how to convince an attorney to take your alimony increase case in florida

by Prof. Karl Kohler 10 min read

Can I appeal an alimony ruling in Florida?

Oct 09, 2006 · If you decide to go ahead, set a budget and adhere to it. Put yourself in the position of the obligor. Attempt to understand the defenses to be used and arguments for a “status quo” in the alimony award. Consider what a judge not knowing either one of you will do in years after the initial award was made.

Can I seek an increase in alimony in Florida?

Aug 01, 2016 · Hi. This is attorney Howard Iken. And today, we’re going to be interviewing attorney Alberto Ayo in our legal information studio. Mr. Ayo will be talking about alimony in Florida. We’re going to talk about alimony cases and some of your experiences with alimony cases in Florida, and I assume you do a bunch of them? Alberto Ayo. Yes.

Can a court order an increase in alimony payments?

Nov 01, 2018 · If you would like to modify your Florida alimony order, contact our Florida alimony lawyers. Send us an email or call us at 305-222-7351. Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in …

How can a divorce lawyer in Tampa help with alimony?

Sep 23, 2020 · The amount and duration of alimony in Florida are determined on a case by case basis. Nobody likes paying for an attorney, but in some cases, it can save a lot of money in the long run. A skilled divorce attorney in Tampa can make a big difference on if and how much alimony is awarded.

Can alimony be increased in Florida?

As long as alimony was awarded in the original divorce decree, Section 61.14 of the Florida Statutes provides that most types of alimony may be modified or terminated when there has been an unexpected, involuntary, and substantial change in circumstances that affects the former spouse's ability to pay, or the other ...Feb 9, 2019

Can alimony be increased?

The court may take into account the facts, evidences and circumstances prevailing at that point of time increase the alimony payable. However, just because his income goes up does not necessarily mean she will get more alimony.

Can you appeal alimony in Florida?

Appeals from alimony orders are one of the more important areas of appeals that Florida Divorce Appeal Lawyers are asked to handle. Further below are answers to commonly asked questions that Appellate Lawyers for Florida Alimony Cases receive when it comes to appealing a judge's decision involving alimony.

What factors will a judge consider for you to get alimony?

What factors will the judge consider when deciding whether to award alimony?ability to pay support;age;employment history and job potential;income history and income potential;education and training;retirement provisions and health insurance benefits;tax consequences for the sale of your marital property or home;More items...•Oct 22, 2021

Can I go after my ex husband's new wife for alimony in Florida?

Although I agree with the nuances mentioned by counsel on how a court can calculate alimony, the direct answer to your question is, No, the court may not go after your new wife's income/assets to increase your alimony.

Can alimony be changed after divorce?

Can my alimony order be changed after the divorce? Alimony may be modified if there has been a change in circumstances. The party seeking the modification must return to the court that granted the order to file for the modification.

Does an appeal automatically stay a case in Florida?

Administrative Cases. Generally, filing a notice of appeal of an administrative agency's action or final order does not automatically stay the order or judgment being appealed. ... See Florida Rules of Appellate Procedure 9.190 and 9.310.

Can you appeal a divorce decision in Florida?

In Florida, residents have a right to appeal criminal and civil court rulings, including a divorce judgment.Nov 4, 2020

Can you contest a divorce in Florida?

In Florida, the law allows for a contested divorce or uncontested divorce. Although most contested divorces do not end up in trial, it is wise and in your best interest that your divorce attorney is both a skilled negotiator and experienced litigator. ...

How much alimony can a wife get?

If the alimony is being paid on a monthly basis, the Supreme Court of India has set 25% of the husband's net monthly salary as the benchmark amount that should be granted to the wife. There is no such benchmark for one-time settlement, but usually, the amount ranges between 1/5th to 1/3rd of the husband's net worth.Jan 27, 2020

Can a working wife get alimony?

As noted, alimony is generally based largely on what each of the divorcing spouses "reasonably earn." That means that if a person is deliberately working at a job that pays less than what he or she could earn, the courts will sometimes figure the alimony amount based on a higher figure, in what is referred to as ...

How can I avoid paying alimony?

Now let's discuss How to avoid Alimony in India?If the Wife is Accused of Adultery. ... Get the Marriage Over With As Soon As Possible. ... If Wife Earns Well. ... If You Prove That They Don't Need It. ... If You Have Physical Disabilities. ... Change How You Live. ... If Your Spouse Has Started Living With New Partner.

Will I receive alimony in a divorce?

Florida divorce law does allow for the opportunity to receive alimony. The law applies a two-part test to determine if alimony is appropriate. Firs...

How much alimony will I receive?

The amount of alimony depends on the specific details of each individual case. There is no mathematical formula to determine the amount of alimony....

Can I change the amount of alimony?

Under Florida divorce law, alimony payments may be modified if there has been a substantial change in circumstances of either party. The modificati...

What if I can not afford to pay alimony?

If you need to lower or stop alimony, a petition to modify alimony should be filed. Florida law does not allow a person to unilaterally change the...

Will Adultery Affect Alimony?

In Florida, adultery will usually not be relevant to a judge’s determination for alimony. However, if marital funds were used to further the adulte...

Does the length of marriage affect alimony?

Yes, the length of the marriage will impact the judge's decision on alimony. Generally, short term marriages are only eligible for short term forms...

What is permanent alimony?

Most often, permanent alimony is only available for marriages that have lasted at least 17 years. This type of alimony is intended to provide for t...

How long do you have to be married for alimony?

There is no minimum amount of time you must be married in order to receive alimony. However, the length of the marriage will be a factor in determi...

If my ex-spouse remarries will alimony terminate?

In many instances, remarriage can be grounds to modify or terminate alimony. Additionally, being in a supportive relationship may be enough to term...

What to do if my ex has stops paying alimony?

If your ex has stopped paying alimony without court approval you may have grounds to file a motion for contempt. If the motion is granted, the cour...

Important Florida Family Law Case on Modifying Alimony Duration

  • Florida’s Fifth District Court of Appeals recently heard the case of Ispass v. Ispass, where the case centered on a wife’s appeal of a trial court order. The trial court had dismissed a supplemental petition the wife made in an attempt to modify both the amount and duration of alimony paid by the former husband. The trial court’s dismissal was based upon the legal reasoning that the trial …
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Facts of Ispass v. Ispass

  • The couple in the case reached a marital settlement agreement that required the former husband to pay alimony under certain requirements. For example, the husband would be required to pay alimony unless he became permanently disabled or retired before 62 years of age. Similarly, alimony payments could end if the wife died, remarried or cohabitatedwith another individual. Th…
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The 5th District Disagreed with The Trial Court’S Reasoning

  • The appellate court noted that Section 61.14 does not explicitly give trial courts the authority to extend alimony duration. However, the court also noted that there is legal precedent for Florida courts doing so. The appellate court then cited previous cases where the duration of alimony was modified, particularly when there is a showing of changed and exceptional circumstances that ju…
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Important Takeaway from Ispass v. Ispass

  • The mere fact that a trial court rules against you or even the fact that the court claimed to lack jurisdiction does not end your case. Moreover, you may still be able to have your alimony modified or other rights protected if the trial court made a mistake in legal reasoning. Contact The McKinney Law Group to discuss how we can help represent your legal interests pertaining to Flo…
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