With some exceptions, Alimony and Child Support are always modifiable. The operative question is whether modification is prudent, under the circumstances, for you. The threshold question facing the courts in a modification action is whether there has been a change in financial circumstances. But not just a simple change in circumstances is needed. The types […]
Category: Alimony
How Do Child Support and Alimony Payments Get Taxed In The U.S.?
Pursuant to Publication 504 from the Internal Revenue Service (IRS), child support is not considered taxable income to the parent receiving support payments on behalf of a minor child. Moreover, the receiving parent cannot consider the payments as income for purposes of trying to utilize the child tax credit. With that said, child support is […]
Ketcher v. Ketcher
In Ketcher vs. Ketcher, the amount of alimony awarded was remanded because the Final Judgment lacks findings supporting the award. Also, the order that the Husband secure life insurance coverage of $100,000 was remanded because it exceeds the debt that he was ordered to pay, and there are no findings discussing the discrepancy. ketcher-v-ketcher
Addie vs. Coale
Addie vs. Coale has a history in the 4th district. When it was first appealed, it was remanded for reconsideration of the alimony and child support aspects of the final judgment. On remand, the successor trial judge entered an alimony and child support award, but it was deficient in that findings were not made on […]
McGlynn vs. Tallman-McGlynn
In McGlynn vs. Tallman-McGlynn, we are reminded that if you include bonus income in your financial affidavit but want to argue that it should not be included in net income for alimony or child support, you should be prepared to present evidence supporting the claim that the bonus income is non-recurring. Also, the Former Husband […]
Lathrop vs. Lathrop
In Lathrop vs. Lathrop, the trial court rightfully awarded alimony, but it erred in requiring that the alimony be secured by life insurance. In the absence of special circumstances, a spouse cannot be required to maintain life insurance for the purpose of securing an alimony obligation. A final judgment of dissolution must set forth sufficient […]
New Florida Alimony Guidelines in Florida
Florida is one step closer to having specific guidelines for alimony. A bill has passed through the legislature. If approved by the governor the bill would become law on October 1, 2016. Presently, alimony is determined based upon a balancing of the needs of the recipient against the ability to pay by the obligor. The […]
Florida Senate Tracker Update – Alimony Legislation
The alimony saga in the Florida legislature has taken an unexpected twist. Until yesterday, two separate bills (HB 455 in the House, and SB 668 in the Senate) were moving toward votes in the full chambers. Yesterday, however, Senate Bill 668 was amended in its entirety to delete the alimony guidelines and instead establish a […]
Florida Alimony Bill Update
House Bill 455 is the current Alimony Bill under consideration. It passed the Civil Justice Subcommittee by a vote of 9-4, and then was passed to the Judiciary Committee. An amendment was added yesterday (not a substantive amendment). A vote will be upcoming in the Judiciary committee shortly (not yet scheduled), and if it passes […]
Benedict v. Benedict
In Benedict vs. Benedict, the trial court entered a judgment for alimony arrearages while a petition seeking to downwardly modify alimony was pending. The appellate court affirmed the judgment, but noted that the debtor is able to proceed in the future to obtain relief from the judgment (under Rule 1.540(b)(5)) to the extent that the […]