Under a new bill sponsored by Rep. Stephen Sandstrom, R-Oregon, dads or moms who want to be stay-at-home parents after a divorce could be granted extra alimony.

If the bill is successful then those parents that can prove that they were stay-at-home parents before the divorce, and they were not at fault for the divorce, then they could be granted enough alimony so that they wouldn't have to go out and support themselves with an outside job.

While this would be great victory for current stay-at-home parents, Sandstrom admits that defining fault will be the most difficult part of the bill. Elements such as addictions to gambling or pornography could be grounds for fault under the new bill. Under the same bill parents could be used for religious observances if both parties are amenable to the arrangement.

Have questions about alimony in Florida?  Contact our team to get answers from a Jacksonville family lawyer.

If you will soon be paying or receivingalimony payments there are several things you should become familiar with.

To begin, alimony payments must be specifically outlined in any divorce agreement, as well as separation and annulments. Even if you decide to give your spouse payments after your marriage they will not be considered alimony unless recognized by a legal authority. Only alimony payments will be eligible for tax deductions as taxable income; any voluntary payments cannot be considered as such.

All payments must be made as cash or liquid payments like money orders or checks. Any amounts of money that are earmarked for supporting dependents or children cannot be claimed as alimony. 

If both spouses still live in the same household, even after divorce, any payments made between them cannot be claimed as alimony. When one spouse dies the alimony payments should not continue; if they do, however, any payments made will not be eligible for tax-deductions. 

Planning to obtain alimony? Contact us to discuss your situation with a Jacksonville family law attorney who is familiar with Florida spousal support laws.

Irony strikes as a longtime employee of the IRS plead guilty to filing false tax returns for himself and members of his family. Albert Bront, 51, is not the first IRS employee to be found guilty of this crime.  However, he did claim large chunks of money that didn't exist. These included a $17,000 mortgage interest deduction where no mortgage existed, as well as a $12,000 deduction for alimony that was never paid.

Bront was able to pocket another $10,000 by filing fake returns in the name of his relatives who simply thought that he was being helpful.

After a large raid of the IRS in 2009, Bront has since plead guilty to three tax counts in a Los Angeles federal courthouse. He was immediately jailed and has agreed to pay back $127,000 for restitution. Bront could spend as many as nine years in jail; however, he will not know until his final hearing on April 13.

Having issues with alimony?  Contact our legal team to speak with a Jacksonville family law attorney. 

If you live in Florida and receive or will soon be the recipient of child support, you need to familiarize yourself with current and future laws regarding child support.  One such law, HB 907, covers alimony and child support. It will change the parameters affecting how courts decide child support and alimony payouts in divorce cases.

HB 907 will assess alimony partly based on the length of the marriage, deeming anything from 7 to 17 years as a moderate length; less than 7 years will be deemed a short-term marriage. Under this new law child support can also be extended beyond the standard 18-year-old mark, but only if the child is still in high school or has a disability.

The law was sponsored by Anitere Flores (R-Miami) and will apply to cases filed on July 1,2010 and later.

If you have questions about child support in your state, contact us to speak with a Jacksonville family lawyer as soon as possible.

Rumors are swirling around Kelsey Grammer's upcoming divorce are about the large amount of money he will be forced to pay in the settlement. Now that Grammer is taking no liberties at hiding his mistress, Kayte Walsh, from the public, it is certain that wife Camille Donatucci Grammer will try to take revenge.

Sources close to the family say that Camille was offered a sum of $30 million minus child support and alimony but she reportedly turned it down. Since there is no pre-nup involved in their marriage legal experts believe that she could easily get another $20 million, especially since she is a partner in his TV company.

That makes for a total of $50 million that she could ask for in addition toalimony and child support.

If you plan on asking for alimony from your spouse you need to enlist a Jacksonville family law attorney now.  Don't wait - contact Ellerin Hutchinson today!

Although a check for $15 million would make nearly anyone feel happy, it is not the case for Eddie Murphy's ex-wife Nicole Murphy. When the two they divorced four years ago after 13 years of marriage, Nicole opted to have a one-time payout of $15 million instead of monthly alimony payments.

