Legal Question in Family Law in Florida

Re: child support and alimony

Dear Sir:

I just read your question. If you have never been through a divorce before, you should get at least a consultation with an atty. You have several issues involved in this and they are important ones.

Briefly,I can answer that if she is the primary residential parent (for custody), you would be required to pay child support. If you have more parenting time than the usual every other weekend, your calculations for child support will be different...and lower. For this to be utilized, you would need to have the kids at your place more than 40% of the nights on an annual basis. If you want to research our Florida laws, you can Google Florida Statutes. Then, go to chapter 61. That chapter has numbered paragraphs that state our laws on things such as property distribution, alimony, child support, ability of custodial parent to move from the state, etc.

I don't know the facts of your case, but I would guess that due to your marriage of only 3 yrs., she most likely cannot get alimony. There are exceptions such as if she is a stay at home mom and you have a large salary. In that case, she might be able to get rehabilitative alimony (so long as she shows the court she is going to classes or some other plan to start out in the work force). Rehabilitative is usually only for a short period such as one year to three years.

You state "back to New Jersey"...were you two living there with the kids? If not, and if you satisfy the other elements of the statute, she may not be able to take the kids out of the state on a perm. basis.

'Hope this helps. If my office can be of any assistance in No. Fla. please give us a call. Tom Rosenblum

Re: child support and alimony

Sorry you are getting a divorce. Your wife is probably not 100% correct. Is there a question I can answer about your situation?

Re: child support and alimony

Sorry you are getting a divorce. Your wife is probably not 100% correct. Is there a question I can answer about your situation?