Alimony & the Movement for Legislative Reform in Miami, Broward & All of Florida
For the last several years there has been a strong movement in attempting to change and “reform” alimony or spousal support laws that would affect individuals with alimony issues and all Miami Alimony Lawyers in their representation of clients in Miami, Broward and the State of Florida.
Earlier this year a Bill which included proposals for alimony reform as well as changes to the child sharing laws was vetoed by Florida’s Governor this April. Any changes in the Alimony laws would require Alimony Lawyers in Miami and Broward to be up to date and prepared in order to be the best attorney for their clients. Back in 2013 the same Governor vetoed a different Alimony Reform Bill. Both times the vetoes were for different reasons.
In the most recent veto, the Governor discussed that he objected to the proposal that parents would start with the presumption that it is in the best interest of the child for there to be equal time sharing. Lawyers in Miami and Broward spend a lot of time and concentration on matters that deal with time sharing and the child(ren). Although the most recent Bill did include that proposal, the majority of the proposed Bill tried to establish guidelines in order to calculate the amount of alimony in a case. As an Alimony Lawyer representing clients in Miami and Broward, I have helped clients decipher the maze of Alimony. Many Alimony Lawyers were concerned why a Bill would mix two separate subjects, child sharing and alimony. Nevertheless, the Bill with respects to Alimony reform would have specified limits to the length of time of alimony payments and would have eliminated permanent lifetime alimony. The calculations would have involved the length of the marriage and the incomes of the each spouse. It would have also specified when alimony could be modified or terminated. Many Alimony Lawyers in Miami and Broward opine that the current alimony laws are archaic in nature. Currently there is no set guideline of how to calculate alimony payments. The current law list a set of factors that the court is to consider in making an alimony determination, but none of the factors set forth any mathematical equation or guidance. As are result alimony laws in Miami and Broward, as they exist right now gives the court a lot of discretion in this area, which in turn places a higher burden on the alimony lawyer with the presentation and admissibility of credible evidence. This has resulted in grave differences amongst lawyers and the decisions made by the Judges and districts within Miami, Broward and all of Florida.
In the 2013 veto, the Governor discussed that he objected to the proposal that the Bill would apply retroactively to cases previously decided which involved Alimony. The opposition was concerned that it would place everyone that had been divorced prior to this bill, whether 1 year or 20 years before, where Alimony was a provision agreed to, in a position that could disregard the terms decided and/or agreed to at that time.
Consequently, the Bills were not adopted and we continue under the current exiting Laws that deal with dissolution of marriages in Miami, Broward and all of Florida whether the case involves an Alimony claim and whether it involved children as well. The family law attorneys at Costa & Associates continue having to prepare a vast array of evidence and set forth credible arguments in favor of and against alimony, not just in the award itself, but they also struggle with the amount awarded and the length of time the alimony is awarded for in Miami, Broward and all of Florida.
Currently, there are laws that Alimony Lawyers in Miami, Broward and all of Florida can use to define one of the many factors to be considered for Alimony; length of the marriage:
Short Term Marriage: Date of Marriage to Date of filing the Petition for Divorce is less than 7 years.
Moderate Term Marriage: Date of Marriage to Date of filing the Petition for Divorce is 7 to less than 17 years.
Long Term Marriage: Date of Marriage to Date of filing the Petition for Divorce 17 years or more.
Keep in mind that the length of the marriage is only one of the various factors Alimony Lawyers consider in an Alimony case in Miami, Broward and all the State of Florida.
Alimony in and of itself can be a complex discussion; one that is encouraged to be handled by an experienced family law attorney and alimony lawyer.
Contact us by calling 305-827-0100 for an initial ½ hour no charge (free) consultation, so that we can discuss your concerns and case involving Alimony issues.