Alimony in Florida

There are different types of alimony that can be awarded in a Florida divorce case. I will use my experience as a Tampa, Florida divorce lawyer to ensure effective representation when the court is determining alimony in your divorce case. If your divorce case is in Hillsborough, Pasco or Pinellas County, Florida, please contact me for more information about how I can help you with your alimony case or modifications of current alimony.

Types of Alimony Considered in Florida Divorces:

Rehabilitative Alimony - Awarded to assist a party in establishing self-support.

Durational Alimony - Awarded when permanent periodic alimony is inappropriate.

Permanent Alimony - Awarded following a marriage of long duration if such an award is appropriate.

To learn more about laws that govern alimony in the State of Florida, please read:

      Types of Alimony Considered in Florida Divorces

      Florida Statute 61.08 Alimony 

After equitable distribution, the court may consider an alimony award. The court may grant alimony to either the husband or the wife. Rehabilitative alimony may be for a limited period of time to assist in redeveloping skills and financial independence. Parties requesting rehabilitative 
alimony must have a plan for their rehabilitation such as the cost of going to school to improve skills and marketability. Bridge-the-gap alimony allows a party to make the transition from married to single life which may include the need to obtain a vehicle and/or money to find a place 
to live. Permanent alimony continues until the receiving spouse’s remarriage or the death of either party. The court can also order alimony for a certain period of time, which is called durational alimony. Rehabilitative, permanent, and durational alimony generally are paid periodically 
(i.e., monthly or semi-monthly); bridge-the-gap alimony can be paid in a lump sum at one time, or may be paid over a very short period of time. The court may also order lump-sum alimony where one party pays to the other party a lump-sum payment of money or property.

In awarding alimony, the court considers factors such as the parties’ prior standard of living; length of the marriage; age and physical and emotional condition of both spouses; each spouse’s financial resources and income producing capacity of the assets they receive; the time necessary to acquire sufficient education or training to find appropriate employment; and the services rendered in homemaking, child rearing, and education and career building of the other spouse. The court may consider any other factor necessary to do equity and justice between the husband and wife.  You have the right to obtain information about your spouse’s income and assets through the use of discovery procedures. Discovery includes exchange of documents 

and answers to written or oral questions.

For assistance with obtaining or modifying alimony in your divorce case, please contact us at 813-879-4600.

http://www.divorce-lawyer-tampa.net

Tampa Family Law Attorney

Whether you have or may be involved in a divorce  or other family law litigation, Top AVVO Rated Tampa Divorce Lawyer Nilo J. Sanchez, Jr. can provide you experienced legal representation. If you have a family law legal issue, please feel free to contact my office to schedule a consultation to discuss your unique family law related matter.

Tampa Rated Family Law Attorney and Divorce Lawyers Nilo Sanchez, P.A. is committed to accomplish your objectives depending upon your child support, family law, child custody, divorce and modification needs. With over 19 years of knowledge and experience dealing with Tampa divorce and family law, Mr. Sanchez’s objective is justice for your individual family law matter. Our office is located in Tampa and we serve clients in the following surrounding areas: Pasco and Pinellas Counties, Lutz, Wesley Chapel, Brandon, Apollo Beach, Plant City and Carrollwood.

High net worth Divorces, Enforcement, Qualified Domestic Relations Orders, Contested and Uncontested Divorces, Military Divorce, Parenting Plans, Visitation, Relocation, Marital Settlement Agreements, Prenuptials, Mediations, Modification of Court Orders, Guardianships, Guardian Ad Litem, Celebrity Family Law, Recovery of Attorney’s Fees, Post Judgment, Name Changes, Temporary Relief, Equitable Distribution of Assets and Liabilities, Alimony, Divorce Mediation, Child Support, Child Custody, Professional Athlete Family Law, Business Executive Family Law, Domestic Violence

In the State of Florida , divorce is governed under Chapter 61 of the Florida Statutes. In order to obtain a divorce, one of the parties to the marriage must reside in the State of Florida for six months before filing the FamilyPetition for Dissolution of Marriage.

Additionally, to obtain a divorce, the court must find that the marriage is irretrievably broken or that one of the parties has been adjudged to be incapacitated for a preceding period of at least three years.

There are many issues that may arise when a party seeks to obtain a divorce. For instance, the following issues may be present in a divorce case:

1.Children issues
2. Alimony
3.Distribution of Assets and Debts
4.Attorney’s Fees and Costs

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Florida Family Law and Child Support Attorney

Top AVVO Rated Child Support Lawyer Nilo Sanchez is able to assist clients in obtaining the child support amounts he/she is entitled to under Florida law, either through negotiations or in a contested court hearing. Nilo Sanchez assists his clients in obtaining court-approved child support modification when their economic circumstances substantially change since the entry of the Final Judgment. When a parent’s economic situations change substantially, it may be possible for that parent to modify their child support by filing a Supplemental Petition for Modification.  Additionally, substantial changes to a parent’s time-share schedule may also warrant and justify a modification of child support.

