Tag: alimony trends

Modification of Alimony and Support, and some great Coronavirus information

Posted by Ron Kauffman on

More and more of my clients are asking about modification of alimony and child support because they or their Ex has lost jobs or seen their incomes slashed. There is also a wealth of information about the coronavirus, and one video in particular is a standout.

Alimony Modification

Life in the Coronavirus Economy

We didn’t just pass a $2 Trillion aid package for no reason. Markets have suffered, restaurants, bars and other businesses across the country have closed or are limping along until the market returns.

Employers have furloughed employees or reduced staffing in order to prevent the spread of the cornavirus and manage the economic impact it has created. For many people, this impacts their bottom line.

What if you or your ex-spouse or co-parent has alimony or child support obligations that can no longer be paid as a result of reduced income? Or what if you have lost your job and need additional support?

The time to act may be now in order to get the right information, preserve your legal rights, even while you are trying to work cooperatively with your Ex for the benefit of everyone in the family.

Florida Alimony and Child Support Modification

I recently spoke at the Florida Bar Family Law Section/AAML Certification Review Course in Orlando on the topic of Modifications. There are a few reasons why alimony and child support can be modified.

Dramatic changes brought on by the Coronavirus in people’s health, inability to go back to work, substantial drops and rises in pay, big gifts or lottery winnings, loss of jobs, furloughing, and early retirement are the major forces behind alimony and child support modification.

In Florida, to modify alimony and child support, you have to show three fundamental things: a substantial change in circumstances, the change was not contemplated at the time of the final judgment of dissolution, and that the change is sufficient, material, involuntary and permanent in nature.

Florida courts have discretion to modify alimony and child support retroactively to the date of the original filing of the action to modify, or supplemental action for modification depending on the cause.

It is important to keep in mind that you have to take the initiative, a court will not increase or reduce or terminate your alimony and child support payments if you have not filed the appropriate pleadings.

Simply not paying alimony and child support could cause the court to issue sanctions, pay the other side’s attorney’s fees, have your driver’s license suspended, or possibly even jail.

Great Coronavirus Information

There’s an excellent and instructive video from Dr. David Price of the Weill Cornell Medical Center in New York City who is treating COVID-19 patients. Dr. Price shares information in a Zoom call with his family and friends on protecting yourself during the COVID-19 pandemic. Well worth a look. Some important take aways:

  • Clean your hands.
  • Wear a mask outside – not to prevent breathing in the coronavirus – but because your less likely to touch your face.
  • Stay away from people. Distance yourself from other people outside of your quarantine. Stand a 3-6 feet back.
  • Shrink your social circle. Find your isolation group and keep. It is the people maintaining large social circles who are catching and spreading COVID-19.
  • What if you catch COVID-19?

Throughout the world, the way the COVID-19 disease has been transmitted is primarily through family and your close contacts: dads and sons, husbands and wives, romantic partners, etc. If you develop a fever, isolate yourself from your family and the same rules apply: no-sustained contact to avoid picking it up. Ideally, the sick should have their own bathroom, their own bedroom, one medical mask is needed . . . on the person who is sick.

The video is here.

 

Divorce and Infidelity in Congress

Posted by Ron Kauffman on

Rep. Ilhan Omar is divorcing her husband. The Minnesota Democrat filed for divorce from Ahmed Hirsi last week. This news follows earlier reports that the Representative’s political consultant is facing his own divorce because of his infidelity with Rep. Omar.

Sex and No Fault Divorce

The Candidate

Omar and Hirsi became engaged in 2002 but never legally married. The pair had two children together before separating in 2008. Omar married Ahmed Nur Said Elmi in 2009 and later said the two obtained a divorce in their Muslim faith tradition — albeit not a legal one — in 2011.

Beth Mynett, wife of Omar’s political consultant, alleged in court documents that her husband, Tim Mynett, confessed his “devastating and shocking declaration of love” for Omar this past April, which led to the divorce.

Tim Mynett’s company, the political consulting firm E Street Group, has worked with Omar’s campaign. Federal campaign finance records show that Omar’s campaign paid Tim Mynett $7,000 in July 2018 and E Street Group roughly $222,000 from 2018 to 2019.

The E Street Group and lawyers issue a statement saying “E Street Group does not comment on the personal life of either our staff or clients. As with all marriages, this is intensely personal and a difficult time for their family.

Florida Divorce and Infidelity

I’ve written about the impact of cheating and divorce before. In practical terms, adultery as a crime poses very little threat of prosecution, but it could have other consequences.

Cheating on your spouse can even be grounds for losing your job. This is particularly true in the military, where adultery has a maximum punishment of a dishonorable discharge.

Chapter 61 discusses the “the moral fitness of the parents” as one of the factors the court considers in determining the best interests of a child. Adultery may impact the division of property. Proof that one spouse intentionally wasted marital assets could be seen as dissipation of assets. Adultery of either spouse could be a factor in determining the amount of alimony, if any, to be awarded.

