Alimony, previously termed spousal support, has a long history. It has evolved into the well-defined categories written into the law by the Florida legislature effective January 1, 2011. Until then, alimony was only referred to in the statutes in a general manner. As of 2011, there are now distinct and defined types of alimony, largely based on the years of marriage. We now have: Bridge-the-gap alimony, Rehabilitative alimony, Durational alimony, and Permanent periodic alimony.

In addition, temporary alimony has always been, and continues to be, available to the parties and the courts to maintain the spouse while the case progresses through the court system. The basic purpose of alimony is to provide support for the spouse who has the required “need,” from the spouse who has the required “ability to pay.” As now defined by the statute, the several types of alimony are:

Bridge-the-gap: to assist a party with a legitimate identifiable short-term need. This award may not exceed 2 years. It will automatically terminate upon the death of either party or upon the remarriage of the recipient. This type of alimony is not modifiable in amount or duration.

Rehabilitative: to assist a party in establishing the capacity for self-support. To be awarded this type of alimony, there must be a specific and defined rehabilitative plan presented.

Durational: (this is a new category created in this new law) to provide a party with economic assistance for a set period of time following a marriage of short or moderate duration. It may be awarded when permanent alimony is inappropriate as determined by the court.

Permanent: to provide for the needs and necessities of life as they were established during the marriage of the parties, for a party who lacks the financial ability to meet his or her needs and necessities of life following a dissolution of marriage.

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The legislature also, for the first time, defined marriages as:

Short-term: less than 7 years, from date of marriage to date of filing of a divorce case.

Moderate-term: greater than 7 years but less than 17 years in duration, from date of marriage to date of filing of a divorce case.

Long-term: 17 years or greater in duration, from date of marriage to date of filing of a divorce case.

There are many aspects of a divorce. It is imperative that each party be represented by an attorney with the knowledge, experience and skill required to represent the client and protect that client’s (and children’s) interests to the fullest.

Contact Attorney Steven Effman at 1000 south Pine Island Road, Suite 310 in Plantation, Florida. With his 34+ years of experience in handling the entire range of family matters, from uncontested divorces to highly complex family litigation, he is well equipped to handle your matter with knowledge, compassion and efficiency.

Going through a divorce, paternity or custody case is never a pleasant experience. It is stressful not only on the adults involved, but on their children, as well. There are many issues to consider and deal with in what many see as a never-ending process of meetings, hearings, details and finally a complex often confusing final hearing.

When children are involved, there are several basic issues which must be addressed. Where the children shall spend the majority of their time (what used to be called “primary custody”); how often and under what circumstances they shall have timesharing (what used to be called “visitation”) with their other parent; how much child support shall be ordered; who will provide them with health insurance; who will maintain life insurance for the children’s benefit and for how much; will they be able to attend camp or participate in extracurricular activities and who will pay for them; who will make decisions regarding the children’s school, religious upbringing, health issues, etc. And these are but a few of the matters which must be decided in such a case.

In addition to the children’s issues are factors such as alimony, division of marital assets and liabilities, attorney’s fees and expenses of the case, and many more.

All cases go through 3 basic stages: pleadings, discovery and trial. Additionally, all cases are required to be mediated before a final hearing. In some surrounding counties, mediation is required more than once in all cases…once before a temporary relief hearing and another before the final hearing.

If a divorce, custody battle, paternity, relocation, modification or other family case is in your future, your best move would be to contact the law offices of Attorney Steven Effman at 1000 South Pine Island Road, Suite 310 in Plantation, Florida. With his 34+ years of experience in handling the entire range of family matters, from uncontested divorces to highly complex family litigation, he is well equipped to handle your matter with knowledge, compassion and efficiency.

The experience and outstanding reputation of Attorney Steven Effman throughout the legal community have made him one of the leading divorce and family law attorneys in the area. Remember, who you choose to represent you will impact your life for years to come.

Child support is required and awarded to support a child or children of a marriage or a union between 2 people. It is not for the support of the other spouse or the mother of the child. Too many times, a father or mother will say “I won’t pay child support to help that greedy _____out”. For years, there was a popular bumper sticker plastered all over the child support hearing area in the courthouse saying “you didn’t divorce your kid. Pay your child support.” Nothing could be more accurate in summing up how many people confuse their intense dislike for the other spouse or parent with their independent obligation to contribute to the support of their child.

Florida has refined its child support statutes many times over the years. Effective January 1, 2011, the law has been clarified and now specifies numerous aspects of this once-confusing and argument-causing subject. “Emancipation” (when a child becomes an adult) is now defined as the 18th birthday, barring any exceptional circumstances. Retroactive child support may be awarded, up to 2 years back…even pre-dating the filing of the divorce lawsuit, if the parties have been separated.

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Child support guidelines were placed in the statute years ago and are updated periodically to keep pace with inflation and the economic realities of raising a child. There is a formula by which all attorneys, judges and courts calculate child support, using the parties’ net incomes per month, the number of children and other aspects of raising a child. Child care costs and child’s health insurance costs are factored into the calculation of child support.

While the percentage of overnights with the non-residential parent has been changed over the years, as of the new law on January 1, 2011, if the children spend 20% of the year (or 73 nights per year) with the non-residential parent, the court is required to reduce the guideline support by a formula set forth in the statute.

Thus, today, the only real “debate” in the area of child support is: how much does each parent really net per month? Once those numbers are determined, the formula calculates exactly how much the other parent will be paying each month.

All involved in the divorce and/or paternity process must keep in mind…it is your children who must be clothed, fed and sheltered. That takes money and both parents must contribute to that support. That is the law. That must be all parents’ first priority.

Contact the law offices of Attorney Steven Effman at 1000 South Pine Island Road, Suite 310 in Plantation, Florida. With his 34+ years of experience in handling the entire range of family matters, from uncontested divorces to highly complex family litigation, he is well equipped to handle your matter with knowledge, compassion and efficiency.