Family Law Attorney and Divorce Lawyer Nilo J. Sanchez, Jr. is dedicated to achieving your goals based upon your divorce, child custody, child support, and alimony needs.  Mr. Sanchez has 20 years of experience in family law.  Located in the Tampa Bay area, Mr. Sanchez can assist clients in Hillsborough County, Pasco County, and Pinellas County.

Florida Statutes 61.30  Child support guidelines; principles:

(1) The guidelines schedule is based on the parent’s combined net income estimated to have been allocated to the child as if the parents and children were living in an intact household.

(2)The guidelines schedule is based on the parent’s combined net income estimated to have been allocated to the child as if the parents and children were living in an intact household.

(3)The guidelines encourage fair and efficient settlement of support issues between parents and minimizes the need for litigation.With 20 years litigating divorce cases in Tampa Bay, Tampa child support lawyer Nilo J. Sanchez & Associates offers a high degree of skill, knowledge and experience in family law, including matters of child support.  Obtaining the appropriate amount of child support through a court order along with the enforcement of child support is often necessary for the survival of your family. If you are not getting child support you should contact an Tampa child support lawyer for help. Depending on your circumstances, you may need to first establish paternity or file for dissolution of marriage or ask the courts for temporary emergency child support. There are numerous factors that can effect your ability to obtain child support from an absentee parent, but hiring a Tampa child support lawyer may assist you in getting the child support that your family needs.

Modification of Child Support Orders

Often times, circumstances will change from the time of your original divorce or child support order and a downward modification or an increase in child support may be in order. Needs of the children, changes in income or time-sharing or other special circumstances can effect the amount of child support you should be paying currently. Contact Tampa Child Supoort Lawyer, Nilo Sanchez & Associates to see if you are eligible for a modification of your current child support order.

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Tampa Family Law Attorney

Whether it’s child custody, alimony, divorce, child support, paternity, high asset net worth divorce, or another family law service that you are seeking, Attorney Nilo J. Sanchez, Jr. is a family attorney located in the Tampa Bay area.  Nothing is more vital than your family.  Mr. Sanchez strives to provide only the most individualized and caring representation for your family law needs.  He is committed to creating legal strategies that are results-oriented, always bearing in the goal is to make choices that will ultimately be in the best interest for  your loved ones.  Mr. Sanchez specializes in handling any of the following types of Tampa, Florida family law matters.  Hiring an extensively skilled divorce attorney with many years of experience in high asset divorce is often essential to protect individual investments.

(1) No judgment of dissolution of marriage shall be granted unless one of the following facts appears.

(a)  The marriage is irretrievably broken.

(b)  Mental incapacity of one of the parties.  However, no dissolution on shall be allowed unless the party alleged to be incapacitated shall have adjudged incapacitated according to the provisions of s. 744.331 for a preceding period of at least 3 years.  Notice of the proceeding for dissolution shall be served upon one of the nearest blood relatives or guardian of the incapacitated person, and the relative or guardian shall be entitled to appear and to be heard upon the issues.  If the incapacitated party has a general guardian other than the party bringing the proceeding, the petition and summons shall be served upon the incapacitated party and the guardian; and the guardian shall defend and protect the interests of the incapacitated party.  If the incapacitated party has no guardian other than the party bringing the proceeding, the court shall appoint a guardian ad litem to defend and protect the interests of the incapacitated party.  However, in all dissolutions of marriage granted on the basis of incapacity, the court may require the petitioner to pay alimony pursuant to the provisions of s. 61.08.

(2) Based on the evidence at the hearing, which evidence need not be corroborated except to establish that the residence requirements of s. 61.021 are met which may be corroborated by a valid Florida Driver’s license, a Florida voter’s registration card, a valid Florida identification card issued under s. 322.051, or the testimony or affidavit of a third party, the court shall dispose of the petition for dissolution of marriage when the petition is based on the allegation that the marriage is irretrievably broken as follows:

(a) If there is no minor child of the marriage e and if the responding party does not, by answer to the petition for dissolution, deny that the marriage is irretrievably broken, the court shall enter a judgment of dissolution of marriage if the court finds that the marriage is irretrievably broken.

