Alimony –  Bridge the Gap Alimony in Florida Bridge the gap alimony is appropriate where the receiving spouse is employed, possesses adequate employment skills, and requires no further rehabilitation.  “In contrast to permanent periodic alimony, ‘[b]ridge-the-gap alimony is designed to ease the transition of a spouse from married to single life.’ Hornyak, 48 So. 3d [...]

Alimony –  Standard of Living in Florida Disparity in income alone does not justify an award of permanent periodic alimony. “This court has recognized that ‘[d]isparity in income alone does not justify an award of permanent periodic alimony’ and that ‘[a]n award of permanent alimony is improper where the evidence does not reflect permanent inability [...]

Alimony –  Standard of Living in Florida Alimony is not intended to fund the enjoyment of every luxury enjoyed before the divorce.  “Her alleged needs included the purchase of clothing, a personal trainer, daily maid service, flowers, gifts, club dues and charges, vacations, beauty salon, and spa…Alimony is not intended ‘to fund the enjoyment of [...]

Alimony –  Standard of Living in Florida It is the exceptional case where a couple’s resources are sufficient to maintain two separate households with the same standard of living. “The standard-of-living is not a super-factor” over the other considerations. Donoff v. Donoff, 940 So. 2d 1221, 1225 (Fla. 4th DCA 2006); see Pirino v. Pirino, [...]

Alimony –  Standard of Review of Trial Court’s Rulings in Florida Trial Court’s Decision on whether to award permanent alimony is subject to an abuse of discretion standard of review.   “‘A trial court’s decision on whether to award permanent periodic alimony is subject to an abuse of discretion standard of review.’ Hornyak v. Hornyak, 48 [...]

A payor is required to pay interest on arrearages in child support.  “We also hold that it was error for the circuit court not to require the father to pay interest on the arrearage. See id. (‘The former wife is also entitled to collect prejudgment interest for all arrearages from the initial date that the [...]

A final judgment awarding alimony and child support creates a presumption that the payor has the ability to pay.  The payor bears the burden of proof to demonstrate that the payor cannot pay.  “The final judgment of support created a presumption that the father had the ability to pay child support and to purge himself [...]

Child support arrearage payments should be made during the supported child’s minority.  “We…reverse that portion of the order which allows the father to satisfy the $18,499.75 arrearage by paying only $20.00 per month. The repayment schedule would result in the father potentially not satisfying the arrearage until the child reaches twenty-nine years of age, without [...]

Failure to exercise time-sharing results in an adjustment of child support.  “We previously held that application of section 61.30(11(b) is mandatory. Seiberlich v. Wolf, 859 So. 2d 570, 571 (Fla. 5th DCA 2003). Florida law mandates a reduction in child support whenever the non-custodial parent spends a “substantial amount of time” with the child. § [...]

A homestead may be sold and the funds will be protected as long as they are held for the sole purpose of acquiring a new home.  “A protected homestead may be voluntarily sold, and the funds will be protected so long as they are not commingled and are held for the sole purpose of acquiring [...]