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In Florida if you were awarded permanent alimony and your ex-husband gets sick and can't or won't pay the alimony what can you do?
Wiki User
∙ 15y ago
In Florida the one obligated to pay alimony should file with the Circuit Court in which the dissolution of marriage was filed and pay to the clerk of the Court $50 to reopen the case; the final order must state that the court retains jurisdiction to modify or enforce provisions for Alimony. File a Supplemental Petition to Modify Alimony use the Form supplied by the FL Supreme court and cite
Davis v. Davis, 528 So. 2d 34 (Fla. 5th DCA 1988); obligor has suffered a reduction in income without deliberately seeking to avoid paying alimony and is acting in good faith to return his income to its previous level. E.g., Dervishi v. Dervishi, 905 So. 2d 932 (Fla. 4th DCA 2005); Rahn v. Rahn, 768 So. 2d 1102 (Fla. 2d DCA 2000). An alimony obligation should be reduced to zero to commensurate with his current ability to pay; Kinne v. Kinne, 599 So. 2d 191 (Fla. 2d DCA 1992) decide whether modification should apply retroactively, and if not, explain its decision not to do so. See King v. King, 734 So. 2d 542 (Fla 5th DCA 1999) (a decision not to make a modification retroactive is discretionary, but the reasons for not doing so should be stated on the record). See, e.g., Hackney v. Hackney, 560 So. 2d 423 (Fla. 4th DCA 1990) loss of position and unemployment constituted adequate grounds for modification); Haas v. Haas, 552 So. 2d 252 (Fla. 4th DCA 1989) Kinne supra @ 191 (The "good faith test," a court will grant a suspension in alimony when the obligor has suffered a reduction in income; Whetstone v. Whetstone, 710 So. 2d 749, 750 (Fla. 4th DCA 1998).See Kinne, 599 So. 2d at 194 (the law does not require that you borrow money to pay alimony).
Spouse will have to be served, the clerk of the court will help arrange for the Sherriff to serve opposing spouse about another $20.
For more info contact John at McCarty1932@gmail.com
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∙ 15y ago
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If you marry someone then divorce them do you get their job allowances for like the rest of your life?
Alimony can be awarded permanently in certain situations. For example, a couple who has been married for more than 15 years and where one party is entirely dependent upon the other may be a case for permanent alimony payments. Alimony is not, however, guaranteed by any law and is entirely dependent on the situation and divorce proceedings. More commonly in divorce, no alimony is awarded at all, let alone a permanent alimony.
In Florida if you were awarded temporary alimony and your husband won't pay what are your options?
Type your answer here..Take him back to court.
Is there alimony for unmarried co-inhabitant couples in Florida?
Alimony is for spouses so if you weren't married (and Florida does not recognize common law marriage) then you're not a spouse and therefore do not qualify for alimony. You could *possibly* sue for palimony (it's like alimony, but with unmarried couples who cohabited instead of spouses), but it's rarely awarded in any state.
Can an unemployed wife in Florida get alimony and spousal support if she has two small children and is pregnant with the third child?
Alimony and Spousal Support are the same thing. If you're awarded custody of the children, you'll receive child support. But alimony has nothing to do with whether or not you have children.
Can a men receive alimony check during a divorce?
Alimony, if awarded, is part of the divorce decree and so it is not awarded during the divorce proceeding. If the court deems it appropriate and necessary temporary support can be awarded during the divorce process.
In Illinois what rights does a spouse have after 2 years for alimony?
The chances that someone will be awarded alimony after a 2-year marriage are slim.
Can you ask for alimony and child support and if granted alimony how long are you entitledto receive it?
Alimony, or spousal maintenance, is typically awarded for a fairly short time, while the spouse completes a plan for self-sufficiency.
Does alimony apply in a Louisiana divorce case?
Yes alimony can be awarded in a divorce in Louisana if the judge agrees. Alimony can also be done two ways, as a temporary support for short term or long term if its necessary.
Seek Legal Counsel from an Alimony Lawyer?