(b) When there is a minor child of the marriage, or when the responding party denies by answer to the petition for dissolution that the marriage is irretrievably broken, the court may:

1.  Order either or both parties to consult with a marriage counselor, psychologist, psychiatrist, minister, priest, rabbi, or any other person deemed qualified by the court and acceptable to the party or parties ordered to seek consultation; or

2.  Continue the proceedings for a reasonable length of time not to exceed 3 months, to enable the  parties themselves to effect a reconciliation; or

3.  Take such other action as may be in the best interest of the parties and the minor child of the marriage.

If, at any time, the court finds the marriage is irretrievably broken, the court shall enter a judgment of dissolution of the marriage.  If the court finds that the marriage is not irretrievably broken, it shall deny the petition for dissolution of marriage.

(3) during any period of continuance, the court may make appropriate orders for the support and alimony of the parties; the parenting plan, support, maintenance, and education of the minor child of the marriage, attorney’s fees; and the preservation of the property of the parties.

(4) A judgment of dissolution of marriage shall result in each spouse having the status of being single and unmarried.  No judgment of dissolution of marriage renders the child of the marriage a child born out of wedlock.

(5) The court may enforce an antenuptial agreement to arbitrate a dispute in accordance with the law and tradition chosen by the parties.

(6) Any injunction for protection against domestic violence arising out of the dissolution of marriage proceeding shall be issued as a separate order in compliance with chapter 7.41 and shall not be included in the judgment of dissolution of marriage.

(7) In the initial pleading for a dissolution of marriage as a separate attachment to the pleading, each party is required to provide his or her social security number and the full names and social security numbers of each of the minor children of the marriage.

(8)  Pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, each party is required to provide his or her social security number in accordance with this section.  Each party is also required to provide the full name, date of birth, and social security number for each minor child of the marriage.  Disclosure of social security numbers obtained through this requirement shall be limited to the purpose of administration of the Title IV-D program for child support enforcement.

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Tampa Family Law - Alimony and Divorce

When divorce as well as other family law challenges enter a family's life, it can be difficult to know where to turn.  Tampa Family Law Attorney Nilo J. Sanchez, Jr., has  extensive legal knowledge and experience in family law related matters and has provided the Tampa Bay community with 20 years of service.  At Sanchez & Associates, P.A. we assist you to ensure that you understand the various options available to you  regarding your unique family law matters.  For further information, please contact us at 813-879-4600 to schedule a consultation.

(1) No judgment of dissolution of marriage shall be granted unless one of the following facts appears.

(a)  The marriage is irretrievably broken.

(b)  Mental incapacity of one of the parties.  However, no dissolution shall be allowed unless the party alleged to be incapacitated shall have adjudged incapacitated according to the provisions of s. 744.331 for a preceding period of at least 3 years.  Notice of the proceeding for dissolution shall be served upon one of the nearest blood relatives or guardian of the incapacitated person, and the relative or guardian shall be entitled to appear and to be heard upon the issues.  If the incapacitated party has a general guardian other than the party bringing the proceeding, the petition and summons shall be served upon the incapacitated party and the guardian; and the guardian shall defend and protect the interests of the incapacitated party.  If the incapacitated party has no guardian other than the party bringing the proceeding, the court shall appoint a guardian ad litem to defend and protect the interests of the incapacitated party.  However, in all dissolutions of marriage granted on the basis of incapacity, the court may require the petitioner to pay alimony pursuant to the provisions of s. 61.08.

(2) Based on the evidence at the hearing, which evidence need not be corroborated except to establish that the residence requirements of s. 61.021 are met which may be corroborated by a valid Florida Driver’s license, a Florida voter’s registration card, a valid Florida identification card issued under s. 322.051, or the testimony or affidavit of a third party, the court shall dispose of the petition for dissolution of marriage when the petition is based on the allegation that the marriage is irretrievably broken as follows:

(a) If there is no minor child of the marriage and if the responding party does not, by answer to the petition for dissolution, deny that the marriage is irretrievably broken, the court shall enter a judgment of dissolution of marriage if the court finds that the marriage is irretrievably broken.

(b) When there is a minor child of the marriage, or when the responding party denies by answer to the petition for dissolution that the marriage is irretrievably broken, the court may:

1.  Order either or both parties to consult with a marriage counselor, psychologist, psychiatrist, minister, priest, rabbi, or any other person deemed qualified by the court and acceptable to the party or parties ordered to seek consultation; or

2.  Continue the proceedings for a reasonable length of time not to exceed 3 months, to enable the  parties themselves to effect a reconciliation; or

3.  Take such other action as may be in the best interest of the parties and the minor child of the marriage.

If, at any time, the court finds the marriage is irretrievably broken, the court shall enter a judgment of dissolution of the marriage.  If the court finds that the marriage is not irretrievably broken, it shall deny the petition for dissolution of marriage.

