If you are facing a potential divorce or you are already in the process of getting divorced, you might be wondering what to expect in the coming months when it comes to handling alimony and child support in a Florida divorce. While this might be a difficult experience, Florida has specific regulations for determining how alimony and child support are handled in our state.
Alimony
Florida Statute 61.08 deals specifically with alimony. Some of the things taken into account when determining alimony are the standard of living established during the marriage, the length of the marriage, the age and physical condition of both parties, and sources of income or earning capabilities of both parties.
In Florida, marriage lengths are classified into one of three categories. Short-term marriages are marriages that last less than 7 years. Moderate-term marriages last from 7 to 17
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The alimony terminates if either party dies or if the party receiving alimony remarries.
Rehabilitative alimony is awarded to help the person become self-sufficient. This includes things like helping the person redevelop previous skills or credentials or to help the person acquire the educational skills or training necessary to obtain employment. With rehabilitative alimony, there must be a plan in place to gain the skills, training, or education to become self-sufficient. Alimony ends upon noncompliance with the plan or upon completion of the rehabilitative plan.
Durational alimony is a temporary alimony, which may not exceed the length of the marriage. Death of either party as well as remarriage of the receiving party terminates the durational alimony.
Permanent alimony is awarded when other forms of alimony are deemed inappropriate. It ends upon the death of either person or upon the remarriage of the receiving individual. It may also be terminated or modified if circumstances change for either person.
Child
Many states, now concerned with the rise in numbers of broken homes and divorce rates, have decided to take measures to reduce this epidemic by implementing mandatory waiting periods when obtaining a marriage license, and mandating programs and educational seminars similar to post-divorce programs now enforced by almost every court systems across the nation.
Fundamentally the main factors facing a Justice in their decision is the matter of public safety and the harmony of the marriage. Compelling a spouse to testify against their partner is in direct conflict with that ideology. Therefore divorced or legally separated couples do not fall under this category. In R. v. Bailey it was determined that spousal incompetence does not survive divorce. Justice Morden observed that: “The modern policy justification for the rule in question is that is supports marital harmony.
When someone is confronted with legal separation from the person to whom they've committed their adult life, it may seem as though their whole life is disintegrating right before their eyes, especially if they're not the one choosing the separation. The future stops existing, and only an empty present looms ahead. For some, the feelings evoked by a divorce and the issues that surround it pass relatively quickly; for others, the anguish and consequences last for years.
The 1998 Family Law Act expressed the concern of people that divorce was too easy and that the number of people divorcing was rapidly increasing and this Act said that you had to be married for 1½ years before you had to use ...
The researchers in this study looked at various types of welfare such as food stamps, Women, Infant, and Children (the nutritional program), and many others. All of these government welfare programs used as a result of divorce cost taxpayers a total of $3.18 billion, 12% of Texas’ budget (Schramm et al., 2013). This article also discusses the possible implications that these statistics may have on future policy. One of the policies suggested in this paper is that the government should allocate money towards assisting couples who seek nonessential divorces and help them resolve their problems (Schramm et al., 2013). The author likens divorce to an illness. It is better to take preventative measures that may stop one from getting sick than it is to treat the symptoms of the illness (Schramm et al.,
The NSW Criminal Justice System is adequate when dealing with young offenders; however, like any legal system it does have its limitations. The NSW Criminal justice system does uphold the rights of the young offender by providing juveniles with special courts under the Childrens Court Act 1987 (NSW) by providing special protections under the UN’s Convention on the Rights of the Child; the recognising of culpability in regards to the age of the young offender by implementing doli incapax and by arranging a variety of diversionary programs and alternative punishments. However, the limitations of the NSW Criminal justice system in relation to young offenders is Doli Incapax in the The Childrens (Criminal Proceedings Act 1987) NSW which fails to recognise more serious offenders and The Young Offenders Act allowance for youth justice conferencing is not being cultivated for a wide enough range of offenders, leading the exclusion of some young offenders from the benefits that conferencing can offer.
During mediation for divorce in Plano TX, ex-spouses decide how to distribute their assets, pay taxes, negotiate retirement benefits and determine child support and custody arrangements. A divorce mediator is impartial. He or she works with both parties to arrive at the best solution for everyone involved.
...on of hardship, from adults to children, and therefore cannot be viewed as a morally neutral act” (Dafoe 1). “Until death do us part” is a strong phrase and is not to be taken lightly. Death of a marriage is inevitable when a couple cannot reconcile its differences. The end of the marriage affects the whole family, which eventually affects society. A person who chooses divorce will need to make this decision with these things in mind. For me, divorce was against my moral belief even though it was necessary to continue raising my children. They can grow up with peace and an understanding of what a marriage can be, and what it should not be.
The Family Law Legislation Amendment Act of 2011 and whether it has Reduced Violence and Abuse for Women and Children
Most people think about “marriage”, whether it originates from a little child watching one of their Disney princess movies or a parent trying to help their kids find a potential spouse. Unfortunately, some marriages do not work out for the best. When two spouses don’t agree and eventually grow apart from each other, it will then lead to “divorce”. Divorce is when two spouses officially end their legal marriage, then both spouses usually separate from each other. Divorces can be painful, emotional and even liberating in times for the spouse. In today’s society, being divorced or even knowing someone being divorce is normal. In the United States alone, almost 40 to 50 percent of marriages end up divorced. It also estimated that 60 percent of second marriages end up getting divorced. When two spouses finally get
Currently the divorce law in England and Wales operates a fault-based system whereby the court grants a divorce if a person can prove that their marriage has broken down. The break down in the marriage can only be due to one of the following five reasons – adultery, unreasonable behaviour, desertion after two years, two years' separation with consent or five years' separation without consent. These requirements were established in the case of Buffery v Buffery [1988] 2 FLR 365.
Divorces begin with an application to the court asking it to declare that there has been a breakdown of the marriage. This application must include paragraphs which refer to where and when the marriage took place, who the children were, who should have custody and why, if there is to be support for one of the spouses paid for by the other, and what is to become of the family property. Certified copies of the marriage certificate and any birth certificates are attached. The claim for support is known as "Corollary relief" and may be for the spouses and/or the children (claims for custody also fall under corollary relief claims). When corollary relief is requested, a financial statement which sets out your families monthly expenses in detail is required.
Divorce is acceptable when the husband or wife continually commits adultery and does not change their behavior. Also, if one of them is abusive towards them or their children, whether it is emotional or physical hurt, divorce may be justified. If somebody in the marriage is addicted to drugs or alcohol and it causes harm to other people and they refuse to get help, divorce should also be considered. Unfortunately, some time ago divorce was only granted if there was proof of adultery, abuse, or addictions. This was unfortunate for those who did not have proof but knew what was going on. Proof or evidence was usually based upon gossip and only obtained by a man with high status in his community. Divorce is now a means of equality and a way to end abuse and unacceptable
Cause and Effect Essay – The Causes of Divorce. From the past to present, people all over the world have determined to live together, which is called “get married” in another word, so that they depend on each other for living. Nevertheless, some couples are unable to maintain their relationship; therefore they choose divorce, which is one of the solutions to cope with problems between husband and wife. Furthermore, most people think carefully before they get married.
The New South Wales Criminal trial and sentencing process is adequate in balancing the rights of the victims, offenders and society however like any legal system is does have its faults. The options in the trial and sentencing process are stipulated in the Criminal Procedure Act 1986, the Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders) Act 2010 and the Crimes (sentencing procedure) Act 1999 which features the use of charge negotiation, rehabilitation, mitigating factors and intensive corrective orders.