There are times when evidence of adultery comes into evidence. Most often it doesn’t. In 2003, the U.S. Supreme Court ruled in Lawrence v. Texas that sexual activity between consenting adults is legal.

Ms. Omar Goes to Washington

Omar and Hirsi reconciled after that and had a third child together in 2012. The lawmaker officially filed to divorce Elmi in 2017, and legally married Hirsi in 2018.

Earlier this year, a Minnesota campaign finance board’s investigation found that the 38-year-old freshman congresswoman and Hirsi filed joint tax returns in 2014 and 2015, while she was still legally married to Elmi.

“For years, Ilhan and Ahmed have been the object of speculation and innuendo from political opponents and the media. This has taken a significant toll on Ilhan, Ahmed, and their three children.”

The divorce documents allege there has been an irretrievable breakdown of the marriage relationship. Omar said neither partner is seeking an order of protection and she asks the court to grant them “joint legal and physical custody” of their three minor children. She also asked the court to determine child support to “serve the minor children’s best interest” and award the “marital property” as the court “may deem just and equitable.”

The Hill article is here.

 

Short Term Alimony for a Three-Minute Marriage

Posted by Ron Kauffman on

In Kuwait, a newly married woman demanded a divorce within three minutes of signing her marriage contract. The Kuwaiti marriage is one of the shortest on record. But here’s an interesting question: what if she asked for short term alimony?

Short Term Alimony

Sands of Time

What lead to such an abrupt change of mind about nuptials? According to Kuwaiti news sources, the newly married woman tripped before exiting the courthouse with her husband after the judge married them.

Her newly minted husband made the “classic” new husband mistake: he started laughing at her for tripping and then called her “stupid”.

The bride became so infuriated with her new husband’s naïve mistake, she returned to the courthouse and demanded a divorce from the judge who just married them.

The Kuwaiti judge agreed and served an annulment just three-minutes after he originally married them. The couple, who live in Kuwait, never even left the courthouse as husband and wife.

So, is she entitled to any form of alimony?

Florida Alimony

I’ve written about divorce and the length of a marriage before. Florida Statutes actually define what the length of your marriage means. For example, in order to determine alimony, there is a rebuttable presumption in Florida that a short-term marriage is a marriage having a duration of less than 7 years.

Florida Statutes define a moderate-term marriage as a marriage having a duration of greater than 7 years but less than 17 years. And, a long-term marriage is a marriage having a duration of 17 years or greater.

How do you measure the marriage term? In Florida, the length of your marriage is the period of time measured from the date of your marriage until the date of filing of an action to dissolve your marriage.

In the Kuwaiti case, a three-minute marriage would be considered “short-term” under Florida law. Is there short term alimony for a short term marriage? The Length of the marriage is very important when it comes to determining the kind of duration of alimony payments. For example, permanent alimony is generally for longer term marriages if the statutory criteria are met. In shorter term marriages and for moderate term marriages, permanent alimony may be considered, but the burden of proof is much higher.

Conversely, bridge-the-gap alimony is generally awarded to allow a person to transition from being married to being single. So, bridge-the-gap alimony is designed for short-term needs. In fact, the length of an award bridge-the-gap alimony may not exceed 2 years.

Durational alimony helps provide a person with economic help for a set period of time after short or moderate length marriages or following a marriage of long duration if there is no ongoing need for support on a permanent basis.

The length of your marriage also factors in to property divisions. When a court divides the marital assets and debts, the court begin with the premise that the distribution should be equal. One of the factors a court can look to in justifying an unequal distribution includes the duration of the marriage.

Are congratulations in order?

Many on the internet who heard about the case responded in support of her choice, lauding her decision because, as one put it, “If this is how he acts in the beginning of their lives together, then its best she leaves now.”

Another responded, “Marriage without respect is a failed one from the start.”

A Twitter user commented: “This woman is a queen” In another case a bride who insulted her husband-to-be when she arrived at the altar and demanded the groom change his outfit. It’s believed to be the shortest marriage in Kuwait’s history.

The Khaleej Times article is here.

 

Divorce and Short Term Marriages

Posted by Ron Kauffman on

Baretta action star, Robert Blake, has filed for divorce from his third wife, Pamela Hudak, just a year after the two strolled into Beverly Hills City Hall to obtain their marriage license. What is the impact of such a short-term marriage on divorce?

divorce alimony

And that’s the name of that tune!

According TMZ, actor Robert Blake filed docs in Los Angeles Friday to call the relationship quits. The 85-year-old married Pamela Hudak in Spring of 2017. The couple had known each other for decades and even dated years ago. Blake was previously married to Sondra Kerry from 1961 to 1983.

Florida Divorce

I’ve written about divorce and the length of a marriage before. Florida Statutes actually define what the length of your marriage means. For example, in order to determine alimony, there is a rebuttable presumption in Florida that a short-term marriage is a marriage having a duration of less than 7 years.

Florida Statutes define a moderate-term marriage as a marriage having a duration of greater than 7 years but less than 17 years. And, a long-term marriage is a marriage having a duration of 17 years or greater.

