Are you paying too much alimony, or should you be receiving more? In Florida, alimony is based on two primary factors: Need and ability to pay. Does one party need funds and does the other party have the means to pay for it? That is only the beginning of the analysis, however. If you are asking yourself these questions, you should consult with a Palatka alimony lawyer.
The amount of alimony and the type, whether permanent, durational, rehabilitative, bridge-the-gap, or lump sum, is based on several factors and provisions spelled out in the Florida Statutes. Every Palatka alimony lawyer at Douglas Law Firm understands all of the nuances of an alimony case. We are standing ready to fight for your rights. We also know that whether you receive or pay alimony – how much, and for how long, has huge implications on your day to day life. That is why you need someone on your side to make sure you are not being taken advantage of at the expense of the other party.
How Florida Courts Decide Whether to Order Alimony
Alimony, or spousal support, is money that one spouse is ordered to pay the other when a couple gets a divorce. A judge deciding whether to order spousal support looks at a number of factors; each of which is designed to gauge the spouses need and ability to pay. Your Palatka alimony attorney can help you determine if alimony should be applied in your divorce.
The factors used to determine alimony include:
- The standard of living during the marriage
- The duration of the marriage
- The spouses incomes and earning capacities
- Other financial resources
- Age
- Any physical or medical conditions, including emotional health of the spouses
- Child custody and responsibilities to the spouses kids
- Each spouse s contribution to the marriage, which may include homemaking, childcare, and education
If the judge determines that one spouse should be required to pay alimony to the other, the court must then determine how much support must be paid and how long those payments should last.
Palatka Alimony Attorney Explains How to Calculate Spousal Support
Courts often review several of the same factors listed above when determining the amount of alimony payments.
In some cases, a court has the authority to impute unearned income on a spouse who has been found to be voluntarily limiting his or her income, which effectively reduces the amount of alimony that he or she might otherwise receive.
The duration of alimony payments typically depends on how long the spouses were married. Florida law skews against permanent alimony in short-term marriages or those that last less than seven years. In some situations, limited alimony may also be awarded to “bridge the gap” during the transition out of the marriage or in a one-time, lump-sum payment.
It is also important to note that alimony and spousal support payments can apply to both men and women. While traditionally a husband pays alimony to his wife, the industry has seen a rising trend in women paying spousal support. Florida law outlines that both men and women can be qualified for alimony if there s a large discrepancy in spousal income.
Modifying Alimony Orders
Either spouse can work with a Palatka alimony lawyer and ask a court to later reconsider and modify a permanent alimony order at any time.
To get the amount changed or to eliminate the payments altogether, the person seeking the modification must show that there has been a substantial change in circumstances to justify it. That often happens when a person receiving alimony remarries and may no longer need financial support.
If you are looking to change a support order or if you are fighting your former spouse s attempt to get the order modified, a Palatka alimony lawyer at Douglas Law Firm can help you make the strongest possible case in court.
Are My Florida Alimony Payments Tax Deductible?
If your divorce was finalized on or after January 1, 2019, your alimony payments cannot be deducted from your income, and the receiving spouse does not report the payments as income. Historically, alimony payments were tax-deductible, and the receiving spouse claimed the payments as income. Tax laws change from year to year, so it is advisable that you discuss your situation with a Palatka alimony lawyer.
Get Help Today, Schedule a Consultation with a Palatka Alimony Attorney
A Palatka alimony attorney can help guide you through the legal process. Call today for a free consultation 800-705-5457 and to learn about your legal rights.