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Kissimmee Florida Divorce Law Blog

What are my options if my ex quits paying the alimony they owe?

Florida family law judges used to award spousal support more indiscriminately and for extended periods of time in the past. In recent years though, they've ordered spouses to pay it only in particular instances and on a temporary basis.

Best case scenario nowadays is that, if a judge decides that you warrant receiving alimony, then you actually desperately need it. If your ex stops paying, you may wonder what options that you have available to you.

Dividing your debt during a divorce

Chances are that you entangled your finances with your spouse's soon after you married or maybe even before your wedding day. You may have bought a house together, opened joint credit card accounts, took out an auto loan or consolidated your educational debt. At the time, you may have thought that taking these steps helped to solidify your relationship. Now that you are preparing to divorce, you wonder how you will divide responsibility for your debts.

In Florida, if you and your spouse do not reach an agreement on your own, the courts will divide your assets and your debts. Florida is one of many equitable distribution states, which requires the court to split the debts as fairly as possible, taking many factors into consideration. However, in order to obtain a fair division, it may help you to understand your rights and to take some important steps before filing for divorce.

Does a noncustodial parent's remarriage affect child support?

It's common for couples who divorce while their children are young to want to want to get married again after some years have passed. At the same time, one of the common questions that they ask a Florida family lawyer before they walk down the aisle is if their change in marital status impacts their responsibility to pay child support.

If the noncustodial parent decides to walk down the aisle again, then their decision rarely impacts how much child support that they owe, even once their income gets combined with their new spouse's.

Why seniors attempt to hide their impending divorces

Of all the months out of the year, January is often the one in which Americans decide to file for divorce in more significant numbers than the rest. They're often motivated to keep up appearances and make it look like their marriage is happy and healthy as a way of not ruining others' holidays in November and December. As divorce rates have doubled among seniors ages 50 and over in recent years, this is something that they do as well.

Studies show that many seniors' motivation to hide their impending divorces stems from them feeling less secure about their financial future. Spouses 50 and older may be nearing retirement or may be about to send their child off to college. They may have been married a long time and not be aware of how costly it can be to live on their own. Their fear of the unknown, especially the financial landscape that awaits them, can cause them internal turmoil.

What types of child visitation are there in Florida?

Once and you and your ex decide to go your own separate ways, one of the first things that you'll want to discuss is how to share custody of your children. If you're unable to reach an agreement about how to do so, then a judge may be asked to step in and decide for you. If they're asked to do so, then they end up awarding one of you primary custody and the other visitation depending on testimony presented in the case.

Unsupervised visitation

What documents do I need when asking for alimony?

In many households across America, one spouse will assume the role of breadwinner for the family while the other stays home caring for the kids. That can create financial concerns for the homemaker spouse if there's a divorce. If you're in this situation, you may realize that you can request alimony -- but you may not be certain about what figures into a judge's decision about whether or not you'll receive it.

Essentially, you need to show the judge that it would be unfair not to provide you with some spousal support -- whether for a limited period or an extended one. You want to gather documents that will help you prove that your spouse has the ability to provide you with support. You also want to show that you deserve it -- because you stayed home with the kids for your spouse's benefit (so he or she could pursue a career). It would be unfair to punish you financially now for a choice you made that benefited the marriage.

How can you know if your co-parenting plan will work?

As a parent, one of your main concerns regarding your divorce likely pertains to your children. How will your divorce impact their lives? How will you provide them with continuity of lifestyle? Many Florida parents find that the solution that best answers these questions and others is to opt for a co-parenting plan. This choice will allow your children to have regular access to both parents.

Co-parenting offers many benefits to the children, but it is not always easy for the parents. Even well after a divorce is final, hard feelings can linger or complications can arise when one parent moves on in his or her personal life. Whether you are in the midst of divorce or are already in the trenches of post-divorce parenting, it can be helpful to step back, evaluate your goals and identify what is best for the children.

How can divorcing parents arrange to pay for a child's college?

The older your kids get, the more likely it is that you're becoming more nervous about how you're going to pay for their college, especially if you haven't been saving along the way. Parents who are facing a divorce are likely to face even more uncertainty about how to get their kids through school.

If you don't have a contingency plan in place for what happens if you get divorced or something happens to your spouse, then you're not alone.

Ugly details of Amber Heard-Johnny Depp divorce revealed

Amber Heard and Johnny Depp divorced in 2016, but that hasn't stopped their divorce from making recent news. A United Kingdom tabloid obtained -- and released -- a 471-page transcript of the deposition given by Amber Heard about their marriage.

To say that the transcript is devastating to Depp in the wake of the #MeToo Movement is probably an understatement. The actor's reputation had already taken some serious blows after allegations surfaced early on in their divorce that he had been violent toward Heard. He allegedly broke things in a rage, threw her phone at her, grabbed her hair and struck her in the face before their final fight was over.

Divorce 30 percent more common among those who fight about money

A Fidelity Couples & Money study published just this month captures how half of all Americans enter relationships encumbered by debt. At least 40 percent of these individuals say that their financial woes end up causing them to fight. It shouldn't come as a surprise that researchers at Utah State University have determined that those couples who fight about finances divorce 30 percent more often than those who don't.

Researchers say that many couples struggling to manage their money tend to believe that their financial woes can best be dealt with by splitting up. They note that they think this has a lot to do spouses disagreeing as to who is responsible for incurring the debt.

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