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Founded in 1997 we are experienced and knowledgeable Tampa attorneys practicing exclusively in Divorce, Family, Stepparent/Relative Adoption, Criminal Defense, and Personal Bankruptcy. We practice primarily in the cities of Tampa, Riverview, Brandon, Valrico, Lithia, Carrollwood, Northdale, North Tampa, Plant City as well as Hillsborough County, Pinellas County and Pasco County. We have offices conveniently located throughout Tampa Bay. Our lawyers have extensive experience practicing in contested and uncontested divorces, including military divorces, and family law, child support, child custody and visitation, relocation of children, alimony, domestic violence, distribution of assets and debts, retirement/pensions (military and private), enforcement and modification of final judgments, paternity actions, adoptions and name changes as well as criminal defense. We offer a free consultation to discuss your options. Please call us at 813-672-1900 or email us at info@familymaritallaw.com to schedule a consultation. Our representation of our clients reflects our dedication to them. We look forwarding to hearing from you! Se habla EspaƱol.
Showing posts with label Tampa Alimony Lawyers. Show all posts
Showing posts with label Tampa Alimony Lawyers. Show all posts

Saturday, September 19, 2015

Alimony and Potential Alimony Modification

The award of alimony (also known as spousal support) is a key issue at the center of many divorces and must be resolved during the course of a proceeding for dissolution or voluntary property settlement. Alimony is a court ordered payment by one party to the former spouse for purposes of support after the divorce and can vary in type, amount, and duration. Under Florida law, alimony can be structured in a variety of ways, which is determined during the divorce proceedings and generally awarded by a court as part of the divorce decree. Alimony consists of either, or a combination of, bridge-the-gap, rehabilitative, durational, or permanent support paid by one party to the former spouse.

When is Alimony Awarded?
Alimony is determined on a case by case basis by applying several factors. Among the factors a court may consider are the:
  • standard of living established during the marriage;
  • duration of the marriage;
  • age and physical condition of each party;
  • available financial resources;
  • earning capacity and employability;
  • contribution of each party to the marriage (for example, homemaking, child care, and career building);
  • tax treatment and consequences of an alimony award; and
  • sources of income available to each party.
In addition, a court may consider any other factor in the interest of equity and justice. Due to the wide range of considerations and the unique facts of each relationship, determining the amount of alimony to be paid can be a complex and contentious part of any dissolution proceeding. Unfortunately, issues related to alimony awards often continue even after the divorce is finalized.
Life after a divorce can be unpredictable, and one may find themself, or their former spouse, in different circumstances years after the divorce became final. Often, the spouse affected by a change in circumstances will ask the court to modify its obligations under the original divorce decree. Upon such a request, the court will consider additional factors that may support a decision to modify an alimony award. Factors that may support an adjustment to an alimony award include an involuntary, permanent, and substantial change in the life of the party obligated to make the alimony payment to their former spouse. The most common example is a change in the party’s job or career that is permanent and substantially affects the person’s ability to satisfy their obligations under the original divorce decree. Other reasons may include the fact that the recipient of the alimony award has become involved in a permanent supportive relationship, which may be grounds to reduce or terminate the alimony award.
Our Attorneys Can Help You
Resolving issues of alimony during and after the initial divorce proceeding will have a serious impact on your future. The attorneys of All Family Law Group, P.A. are knowledgeable Florida divorce attorneys who have experience in alimony issues during all stages of a divorce. If you are faced with a change in your circumstances, or a change that may impact your former spouse and their ability to pay an alimony award, we can help protect and assert your rights under Florida law. Contact the alimony and divorce attorneys at All Family Law Group, P.A. in Tampa at 813-816-2232 for a free consultation.

By Lynette Silon-Laguna Google+

Friday, April 3, 2015

High-Profile Divorce Attorney Discusses Bigamy

recent divorce hearing involving Florida U.S. Representative Alan Grayson and his wife of 35 years Lolita Grayson captured the attention of media outlets not only because of Rep. Grayson’s vast fortune (approximately $30 million) but also because of allegations of bigamy leveled against Ms. Grayson. Ms. Grayson is seeking a part of Rep. Grayson’s fortune as alimony. Rep. Grayson, through his attorneys, is claiming Lolita is a bigamist and was legally married to another man at the time she and Rep. Grayson married. This would enable Rep. Grayson to be granted an annulment and deny Ms. Grayson any alimony at all.
Bigamy – What is Florida’s Stance?
A person who, while legally married to another, marries a second spouse is guilty of bigamy under Florida law. The former spouse must be living at the time the second marriage takes place, and in order to be prosecuted as a crime the second marriage must usually take place in Florida. There are several exceptions to the bigamy statute; namely, a person is not guilty of bigamy if he or she reasonably believes the first spouse has died or reasonably believes he or she is legally eligible to be remarried.
Aside from being a criminal act, a spouse who marries another while he or she is still legally married to the first spouse has entered into a void marriage. This type of marriage is not valid from the outset and the legality of the marriage can be challenged at any time. As illustrated in the Grayson case, a void marriage can result in an innocent spouse being denied spousal support even if the two parties have been together for decades.
What Should I Do if I Believe My Spouse is a Bigamist?
Claiming that your spouse is a bigamist is a serious allegation that can have equally serious legal and financial ramifications for you and any children you and your spouse had together. It is best to consult with an experienced family lawyer before proceeding to court, especially if you are the “second spouse,” because:
  • If your marriage is found to be void, you will lose any alimony and other benefits you would otherwise be entitled to; and
  • Children born in a void marriage are not considered “legitimate” children since the marriage was never valid. The father will have to go through a “paternity action” to be legally considered the father and which action will establish timesharing and child support. If the mother wants to receive child support and other benefits for the children, then she would have to pursue a paternity action.
Bigamy in a marriage is rare; however, it does happen with and without the consent of all the parties. Before you take action yourself, contact a Tampa divorce attorney at All Family Law Group, P.A. We can examine the facts of your particular situation and advise you as to whether your spouse has committed bigamy and what this means for you. We will help you take the best steps for your future and the future of your children. Contact our offices in Tampa Bay at 813-321-3421 for a consultation at no charge or email us.
By Lynette Silon-Laguna Google+

Did Divorces Really Spike During Pandemic?

The COVID-19 pandemic started nearly one year ago and at that time, predictions were being made that it would cause a spike in divorce cases...