents, professional athletes, actors/actresses, professionals, CEOs, and other high-profile individuals are particularly likely to confront this issue. These types of careers often involve significant amounts of money. Attorney Beryl Thompson-McClary has experience representing wealthy business people and celebrities facing these issues, she has the creativity and knowledge needed to strive for a resolution in parental move-away cases favorable to her clients.
Whether you are a husband or a wife with an alimony issue or modification, our law firm can investigate the facts and help fight for your interests. We also provide tenacious advocacy of our clients’ rights in alimony enforcement and modification proceedings. We have law offices in Orlando and practice in Orange, Seminole, Osceola, Lake, Brevard, and Volusia counties. To schedule a free initial consultation with an attorney, you can call our office at 1-888-640-2999.
Call the Law Offices of Beryl Thompson-McClary P.A. Today
Orlando Alimony Lawyer Beryl Thompson-McClary uses creativity, persuasiveness, and experience to assist clients in negotiating alimony that clearly define and protect your financial interests. We do not hesitate to take a case to trial. We have law offices in Orlando and practice in Orange, Seminole, Osceola, Lake, Brevard,and Volusia counties. To schedule a free initial consultation with an attorney, you can call our office at 1-888-640-2999.
390 N. Orange Ave., Suite #2300
Orlando, Florida 32801
Open: 8 AM to 5 PM (weekend or evening are available by appointment)
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