How do you measure the marriage term? In Florida, the length of your marriage is the period of time measured from the date of your marriage until the date of filing of an action to dissolve your marriage.

The Length of your marriage is very important when it comes to determining the kind of duration of alimony payments. For example, permanent alimony is generally for longer term marriages if the statutory criteria are met.

In shorter term marriages and for moderate term marriages, permanent alimony may be considered, but the burden of proof is much higher.

Conversely, bridge-the-gap alimony is generally awarded to allow a person to transition from being married to being single. So, bridge-the-gap alimony is designed for short-term needs. In fact, the length of an award bridge-the-gap alimony may not exceed 2 years.

Durational alimony helps provide a person with economic help for a set period of time after short or moderate length marriages or following a marriage of long duration if there is no ongoing need for support on a permanent basis.

The length of your marriage also factors in to property divisions. When a court divides the marital assets and debts, the court begin with the premise that the distribution should be equal. One of the factors a court can look to in justifying an unequal distribution includes the duration of the marriage.

Don’t do the crime if you can’t do the time.

Blake was accused of murdering his second wife, Bonnie Lee Bakley. Blake was her tenth husband. Bakley was fatally shot while sitting in Blake’s parked car outside a Los Angeles-area restaurant in May 2001.

In 2002, Robert Blake was charged with Bakley’s murder, solicitation of murder, conspiracy and special circumstance of lying in wait. In March 2005, a jury found Blake not guilty of the crimes.

Seven months later, Blake was found liable in a wrongful death lawsuit brought against him by Bakley’s children. Officially, Bakley’s murder remains unsolved.

The TMZ article is here.

 

Alimony for Him

Posted by Ron Kauffman on

Score another win for the women’s rights movement, but I’m guessing it’s not a win women will celebrate. In a surprise twist in the age of #equalpay, more women in divorce are having to pay alimony to their ex-husbands.

Hear Me Roar!

As MarketWatch reports, an increasing number of women are paying alimony and child support when their marriages break up, according to a recent survey by the American Academy of Matrimonial Lawyers.

Some 54% of the attorneys surveyed have seen an increase in women paying child support in the last three years, and 45% noticed an uptick in women paying alimony.

Despite complaints about the women’s pay gap, the trend of women paying alimony is being seen as a sign of women’s growing earning power. But experience is also showing that having to pay a man alimony is a bitter pill to swallow for women.

Florida Alimony

I’ve written about alimony, and alimony reform in Florida, many times. In every dissolution of marriage case, the court can grant alimony to either party – husband or wife.

Not many people realize there are several types of alimony in Florida: bridge-the-gap, rehabilitative, durational, or permanent alimony.

Florida courts can also award a combination of alimony types in a divorce. Alimony awards are normally paid in periodic payments, but sometimes the payments can be in a lump sum or both lump sum and periodic payments.

In determining whether to award alimony or not, the court has to first make a determination as to whether a wife or a husband, has an actual need for alimony, and whether the other party has the ability to pay alimony.

Once a court determines there is a need and ability to pay alimony, it has to decide the proper type and amount of alimony. In doing so, the court considers several factors, some of which can include:

  • The standard of living established during the marriage.
  • The duration of the marriage.
  • The age and the physical and emotional condition of each party.
  • The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each.
  • The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate.

But, the gender of the recipient is not a statutory basis for granting or denying alimony. Courts are supposed to be blind to gender in alimony awards.

The Future is Female!

Many women, no matter how educated, how professional, how modern they are, are surprised to learn that they might have to pay alimony. In the past, maybe mom was a kindergarten teacher and dad was working on Wall Street. For example:

  • In 1960, just 11% of households with children under 18 had mothers who were the breadwinner.
  • In 2013, moms were the primary provider in a record 40% of families, a 2013 Pew Research Center report found.
  • Some 31.4% of single dads who have custody of their kids received spousal support in 2016, and 52.3% of moms did.

The average amount of child support was $5,774 per year, or about $329 a month, but only 68.5% of that money was actually received, according to Census data.

Equality Includes Both Genders!

Paying alimony is something Sarah Gilbert never thought she would have to do, but the 44-year-old mom of three boys now sends $349 a month to her ex-husband. The Portland, Ore. resident says the experience has made her never want to get married again, even though she’s now in a happy relationship.

Her husband was a stockbroker when they first met, then he left the financial world to join the U.S. Army. After the military, he struggled to find work and was unemployed when they split. She was shocked when a judge gave her ex-husband primary custody and ordered Gilbert to pay monthly support.

The jaw dropped out of my mouth. I literally could not believe it. Had I been working a corporate job, I would have expected to pay spousal support to him, but I was a tour guide.

As a defense to paying alimony, working women going through a divorce will sometimes argue that their husbands are underemployed and could have earned much more than if he worked harder.

But the reality is, if during the course of the marriage, you and your husband agreed he’d earn less, work less, and you took on the role of the primary breadwinner, you’re going to pay that support.

The MarketWatch article is here.