Legal Question in Family Law in Florida

My question has to do with the award of alimony and/or child support the state of Florida.

Facts:

1) I have a “long term” marriage (20+years actual)

2) I make about 1/3 of my wife’s’ income ($4K vs. $11K)

3) My wife lives in our 4 BR/3 Bath home and drives a new car.

4) I live in a 2 br/2 bath rental unit (not so nice) and I drive a 2007 mini-van with 170k miles on it. (it’s all I can afford)

5) We have a minor daughter (14 y/o) who resides with wife.

6) She is asking for alimony and CS.

7) I am asking for alimony. (I provide $570/month in CS from my Soc. Sec. Retirement).

My question is this:

I believe I am entitled to expect to be able to live in a lifestyle (manner) similar to what I enjoyed for the past 20 years (?). Albeit less than what I enjoyed during the marriage.

How do I ask the court to re-instate my standard of living? All Financial docs required by the courts seem to only request current financial expense (etc.) which obviously only reflect my being forced to live with what I have available…

Asked on 10/29/13, 7:28 am

2 Answers from Attorneys

Elliot Goldstein Law Offices of Elliot Jay Goldstein
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You request permanent alimony in your petition or counter petition, and in a Motion For Temporary Relief. Discovery should be pursued (Request for Production, ect....).

Her deposition might need to be taken.

In Florida, with family law cases, depending on the parties' comparative financial resources, the Courts have the discretion to hold one party responsible for all, or part, of the other's attorney fees and costs. In other words, if the other party has significantly stronger financial resources, while you will still have to pay the retainer, do not assume that you will not be able to afford to retain an attorney. Reimbursement can be sought.

If you opt to proceed without the assistance of counsel, be aware that you will not be entitled to a “do over” if things go badly.

The above information is provided without any consideration/payment having been received, and without full knowledge of all of the facts.

An internet inquiry is no substitution for an in-office consultation with an attorney.

Contact me to schedule a no obligation office consultation.

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Answered on 10/29/13, 7:47 am
John Smitten Carey and Leisure
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Make sure you file your petition/counter-petition and ask for alimony in writing. Each case is different, frankly men rarely get alimony.

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Answered on 10/29/13, 10:35 am

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