What Factors Determine a Former Spouse’s Entitlement to Alimony?

A fact of modern divorce is that a former wife, or a former husband, is not always entitled to alimony. One factor that determines the amount, if any, of alimony is the proof of a spouse’s need. Another element is the paying spouse’s ability to meet that liability.

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This is a question that requires the finding of fact by the trial court.  In order to be in contempt, the payor just be willfully failing to follow the the court order.  If it's not willful, it's not contempt. So, we generally have a conflict when it comes to contempt to pay support awards.  The recipient says the payor is in contempt and has the present ability to pay.  The payor says he/she does not have the ability to pay. 

The critical factor is really, what is the question of law?  If one says, 'no,' the other says, 'yes,' who how is the court to decide?  Well, the court must truly examine all the evidence presented to assess whether the payor has the present ability to pay, but there is a legal presumption at play.

As we were reminded in the November 9, 2011 4th DCA case of Hernandez v. Frontiero, "The final judgment of support created a presumption that the father had the ability to pay child support and purge himself of any subsequent contempt."

The lengthy nature of divorce proceedings typically results in a period in which the former spouses are separated and one spouse is providing the other spouse with some financial support.  However, that support paid during a separation may, or may not, entitle the paying spouse to credit regarding support that a divorce decree awards the other spouse.

Interested in knowing your rights and obligations in a divorce proceeding? Schedule a consultation and you'll be able to meet with a Palm Beach Gardens Divorce Lawyer.  To do so, just call our office at (561)472-0919 or click on  "Divorce Consultation" and complete a consultation request form.

Ms. Cortese’s objection to the trial court awarding Mr. Cortese credit for payments that Mr. Cortese made during the separation period brought that issue in the divorce case of Cortese v. Cortese before the Florida 5th DCA (appeals court.) The appeals court issued its decision on October 14, 2011.

The legal system does allow pursuing a legal remedy for overdue divorce-related support. Pursuing this right requires acting diligently when an arrearage develops. 

Interested in knowing your rights and obligations in a family law proceeding? Schedule a consultation and you'll be able to meet with a Palm Beach Gardens Family Law Attorney.  To do so, just call our office at (561)472-0919 or click "Family Law Consultation" and complete a consultation request form.

The issue before the Florida 1st DCA (appeals court) in proceedings related to the divorce case of Jackmore v. Jackmore was whether the Florida trial court should have honored the support enforcement order that Ms. Jackmore obtained from a New York state court. The appeals court issued its decision on October 6, 2011.

The concept of imputed income is a little tricky in that it treats someone as having income that that person does not actually receive. One way that this can apply in divorce proceedings is that imputed income can be considered when determining a support duty.

Interested in knowing your rights and obligations in a family law proceeding? Schedule a consultation and you'll meet with a Jupiter Divorce Attorney.  To do so, just call our office at (561)472-0919 or click on "Divorce Consultation" and complete a request form.

Mr. Torres asked in the divorce proceeding of Torres v. Torres that the Florida 2d DCA (appeals court) review the decision of the trial court to impute income to him regarding his child support duty. The appeals court issued its decision regarding that issue on September 28, 2011.

One downside to receiving alimony is that the recipient must pay income tax on the awarded amount, unless agreed otherwise in the marital settlement  agreement.  A court may award that spouse compensation for that liability if the individual circumstances warrant such an accommodation.

Interested in knowing your rights and obligations in a family law proceeding?  Schedule a consultation and you'll be able to meet with a Palm Beach Gardens Family Law Attorney.  To do so, just call our office at (561)472-0919 or click on  "Palm Beach Family Law Attorney" and complete a contact form.

Mr. Edge objecting to the trial court requiring that he reimburse Ms. Edge for the federal income taxes that she paid on seven years of alimony brought that dispute in the divorce proceedings in Edge v. Edge before the 3d DCA (appeals court.) The appeals court issued its decision on September 7, 2011.

The fact that alimony awards should reflect the needs of the former spouse who receives it and the ability of the former spouse who is liable for it to pay it when a divorce decree is issued supports allowing either former spouse to request a modification of that duty if that need and/or that ability to pay changes during the post-divorce period in which that obligation exists.

Interested in knowing your rights and obligations in a family law proceeding?  Schedule a consultation and you'll be able to meet with a Palm Beach Family Law Attorney.  To do so, just call our office at (561)472-0919 or click on  "Palm Beach Family Law Attorney" and complete a contact form.

The former wife challenging the trial court’s grants of the former husband’s requests to abate and modify his alimony obligation in Simpson v. Simpson required that the Florida 4th DCA (appeals court), which serves Palm Beach County, review that decision. Other entries in this forum discuss controversies regarding whether the former husband could be held in contempt for not making agreed-to payments on the former wife’s car loan and the consequences of a retirement fund that the former wife was awarded losing value before it was transferred to her.

How Do Pending Appeals in a Divorce Proceeding Affect Alimony and Child Support Requests?

The phrase “messy divorce” being so well known illustrates that most divorce proceedings do not follow the “clean” pattern of having a trial court issue a divorce decree to which neither a former wife nor a former husband objects. Issuing that decree often triggers an and appeal and sometimes an extended legal battle.  Either way, if you are in either situation, you'll benefit from understanding the limits on the ability of an appeals court to review a trial court’s decision.

Interested in knowing your rights and obligations in a family law proceeding?  Schedule a consultation and you'll be able to meet with a Palm Beach Family Law Attorney.  To do so, just call our office at (561)472-0919 or click on  "Jupiter Family Law Attorney Contact Form" and complete a contact form.

The amount of spousal support, which most people think of as alimony but has differences that are best explained by an attorney, that are awarded in a divorce proceeding reflect several things; these include the financial and less tangible contributions of the former spouse who is awarded support to the marriage, the reasonable financial needs of that former spouse and the children, and the ability of the former spouse who is ordered to pay that support to meet that obligation.

Interested in knowing your rights and obligations in a family law proceeding?  Schedule a consultation and you'll be able to meet with a Palm Beach Family Law Attorney.  To do so, just call our office at (561)472-0919 or click on "Palm Beach Gardens Divorce Attorney Contact Form" and complete a contact form.

Another posting in this forum discusses a Florida appeals court’s review of the distribution of the marital property in the divorce proceedings Vanzant v. Vanzant. Our current discussion of this case centers on a dispute regarding the validity of the award of alimony and child support to the former wife.

Obtaining a divorce decree that addresses each former spouse’s legal rights and responsibilities is often not the end of the story.  One of numerous examples of this is a former spouse not paying alimony and/or child support prompting a proceeding to collect overdue amounts. A court’s tools for enforcing this obligation include ordering that the spouse who did not obey the divorce decree be jailed until he or she makes the necessary payment.

Interested in knowing your rights and obligations in a family law proceeding?  Schedule a consultation and you'll be able to meet with a Palm Beach Family Law Attorney.  To do so, just call our office at (561)472-0919 or click on  "West Palm Beach Family Law Attorney Contact Form" and complete a contact form.

A former husband asked that the 3rd DCA (appeals court) in Florida review the trial court’s grant of a wife’s request in Keeler v. Keeler to address the former husband’s failure to stay current with the support payments that their divorce decree required that he pay.