Modification of Alimony Part 7 of 7 | Divorce Attorney Fort Myers/Naples Abatement/Suspension of Alimony Obligation Where the payor lacks the present ability to pay through no fault of his or her own, the payor should not be subjected to the accrual of arrearages. Bennett v. of Revenue, 664 So.2d 33, 35 (Fla. 5th DCA…
Modification of Alimony Part 6 of 7 | Divorce Attorney Fort Myers/Naples Prospective Modification In Pombrio v. Pombrio, 29 So.3d 1208 (Fla. 1st DCA 2010), the trial court prospectively determined that the appellant’s alimony award would cease once she began receiving her share of appellee’s retirement benefit. This prospective modification was an abuse of discretion because…
Modification of Alimony Part 5 of 7 | Divorce Attorney Fort Myers/Naples Retroactive Modification A modification should be retroactive to the date of the filing of the petition seeking the modification as long as there is a finding that the payee had need and that the payor had the ability to pay at the date of…
Modification of Alimony Part 4 of 7 | Divorce Attorney Fort Myers/Naples SUPPORTIVE RELATIONSHIP (b)1. The court may reduce or terminate an award of alimony upon specific written findings by the court that since the granting of a divorce and the award of alimony a supportive relationship has existed between the obligee and a person with whom…
Modification of Alimony Part 3 of 7 | Divorce Attorney Fort Myers/Naples MODIFICATION OF PERMANENT ALIMONY Pursuant to section 61.08(8), Florida Statutes, an award of permanent alimony “may be modified or terminated based upon a substantial change in circumstances or upon the existence of a supportive relationship in accordance with s. 61.14.” Permanent periodic alimony is…
Marital Assets and Liabilities Part 15 of 15 | Divorce Attorney Fort Myers/Naples Enforcement and Modification Contempt power of the trial court cannot be used to settle disputes in rights to property. Contempt can be used to enforce alimony, support, or maintenance awards alone. Contempt does not lie to enforce a property settlement arising out of…
Marital Assets and Liabilities Part 14 of 15 | Divorce Attorney Fort Myers/Naples Justification of Unequal Distribution in distributing the marital assets and liabilities between the parties, the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors, including: (Premise…
Marital Assets and Liabilities Part 13 of 15 | Divorce Attorney Fort Myers/Naples Diminished Assets A circuit court’s valuation of an asset must be supported by competent, substantial evidence. Tradler v. Tradler, 100 So.3d 735, 738 (Fla. 2d DCA 2012). “Substantial evidence” means “‘some (more than a mere iota or scintilla), real, material, pertinent, and relevant…
Marital Assets and Liabilities Part 12 of 15| Divorce Attorney Fort Myers/Naples Corporations. A corporation should be added as a party to the dissolution of marriage proceedings if transfer of the corporate assets is requested by a party. If a corporation is not joined, then the trial court has no power to order a transfer…
Marital Assets and Liabilities Part 11 of 15 | Divorce Attorney Fort Myers/Naples Partition Party must specifically ask the Court to partition marital real property. Include: Property to be partitioned Names and places of residence of the owners Public or private sale of realty Attorney’s fees and costs In the absence of an agreement of the…