What seemed like a smart decision at the time has taken a turn for the worse after Nicole's business investments also took a nosedive. She is now in debt and has been forced to take drastic moves to improve her financial situation. Her mansion is now for sale as the IRS is piling tax liens on her to the tune of $846,630. At this time she owes $5 million on her house and her landscaping company $60,000. At this point the money in her account is dwindling quickly.

If you are debating whether to ask for alimony from your spouse or take a one-time lump settlement for your divorce, you need tocontact a Jacksonville family law attorney to help you make this important decision.

Making the decision to get a divorce is difficult, as it doesn't just involve the splitting up of two people. It can also include the division of possessions, alimony, and child custody and support payments. Even though you can make an arrangement for alimony in the beginning of your divorced life, it is possible that one or another partner can request modification of alimony.

This can occur several years after a couple has been divorced when one partner finds himself (or herself) unable to either make spousal support payments or live on the agreed-upon payments. When this happens the affected party will seek alimony modification. There are many reasons why this could arise, such as when a spouse loses their job; or someone could get a better job, prompting the paying party to demand lower alimony payments.

If you are curious about seeking modification of alimony, either to reduce payments or to ask for higher payments, you need the legal assistance and advice of a Jacksonville family law attorney.  Don't wait to contact Ellerin Hutchinson to get our legal team involved.

When most people hear the word alimony, they cringe - especially if it is the person being asked to pay it. However, there are reasons why you might want to pay alimony.

To start, alimony is viewed differently on your tax return than, say, child support. It is a tax-deductible expense for the paying party, and a taxed expense for the party receiving it. This is most advantageous in situation of grossly different incomes, when one party will actually benefit from the  tax advantages. Judges are not always willing or eager to grant alimony in divorce cases.

This worked out well for one divorcing couple that realized a tax benefit with the husband's salary would more than make up for the wife's lower salary. He could even afford to pay her tax as well and still come out on top financially.

If you are curious about alimony payments and their advantages/disadvantages, speak with a Jacksonville family law attorney about your financial options.  Contact our legal team today!

Many residents in the state of Massachusetts are disappointed after a legislative session closed without any changes being made to alimony laws.  Now, Massachusetts still remains one of the few states in the U.S. that awards lifetime alimony.

Residents have been pushing for durational limits and some say they would prefer that alimony is granted for particular events or with time limits. According to a report from the Joint Massachusetts Bar Association/Boston Bar Association Alimony Task Force, there should be clear time limits and guidance for awarding alimony.  In its report, guidelines are listed that take into account the duration of a marriage.

For example, if a marriage lasted less than five years, the report says alimony should be provided for no more than 50% of the length of marriage.  However, if the marriage lasted more than 20 years, the report says alimony should be indefinite and that payments would terminate upon the retirement of the spouse who is making spousal support payments.

Have concerns related to alimony?  Contact us to get help from a Jacksonville family lawyer.

This week, a prominent podiatrist in Detroit managed to make national headlines after his wife learned he had two other wives and a judge found him in contempt for failing to pay child support and alimony.

49-year-old Dr. Kenneth Mitchell had been ordered to pay his soon-to-be ex-wife, Faye Miller, $10,000 by September 1^st.  He was also told he was responsible for her attorney fees.  When he failed to make payments, Oakland County Circuit Court Judge Cheryl Matthews issued a bench warrant.

Dr. Mitchell filed a motion to seek reduction in support and showed up in court so that his legal team could argue the motion.  However, Matthews noted the bench warrant and had him handcuffed.  Dr. Mitchell was then ordered to serve 14 days in jail.

According to court records, despite the fact that Dr. Mitchell said he was broke, he spent $5,000 on a trip to New Orleans.  Documents also showed that the doctor's two children and former wife are living on food stamps and welfare.

Having problems getting paid alimony or child support?  Contact our law office to get representation from a Jacksonville family lawyer.  

Recently, it has been reported that a woman who was receiving alimony had her payments terminated by the court.  After 18 years of marriage, the woman divorced her husband in 2006 and was given spousal support.