Alimony or spousal support is payments that are awarded by the court during divorce proceedings that instructs one spouse to make monthly or a lump sum payment to the other spouse. Laws pertaining to alimony have changed significantly during the past few decades. In the past, women were stay-at-home moms and needed alimony to avoid any adverse change in their financial circumstances due to a divorce. Today, due to the fact that women have successful careers, alimony is very seldom awarded during divorce proceedings. In most cases, alimony is intended to provide monetary compensation to the recipient for their unpaid contributions during the marriage, and to help them to gain financial independence. Alimony laws vary in each state. There are many factors which a court considers before granting alimony. One factor is the duration of the marriage, and whether the ex spouse has the mental and physical ability to earn a living wage. Another important consideration is the spouse's age, and whether or not, they have the marketable skills to earn a living. Usually, a marriage must last a minimum of 10 years before spousal support is granted. There are several types of spousal support which is awarded on the basis of an individual personal financial situation during the marriage. Pendente alimony is temporary spousal support that is awarded until the divorce is finalized. Rehabilitative alimony is temporary spousal support designed to enable a spouse to obtain the education and job training to become sufficiently self-supporting. Permanent alimony is paid until the recipient of the alimony payments dies or remarries. Usually, permanent alimony payments are awarded to a spouse whose marriage has lasted for a very long duration. If the spouse is elderly and suffering from an illness or disability, which prevents them from being gainfully employed, they will receive permanent alimony. According to the laws of the Uniform Marriage and Divorce Act, a spouse who has the ability to earn a living will not receive any alimony support. If you are considering a divorce and need spousal support to help you make the transition to becoming financially independent, then you should seek the counsel of a lawyer who specialize in family laws pertaining to divorce and alimony. An experience attorney will keep you informed of your legal rights and remedies, and use their extensive knowledge and expertise to gain and strengthen your trust and confidence in your attorney, throughout your divorce proceedings.
Alimony Laws Pertaining to Divorce?
Alimony is spousal support that is paid after a divorce has been granted. Alimony can be paid on a recurring monthly basis, or it can be paid in one lump sum. After a divorce, alimony is granted to one spouse, so they can continue to enjoy the same standard of living, which they had during the marriage. The basic premise of alimony is that a former spouse should not have to suffer a diminished lifestyle because their marriage has ended. Typically, the individual receiving alimony is the ex wife, however alimony is not specific to one gender. There are extenuating circumstances which may lead to spousal support for a man. Alimony is usually paid to former spouses who did not work during the marriage, and the other spouse’s income was their only source of monetary support. Today, due to the prevalence of dual income families, granting alimony has almost become a relic of the past. Alimony is paid in only 15% of marriages which ends in divorce. Pendente alimony is temporary spousal support that is awarded to one spouse until the divorce decision is finalized. Rehabilitative alimony is temporary spousal support that is granted while the former spouse receives the necessary training and education to return to the workforce. Permanent alimony may be awarded to an elderly spouse who was married for a long period of time, especially if there is a disability or illness, which prevents them from working. The length of a marriage is one of the most important factors a judge will consider when awarding alimony. Couples must be married at least ten years before alimony is considered. Another important factor, which a judge will review, is the standard of living during the marriage. Under the Uniform Marriage and Divorce Act, a former spouse will not receive alimony if they have the ability to earn an income. Permanent alimony is until death, unless circumstances has changed, such as a remarriage or the children are older, and your ex spouse is able to resume working. In these circumstances, a couple can return to court to have alimony payments discontinued. Most states no longer consider fault when granting alimony. Alimony is awarded at the discretion of the court on a case by case basis. If you are getting a divorce, then you should obtain the services of a lawyer who has legal knowledge about family law, specifically laws pertaining to divorce and alimony. A divorce lawyer will be your advocate in fighting for your rights to receive alimony, so you don’t suffer financial hardships because of a divorce.
Can one get alimony if a marriage is annulled?
Some states allow you to receive temporary alimony while the case is pending in court, however, you cannot receive alimony after the annulment has been granted. This is because an annulment declares the marriage to be "void" and erases it as if it never existed under the law. Spousal support cannot be awarded if no valid marriage existed. If you believe you will need spousal support, you may prefer to file for divorce or legal separation as alimony may be awarded in both of these cases.
Who is eligible for alimony?
If both work but the parent with custody of the children cannot make the payments of the basic household finances on their own, they should be awarded alimony for an allotted time, until their situation can be transitioned into their new life.
