12.17.08
Posted in Uncategorized, spousal support at 1:38 pm by carolann
Florida law provides that timesharing between divorced parents is arranged to suit the best interests of the children and is outlined in a parenting plan. Ideally, each parent should be able to spend as much time parenting his or her children as is possible. However, when one parent suffers from an addiction problem, establishing a parenting plan becomes more complicated. Many parents in Broward County struggle with addiction. Ongoing drug and alcohol abuse can threaten a parent’s livelihood and their ability to support children financially and emotionally. A parent’s problem with addiction may even have been a reason why the marriage did not survive.
Addiction to drugs or alcohol can have both a physical and a mental component. The parent’s dependence on a substance may override all of her other needs, including holding down a job and maintaining personal relationships. Sadly, someone with a substance abuse problem may not be able to properly care for her children due to extreme mood swings, child neglect, or other effects of the drugs or alcohol. In some cases, psychological addictions beyond traditional substance abuse – such as gambling and computer usage – can affect the parent-child relationship. Even if the children do not live with the addictive parent, the addiction can severely affect the parent’s ability to pay child support and to properly care for the children when they are in that parent’s care. At the very least, addiction issues impact the parent-child relationship.
If your former spouse has a problem with addiction, you should be concerned about your children’s safety. He could drive drunk with them in the car, use drugs in their presence, overdose, or just improperly supervise them. For this reason, it is important to document instances of the abuse and, as much as is possible, retain corroborating evidence of the problem and how it affects your former spouse’s day-to-day functioning and the lives of the children.
You may prefer that the addictive parent not be around your children at all. However, you should remember that family courts place a high priority on maintaining familial relationships, particularly the parent-child bond. A Fort Lauderdale area divorce lawyer can navigate through this process. The addicted parent could get limited, supervised timesharing or no timesharing at all.
Coordinating timesharing is an issue that requires cooperation between parents. Establishing a parenting plan that both parents can agree to and follow is ideal. An addictive parent makes that process more difficult, because they may not always be rational, they may have difficulty following the plan, and there is concern about what they are doing in the presence of the children.
If your former spouse has an addiction problem and you want this issue to be addressed in your parenting plan, it is important to have a Fort Lauderdale area divorce lawyer on your side. Children develop attitudes about alcohol and drugs at a very young age; studies also show that children of addictive parents are more likely to abuse substances themselves. You cannot change your former spouse or her behavior, but you can work to protect your children.
If you are going through a divorce in the south Florida area, contact Broward divorce attorney Carolann Mazza, P.A. for your free consultation today. From her office in Fort Lauderdale, Ms. Mazza serves Broward and Palm Beach Counties. Contact Carolann Mazza today at 954-527-4604. The office is located at 1040 Bayview Dr., Suite 605, Ft. Lauderdale, Florida 33304.
The decision to hire a lawyer should not be based on advertising. Carolann Mazza can provide you with information pertaining to her qualifications. This website is designed for general information, not legal advice. Accessing this site does not constitute the formation of the attorney/client relationship and should not be construed as formal legal advice. Please consult an attorney if you are in need of legal advice and representation.
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11.13.08
Posted in alimony, bridge-the-gap, divorce, family law, lump sum, permanent periodic, rehabilitative, spousal support, temporary at 8:42 am by carolann
Alimony (also known as spousal support) is a tool that the court can use to make sure each spouse is treated fairly upon divorce. Florida family law recognizes different types of alimony: including permanent periodic, lump sum, rehabilitative, and bridge-the-gap. The court can also award temporary alimony during the duration of a divorce case. A person may receive more than one type of alimony, depending on the individual facts and circumstances of the marriage.
When considering an award of alimony, a Florida court can examine any factor, including the adultery of either spouse, the length of the marriage, and the employment prospects of the spouse who would receive the alimony. Alimony is not the same as child support and is evaluated as an entirely separate matter. In Florida, the alimony issue must be decided before the court establishes child support.
Temporary alimony may be granted to maintain the status quo during the pendency of a divorce case. For example, if one spouse functioned as a traditional homemaker and did not earn income outside the home and the other spouse paid the marital bills from income earned outside the home, the working spouse can be required to continue to pay the marital bills until the final disposition of the divorce.
If one spouse needs some help getting on his or her feet, the court may award bridge-the-gap alimony. This alimony is awarded to assist the person in the transition from married life to single life and is generally awarded for two years. For example, if the spouse is having a hard time finding a job or is no longer living in the marital home, a court may award bridge-the-gap alimony to allow that spouse to find a job or appropriate housing.
A spouse might request rehabilitative alimony if that person requires the time to acquire new skills or resume an educational/career track that was interrupted during the marriage. Rehabilitative alimony is specifically designed to further the receiver’s career options and requires a specific plan toward that goal.
A court will award permanent periodic alimony, usually on a monthly basis, if one spouse needs to be supported indefinitely. Generally, the award of permanent periodic alimony in Florida turns on the duration of the marriage, although other factors are also applicable. Permanent periodic alimony usually lasts until the death of either spouse or if the spouse receiving the payments remarries. Florida law recently changed to allow a reduction/cessation in permanent periodic alimony in the event the recipient spouse is cohabiting with someone who financially supports them.
Lump sum alimony is one large payment paid directly from the distribution of the marital assets. It may consist of money, the marital home, a combination of the two, or other assets. A court might opt for lump sum alimony instead of permanent periodic alimony if there is extreme hostility between the spouses to the degree that an ongoing arrangement is not practical or in the event that one spouse is ill and is expected to die prematurely.
Traditionally, alimony was only available to women. Nowadays, both men and women can petition the court to award support, although it is still more commonly requested by women who have devoted their energy to raising a family. With more women in the workforce and more women out-earning their husbands, the number of men entitled to alimony is sure to increase.
If you are going through a divorce in the south Florida area, contact Carolann Mazza, P.A. for your free consultation today. From her office in Fort Lauderdale, Ms. Mazza serves Broward and Palm Beach Counties.
Contact Carolann Mazza at 954-527-4604. The office is located at 1040 Bayview Dr., Suite 605, Ft. Lauderdale, Florida 33304.
The decision to hire a lawyer should not be based on advertising. Carolann Mazza can provide you with information pertaining to her qualifications. This website is designed for general information, not legal advice. Accessing this site does not constitute the formation of the attorney/client relationship and should not be construed as formal legal advice. Please consult an attorney if you are in need of legal advice and representation.
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