However, the support was temporarily terminated when it was discovered the woman had no permanent home, spent 80% of her time in her parents' home and resided with as many as six foster boys.  The boys occupied a bedroom upstairs in the woman slept on a couch in the basement. 

According to affidavits, the woman's children claimed that their mother had a sexual relationship with one of the teen foster boys.  After this became known, the woman's ex-husband asked a Judge Samuel McVey to terminate alimony.

The judge said that the woman in on teenager shared a common residence and therefore the woman would have to prove no sexual relationship took place.  She said she failed to disprove the sexual relationship and proceeded to terminate her alimony.

Later, the woman appealed the judge's decision.  The appeals court agreed with her and in her ruling, the court said McVey, "took an unduly narrow view of cohabitation."

Need assistance with an alimony related matter?  Contact us now to consult with a Jacksonville family lawyer. 

Any time a person is awarded alimony or spousal support and his/her spouse fails to pay in full or on time, the person may take several courses of action. 

First, the person may contact the county's proper department of revenue for enforcement of alimony assistance.  Second, a person can retain a family lawyer who can file a motion for contempt for court-ordered support payments.  Finally, a person can file his/her own motion with the court by filling out paperwork that is provided by the state of Florida.

Once a court orders alimony, and a spouse fails to make payments, the spouse is disobeying court orders.  When this happens, the spouse may be in contempt of court and subject to legal penalties like wage liens, property garnishment or even jail time.

If you are owed alimony and are having a hard time getting your former spouse to pay, contact Ellerin Hutchinson and learn about your options by consulting with a Jacksonville family lawyer.

Recently, it was announced that Kelsey Grammer's wife could get a $42 million divorce payout.  It is said that Camille Donatacci could be awarded a huge sum due to the fact that she owns half of Frasier star Kelsey's company, Grammnet Productions.  The company is responsible for numerous television hits, including Medium, featuring Patricia Arquette.

A source close to the case told a newspaper, "Camille stands to get half of all syndication of Frasier made during the years they were married. That's seven years of episodes, as well as income from other shows the company made, including Medium and Girlfriends."

Grammer married his wife in 1997, four years after his hit show Frazier aired on television.  Camille is a former Playboy model with two children, Mason Olivia and Jude Gordon.  In July, the couple decided to file for divorce citing irreconcilable differences as the reason for the termination of their marriage.

Donatacci is seeking joint legal custody and primary physical custody of her children, as well as spousal support and child support.  Grammer is reported to be worth $120 million.

If you are looking to secure help from a Jacksonville family lawyer, contact Ellerin Hutchinson now.

If you are paying alimony in the state of Florida, you may have questions about how your payments will impact your taxes.  In Florida, alimony is a tax deductible expense, which means you can claim these payments as part of your expenses.  Additionally, the spouse that receives alimony payments must list the payments on his or her taxes as part of his or her income.

This tax structure is required by law.  For this reason, neither spouse should consent to any verbiage in divorce agreements that does not comply with this tax structure.

If you pay or receive large amounts of alimony in Florida, it can definitely impact your overall taxes and financial big picture.  Should you have questions about alimony, it is a wise idea to take the time to meet with a Jacksonville family law attorney at Ellerin & Hutchinson.  To learn how we can help you, contact us today to set up your initial consultation.

After alimony has been awarded to a dependant spouse, the independent spouse will be responsible for making scheduled payments.  Depending on the court's orders, independent spouses may have to make monthly spousal support payments or periodic installment payments. 

In some states, people may also pay their alimony with one lump sum.  However, most spouses find it easier to make payments as income is earned, making lump sum alimony payments very rare.  Additionally, if independent spouses make their payment with one lump sum, the recipient may face tax consequences as spousal support is reported as income on tax returns.

Do you have additional questions about alimony or how this form of support is paid in Florida?  If so, your best option is to speak with a Jacksonville family lawyer that has experience handling alimony cases, like Ellerin & Hutchinson.  Contact our law office today to set up your initial consultation so we can answer your alimony questions.

Recent changes have been made to Florida's alimony laws that went into effect for pending cases and divorces filed after July 1, 2010. Courts will now determine whether one party actually needs alimony and whether the other party is able to pay it. The court will now also be responsible for determining the type and amount of alimony that is appropriate.