(3) during any period of continuance, the court may make appropriate orders for the support and alimony of the parties; the parenting plan, support, maintenance, and education of the minor child of the marriage, attorney’s fees; and the preservation of the property of the parties.

(4) A judgment of dissolution of marriage shall result in each spouse having the status of being single and unmarried.  No judgment of dissolution of marriage renders the child of the marriage a child born out of wedlock.

(5) The court may enforce an antenuptial agreement to arbitrate a dispute in accordance with the law and tradition chosen by the parties.

(6) Any injunction for protection against domestic violence arising out of the dissolution of marriage proceeding shall be issued as a separate order in compliance with chapter 7.41 and shall not be included in the judgment of dissolution of marriage.

(7) In the initial pleading for a dissolution of marriage as a separate attachment to the pleading, each party is required to provide his or her social security number and the full names and social security numbers of each of the minor children of the marriage.

(8)  Pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, each party is required to provide his or her social security number in accordance with this section.  Each party is also required to provide the full name, date of birth, and social security number for each minor child of the marriage.  Disclosure of social security numbers obtained through this requirement shall be limited to the purpose of administration of the Title IV-D program for child support enforcement.

http://www.divorce-lawyer-tampa.net

Family Law Attorney Tampa - Child Custody and Time Sharing

If you need an experienced divorce lawyer, feel free to seek the assistance from a professional law firm with experience in handling family law cases and any and all other legal matters pertaining to the family. Florida Attorney Nilo J. Sanchez, Jr. has over 19 years of experience in assisting Hillsborough , Pasco and Pinellas residents to resolve their family law issues.

Mr. Sanchez is a knowledgeable and strategic family law attorney who is able to advise you or your loved ones in the detailed processes of family law and use his experience to your advantage.

Child Custody & Timesharing

Child Custody and Support lawyer Nilo Sanchez & Associates in Tampa understands that child custody cases can often be very emotional and complex. Hiring a child custody lawyer in Tampa to ensure that time sharing, visitation, child custody and child support are handled aggressively is important. Nilo Sanchez & Associates has 19 years handling child custody cases in the Tampa bay area, therefore, you can be confident that you are hiring a Tampa family lawyer who is experienced in this particular area. We will do our very best to ensure that you are receiving the best assistance for your child custody case.

If you need an experienced divorce or family lawyer in Tampa who will handle your child custody case, Nilo Sanchez & Associates located in Tampa Bay has the extensive experience you need. We know that your family is important to you and you deserve to be represented by a Child Custody lawyer in Tampa who can litigate matters such as establishing paternity, time sharing and visitation, child support, modification of divorce orders including the relocation of the children as well as paternity and other family law matters. Nilo Sanchez & Associates is a divorce lawyer located in Tampa, Florida who will provide resolutions that are in the best interest of all parties involved.

Protecting your parental rights while insuring that the children’s best interests are at the forefront takes a seasoned Tampa Child Custody Lawyer and one that understands the complexity of some child custody cases. We know that when parents are dealing with child custody and  and divorce it is often times a very emotionally charged time. Child Custody Lawyers in Tampa bay who represent clients who are divorcing and need assistance with time sharing, visitation and even modifications of child custody orders should be experienced in litigating child custody and be family law specialists. 

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Temporary Custody of Minor Children by Extended Family

TEMPORARY CUSTODY OF MINOR CHILDREN BY EXTENDED FAMILY

In the State of Florida,the temporary custody of minor children can be awarded to an extended family member. Chapter 751 of the Florida Statues, sets forth  the requirements that must be met in order for custody of a minor child to be awarded to an extended family member.

The purpose of Chapter 751 is to provide for the welfare of a minor child who is living with extended family members. These family members are unable to give complete care to the child in their custody because they lack a legal document that explains and defines their relationship to the child, and they are unable to effectively consent to the care of the child by third parties. When child custody is awarded to an extended family member under Chapter 751,  the extended family member can consent to all necessary and reasonable medical and dental care for the child, including non-emergency surgery and psychiatric care.  Additionally, the extended family member can secure copies of the minor child’s records, held by third parties, that are necessary for the care of the child, including but not limited to:

1.      Medical, dental, and psychiatric records.

2.      Birth certificates and other records.

3.      Educational records.

The extended family members, who are awarded temporarycustody under Chapter 751, can also enroll the child in school and grant or withhold consent for a child to be tested or placed in special school programs, including exceptional education.  In essence, the extended family member, under Chapter 751, can do all other things necessary for the care of the child.

