Archive of November 2013

November 19, 2013

Alimony Reform: Change is on it’s Way!

For the past 3 years there have been various bills presented to the State Legislature to change how alimony is calculated and awarded. There are currently two different movements pushing their own agendas to reform the standing alimony law. One movement wants to do away with permanent alimony and take away the Court’s discretion in awarding alimony. The opposing movement wants to maintain alimony while identifying a formula by which alimony will be calculated to allow consistency and predictability, among other things. The projected formula in its current draft is as follows: “Unless one or more of the deviation factors in paragraph 5(a) through (m) apply, alimony shall be 30% of the payor’s gross income minus 20% of the payee’s gross income, and the total amount of alimony awarded to the payee combined with the payee’s gross income shall not exceed the lesser of either: (a) 40% of the combine gross income of the parties; or (😎 The payee’s needs and necessities as established during the marriage. In determining the duration of an award of alimony, the length of the marriage shall be defined as the time period from the date of the marriage through the date of filing the petition for dissolution of marriage. Unless one or more fo the deviation factors listed in paragraph (5)(a) – (m) below applies, the duration of the award of alimony is determined by the following formula: (a) In marriages of less than three years, multiply 30% by the number of months of the marriage. (😎 In marriages of three years or more, but less than ten years, multiply 50% by the number of months. (c) In marriages of ten years or more, but less than 15 years, multiply 75% by the number of months of the marriage. (d) In marriages of 15 years or more, but less than 20 years, multiply 100% by the number of months of the marriage. (e) In marriages of 20 years or more, multiply 150% by the number of months of the marriage.” Although the trend of where the law is going is not actual law now, there is much discussion going on between lawyers and Judges, such that the Judges have the proposed law in the back of their minds when making rulings. We could see new law being passed as early as next summer. For more information on your alimony claim or defense to alimony claim, contact Pates Law Group at 407-896-1166.

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