Category Archives: Divorce

How Long do I have to Pay Alimony?

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There’s no easy answer as to how long an individual may be ordered to pay alimony, but it will depend on the length of the marriage. It’s slightly possible for a spouse to be awarded alimony by the court for a marriage lasting a minimum of seven years. The likelihood increases with the duration of the marriage. If alimony is deemed appropriate, Florida allows for five types:

  • Temporary – Is awarded during the pending divorce and ends when the final divorce decree is delivered.
  • Rehabilitative – This is awarded to enable a spouse to resume a career or profession so they can support themselves, or obtain training or education for that goal.
  • Bridge the Gap – It begins after the divorce is finalized and lasts no more than two years to enable the spouse to get on their feet and meet their own needs.
  • Durational – This provides support for a longer period of time, is dependent upon the length of the marriage, and can be in effect for up to 10 years depending on the court’s judgment.
  • Permanent – An order for permanent alimony lasts until the court orders an end to it, one of the spouses dies, or the alimony recipient remarries.

Alimony in Florida is unpredictable. There are no set amounts and takes into account the incomes of both spouses. The amount can be modified in some instances should the spouse making the payments have significant changes to their financial situation. The ultimate decision on alimony is up to the judge, who is required to consider a variety of factors.

The court is responsible for determining if there’s a need for alimony and if the other spouse is able to pay it. Alimony won’t be mandated if either of those conditions isn’t present. The judge will consider elements encompassing the financial resources and earning capacity of the recipient, length of marriage, standard of living, and child support obligations.

Law Offices of Theodore H. Enfield, P.A.

Whether you need a Divorce, are dealing with Custody or Child Support issues, or need representation in a Personal Injury matter, the Law Offices of Theodore H. Enfield can confidently assist you.  To learn more about how we can help you or to discuss the facts of your case with our attorneys, call 954-983-1443 to schedule your free consultation.

3107 Stirling Road
Suite 105
Fort Lauderdale, FL 33312

Fax: 954-983-1536

Email: [email protected]

Dividing a Business During a Divorce

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Dividing a business as part of a divorce settlement can present special challenges. Suddenly, every asset a couple has ranging from houses and jewelry to the business can become a bone of contention. There are assets that spouses are willing to part with and there are others to which each spouse will feel they’re entitled.

The first thing to remember is that there are a number of variables involved. A business is an asset and it needs to be evaluated and valuated. Typically, the person that founded and operated the business will retain ownership through the simple expedient of buying out their spouse’s share. The court will have to decide if it will be categorized as separate or joint property.

Separate property is an asset that each spouse owned before they married or was inherited. Joint assets are those that a couple acquired after they were married. However, separate property that contributed to the marriage or was used to support the marriage may be deemed as a marital asset. A business may be determined as marital property if it was used as the family’s support.

A professional appraiser will need to come in and look at the company’s records. He/she will include other factors in the assessment to determine its worth. The property’s condition, any equipment, products, and customer lists will be evaluated. Bank accounts and all financial records will be included to obtain an accurate picture of the business, its worth, and how it should be distributed.

The court may decide that a spouse is entitled to a portion of the business for their maintenance requirements or that of any children. The worth of the property may be based on its liquidation value or that of an ongoing business by the courts. The court may choose to use an assessment approach based on the business income, the business as an asset, or its market value.

Law Offices of Theodore H. Enfield, P.A.

Whether you need a Divorce, are dealing with Custody or Child Support issues, or need representation in a Personal Injury matter, the Law Offices of Theodore H. Enfield can confidently assist you.  To learn more about how we can help you or to discuss the facts of your case with our attorneys, call 954-983-1443 to schedule your free consultation.

3107 Stirling Road
Suite 105
Fort Lauderdale, FL 33312

Fax: 954-983-1536

Email: [email protected]

Myths when it Comes to Child Support in FL

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There are dozens of myths, misconceptions, and misinformation that regularly circulate about child support and that’s especially true in Florida. The following are the facts about Florida child support payments and answers the most commonly asked questions.

Age Limits

Many parents paying child support think their obligation ends when the child turns 18. Florida requires child support be paid until a child graduates or turns 19, whichever comes first.

Bankruptcy

Claiming bankruptcy doesn’t stop child support payments. Even if the parent paying the child support declares bankruptcy, they’re still required to maintain their regular child support payments.

Children Only

The parent receiving payments doesn’t have to inform the other parent about what they do with the funds. The money can be spent for anything that directly affects the child. That includes food, school activities, healthcare, entertainment, and other costs related to everyday living.

Criminality

A parent isn’t held criminally liable if they can’t make their child support payment due to the physical inability to do so. However, there are still serious consequences for failing to pay.

Direct Payments

All child support payments must be made through the Division of Child Support Enforcement or the money won’t be accredited to the account of the parent making the payment. Paying a spouse directly will register as a default.

Garnishment

The court can garnish checks and unemployment benefits, even if the parent hasn’t been late on their payments but have underpaid amounts in the past. The state can also take any federal or state income tax returns.

Income

Child support payments are not declared as income by the parent that receives them.

Joint Custody

There are two types of child support in FL – physical and legal. Support payments are based on the combined income of the parents and amount of time the child spends with each parent. The state has a formula to determine the amount and who pays it. The state alone governs this. Even with joint custody, one parent will pay child support.

Payment Changes

The amount of child support can be adjusted to meet the evolving needs of the child or in a parent’s financial circumstances. Those changes must be approved by the court.

Tax Deduction

The parent paying the child support can’t claim the payments as a tax deduction on their taxes.

Law Offices of Theodore H. Enfield, P.A.

Whether you need a Divorce, are dealing with Custody or Child Support issues, or need representation in a Personal Injury matter, the Law Offices of Theodore H. Enfield can confidently assist you.  To learn more about how we can help you or to discuss the facts of your case with our attorneys, call 954-983-1443 to schedule your free consultation.

3107 Stirling Road
Suite 105
Fort Lauderdale, FL 33312

Fax: 954-983-1536

Email: [email protected]

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