The definitions of short term, moderate term, and long term marriages have been re-defined to less than 7, between 7 and 17, and over 17 years, respectively. The length of the marriage is measured from the marriage date to the day that the dissolution petition is filed. Bridge-the-gap alimony and rehabilitative alimony are now in the statute. The former may not be modified, but the latter may.

Durational alimony has been added to Florida law. When permanent alimony is not appropriate, durational alimony can be awarded, and it can be modified but the length of the alimony cannot exceed the length of the marriage. Another change is that permanent alimony is codified and awarded based on the standard of living during the marriage. It can be awarded in any length term marriage, but requires exceptional factors to be granted in a short term marriage.

For further information about Florida's alimony laws, speak with a Jacksonville family lawyer today by contacting Ellerin & Hutchinson.

There are several types of  alimony a judge can order during a divorce:

• Temporary Alimony is paid while the divorce is still pending.

• Permanent Alimony is paid indefinitely, unless one of the parties dies or the spouse receiving support remarries. This type of alimony is common when the parties were married for a long time.

• Rehabilitative Alimony is paid while one of the parties acquires new job skills, education or obtains employment. Once the spouse has gotten a job or becomes financially self-sufficient, the payments usually stop.

• Lump Sum Alimony is paid just once.  Lump sum alimony is common in highly contentious divorce cases or if one of the spouses has a terminal illness.

• Bridge-the-Gap Alimony is designed to help one of the spouses until they are able to get back on their feet and financially support themselves.  This type of alimony is usually paid for two years.

How Alimony is Determined

Judges do not have a specific formula for determining alimony.  Instead, they take a number of factors into consideration, including, but not limited to:

• The duration of the marriage
• The standard of living the couple shared during the marriage
• Each spouse's current level of income
• If one spouse stayed home to raise children
• If one spouse worked while the other pursued higher education or a professional license
• If child support is also being paid

No situation is ever permanent.  Families expand, ex-spouses get remarried, jobs are lost and gained, incomes increase and decrease, and the cost of life fluctuates.  Sometimes a change in circumstances affects one’s ability to comply with a previous court order.  Fortunately, judges understand that life changes and with that people's situations change.  

Under Florida family law, you can ask the judge to change or modify a court order if you can prove a significant change in circumstances warrants the modification.  For example, if you were ordered to pay child support or alimony, but you have recently been laid off from your job or have become injured and are no longer able to work, you can ask the judge to lower the amount of support you are required to pay. Similarly, if you are the one receiving child support or alimony, and you would like to ask the judge for more money, you will need to prove why you deserve to get more support.

Time-sharing   and parenting plans can also be modified after a divorce has been settled.  The court understands that situations change, and is open to modifying a time sharing or parenting plan as long as you can prove it is necessary and that it does not compromise the best interest of the child.  Like all child-related family law issues, the judge’s main concern is to ensure that any changes or modifications you seek will not have a negative impact on the child.

There is no specific formula that is used to determine alimony. If the parties can reach an alimony arrangement on their own, the court will most likely agree to uphold the arrangement.  However, when the courts get involved, there are several factors that will be taken into consideration when determining alimony, such as:

• The duration of the marriage
• Each spouse’s financial contributions to the marriage
• Each spouse’s non-economic contributions to the marriage
• Each spouse’s current income and financial resources
• Whether one of the spouses stayed home to raise children
• Whether one of the spouses worked while the other pursued higher education, a technical degree, or a trade skill
• The standard of living the couple shared during their marriage
• How property was divided
• Each spouse’s age and health

Contact a Jacksonville Spousal Support Attorney

If you are considering filing for divorce in Jacksonville, it is important to hire an experienced attorney to represent you throughout the divorce process and make sure your rights and best interests are protected at all times. Whether you are seeking alimony, or your ex-wife or husband is seeking alimony from you, you can trust Jacksonville divorce lawyer Scott Ellerin to uphold your rights under Florida family law, and help to resolve your case in a way that protects your financial interests.

To schedule a consultation with Mr. Ellerin, please fill out an online case evaluation or click here to  contact the office today!