Pursuant to Florida Statute 751.011,  an extended family member means a person who is:

(a)    A relative of a minor child within the third degree by blood or marriage to the parent; or

(b)    The stepparent of a minor child if the stepparent is currently married to the parent and is not a party in a pending divorce case or other civil or criminal proceeding involving one or both of the child’s parents as an adverse party.   

To obtain additional information  concerning  extended family members obtaining temporary custody of a minor child, contact Top Tampa Family and Divorce Attorney Nilo J. Sanchez Jr who is experienced with all of your family law issues.

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Tampa Florida Dissolution of Marriage

Attorney Nilo J. Sanchez, Jr., has been practicing family law for approximately 20 years in the Tampa Bay and surrounding area.  He is experienced in dissolution of marriage, child support,child custody, relocation, paternity cases in the Tampa, Florida area.  Mr. Sanchez realizes that not all dissolution of marriage cases are alike and require individualized attention to achieve the best results for his clients.

Dissolution of Marriage

(1) No judgment of dissolution of marriage shall be granted unless one of the following facts appears.

(a)  The marriage is irretrievably broken.

(b)  Mental incapacity of one of the parties.  However, no dissolution shall be allowed unless the party alleged to be incapacitated shall have adjudged incapacitated according to the provisions of s. 744.331 for a preceding period of at least 3 years.  Notice of the proceeding for dissolution shall be served upon one of the nearest blood relatives or guardian of the incapacitated person, and the relative or guardian shall be entitled to appear and to be heard upon the issues.  If the incapacitated party has a general guardian other than the party bringing the proceeding, the petition and summons shall be served upon the incapacitated party and the guardian; and the guardian shall defend and protect the interests of the incapacitated party.  If the incapacitated party has no guardian other than the party bringing the proceeding, the court shall appoint a guardian ad litem to defend and protect the interests of the incapacitated party.  However, in dissolutions of marriage granted on the basis of incapacity, the court may require the petitioner to pay alimony pursuant to the provisions of s. 61.08.

(2) Based on the evidence at the hearing, which evidence need not be corroborated except to establish that the residence requirements of s. 61.021 are met which may be corroborated by a valid Florida Driver’s license, a Florida voter’s registration card, a valid Florida identification card issued under s. 322.051, or the testimony or affidavit of a third party, the court shall dispose of the petition for dissolution of marriage when the petition is based on the allegation that the marriage is irretrievably broken as follows:

(a) If there is no minor child of the marriage and if the responding party does not, by answer to the petition for dissolution, deny that the marriage is irretrievably broken, the court shall enter a judgment of dissolution of marriage if the court finds that the marriage is irretrievably broken.

(b) When there is a minor child of the marriage, or when the responding party denies by answer to the petition for dissolution that the marriage is irretrievably broken, the court may:

1.  Order either or both parties to consult with a marriage counselor, psychologist, psychiatrist, minister, priest, rabbi, or any other person deemed qualified by the court and acceptable to the party or parties ordered to seek consultation; or

2.  Continue the proceedings for a reasonable length of time not to exceed 3 months, to enable the  parties themselves to effect a reconciliation; or

3.  Take such other action as may be in the best interest of the parties and the minor child of the marriage.

If, at any time, the court finds the marriage is irretrievably broken, the court shall enter a judgment of dissolution of the marriage.  If the court finds that the marriage is not irretrievably broken, it shall deny the petition for dissolution of marriage.

(3) during any period of continuance, the court may make appropriate orders for the support and alimony of the parties; the parenting plan, support, maintenance, and education of the minor child of the marriage, attorney’s fees; and the preservation of the property of the parties.

(4) A judgment of dissolution of marriage shall result in each spouse having the status of being single and unmarried.  No judgment of dissolution of marriage renders the child of the marriage a child born out of wedlock.

(5) The court may enforce an antenuptial agreement to arbitrate a dispute in accordance with the law and tradition chosen by the parties.

(6) Any injunction for protection against domestic violence arising out of the dissolution of marriage proceeding shall be issued as a separate order in compliance with chapter 7.41 and shall not be included in the judgment of dissolution of marriage.

(7) In the initial pleading for a dissolution of marriage as a separate attachment to the pleading, each party is required to provide his or her social security number and the full names and social security numbers of each of the minor children of the marriage.

(8)  Pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, each party is required to provide his or her social security number in accordance with this section.  Each party is also required to provide the full name, date of birth, and social security number for each minor child of the marriage.  Disclosure of social security numbers obtained through this requirement shall be limited to the purpose of administration of the Title IV-D program for child support enforcement.

http://www.divorcelawyer-tampa.com