What types of alimony are available to someone seeking support?

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.
 After equitable distribution has been made, the court may consider an award of alimony. 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. Permanent alimony continues until the receiving spouse’s remarriage or the death of either party. Rehabilitative and permanent alimony generally are paid periodically (i.e., monthly or semi-monthly). The court may grant some combination of the two. The court may also order lump-sum alimony where one party pays to the other party a lump-sum payment of money or property. Although adultery does not mandate or bar an award of alimony, the court may consider the circumstances of that adultery in determining an award of alimony.

You have the right to find out about all your spouse’s income and assets through the use of discovery procedures which your attorney will explain to you.

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Can I force my exhusband to pay for private school?

No. A parent cannot be required to contribute to a child's private schooling expenses unless the court can make certain findings such as the parent has the ability to pay, the expenses are the customary standard of living for the parties, and it is in the child's best interest. The court will look that these factors and make a determination.



Need more information Check out these links:


http://www.attorney-help.us

 http://www.findlaw.com

Remember choosing a lawyer is an important decision not to be taken lightly. If you have questions call my office an schedule an appointment.Posted byCarolyn Jonesat6:13 AM

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Practical Legal Advice: Can I force my exhusband to pay for private school?

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What are the Bill of Rights?

1st freedom of religion, speech, press assembly, and petition.
2ND right to keep, and bear arms
3rd lodging troops in private homes
4Th search, seizures, proper warrants
5Th criminal proceedings, due process, eminent
6Th criminal proceedings
7Th jury trials in civil cases
8Th bail; cruel unusual punishment
9Th UN enumerated rights
10Th powers reserved to the states

Need more information Check out these links: www.archives.gov/exhibits/.../bill_of_rights_transcript.html


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My girlfriend wants to move out of state with our child what are my options?

 First in order to protect your rights as the Father of the child you need to legally establish Paternity. Paternity is established by filing a petition with the court. Through this action you can also get visitation and determine custody, and child support. You should not let your girlfriend move away without establishing these rights. Also keep in mind that, Florida has a law called the “Relocation Statute”. The law says that once you have a divorce case or a Parenting Plan you cannot move the children more than 50 miles unless the other parent agrees or the Court says that you can. The law has a number of factors to consider, such as the reason for the move, how involved the non-moving parent has been with the children, and other important matters to decide if a move is in the best interests of the children. In any case you need to have a court order in place to assert your rights.

Need more information? Check these links below

www.divorcemag.com/ON/faq/pdfogelman.html

http://en.allexperts.com/q/Family-Law-Divorce-920/2008/2/move-child-1.htmPosted byCarolyn Jonesat4:51 AM

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My Spouse owes childsupport and they are gonna take our tax return what are my options?

In order to protect the portion of the tax return that you feel belongs to you the IRS allows you to file a form 8379 along with your tax return as a Injured Spouse.You are an injured spouse if your share of the overpayment shown on your joint return was, or is expected to be, applied (offset) against your spouse's legally enforceable past-due federal taxes, state income taxes, child or spousal support payments, or a federal non-tax debt, such as a student loan. If you are an injured spouse, you may be entitled to receive a refund of your share of the overpayment. In order to file a claim you will need to get Form 8379, Injured Spouse Allocation. The IRS has to make the determination that you qualify for such relief. 


Need more information:


http://www.irs.gov/publications/p971/ar01.html


http://www.ehow.com/how_9184_distinguish-between-injured.html



Posted byCarolyn Jonesat5:12 AM

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How can I serve my husband divorce papers without his address?

Even if you are unsure about your spouses current residence if you are a resident of Florida for six months or more prior to filing. You can do a substitute service of your spouse by publication.

To file for divorce and serve your spouse through publication, you must take steps and then swear under oath that you have made diligent attempts to either serve your spouse or, if you do not know your spouse's whereabouts, made diligent attempts to locate your spouse. To prove this, you file an Affidavit of Diligent Search and Inquiry showing what steps you took along with a Notice of Action for Dissolution of Marriage. You will also be required to file a Nonmilitary Affidavit saying that your spouse is not in active military service in the United States. ( these forms and directions can be found at flcourts.org click the family law forms tab)
Once the requirements to serve through publication are met, you will publish a Notice of Action for Dissolution of Marriage for four (4) consecutive weeks in a local newspaper or publication. The clerk of court may provide you with publications qualified to print your publication. In your notice of action, there will be a date in which your spouse must respond by. If there is no timely response filed, then a default will be issued against your spouse and you may proceed with your divorce through the default process and have an uncontested hearing without your spouse. However, the relief you seek through the court will be restricted. The court will be unable to rule on certain issues such as alimony, child support and distribution of assets and liabilities.

Please note this is not meant to substitute seeking legal counsel and that choosing a lawyer is not something to be taken lightly.  If you need help please contact my office for an appointment.


Need more info: Check out this sites:
http://www.hg.org/article.asp?id

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