Alimony – West Palm Beach FL
In matters of alimony, child custody and child support in West Palm Beach Florida, call the Family Lawyers at the office of Attorney Byrnes Guillaume. Our staff speaks fluent Creole to better assist our Haitian clientele. We offer legal counsel for a host of family law issues such as Divorce, Custody, Child Support, Paternity, Injunctions, and Domestic Partnerships. We can assist you when you need a family law attorney. Below you will find some of the more common family matters that the firm handles.
Statistics reveal that half of all marriages will end up in a divorce. For many married couples, divorce is a real option. If a couple comes to that point, there is some important information that each person must know. First, legal separation is not recognized in Florida. However, a couple seeking legal recognition of their physical separation without divorcing takes advantage of several different state laws. These include laws that permit child support during marital separation, grant the couple the ability to draft a marital separation agreement, and award alimony in certain cases of marital separation absent divorce. Even though the Florida courts don’t have specific rules for separation, the courts can take an active role in the process, and the parties are not prohibited from maintaining any other proceedings for other or additional relief during their separation. Attorney Byrnes Guillaume explains the complexities of the divorce process, will clarify your rights, and protect your interests. In child custody cases, it is important that the separated parents come to terms for the benefit of their children.
If applicable, alimony may be necessary. In order to obtain alimony, there has to be a need for assistance on the part of the requesting party and an ability to pay alimony on the part of the other party. Alimony can be requested when a party believes that they have a need for financial assistance from the other party. As with child support, the Court can award temporary alimony until the final divorce hearing is held, at which time a “permanent” alimony amount may be ordered. Alimony can be withheld from the paying party’s paycheck or the party can be ordered to pay the money to Support Enforcement who will distribute it to the other party. If the party fails to pay Support Enforcement, one of their staff can testify that the payment was not made; instead of the party having to come to Court with an attorney. Failure to pay can result in the suspension of driving privileges (although the court can grant a “work” permit). Lastly, if a party is unemployed or underemployed and fails to pay court ordered support, the judge can order the party to seek employment and enter a job training or work program.
Durational alimony may be awarded when permanent alimony is inappropriate. It is to provide a party with economic assistance for a set period of time following a marriage of short or moderate duration. It may not exceed the length of the marriage. Also, there is bridge the gap alimony which assists a party with legitimate, identifiable short term needs. It is to assist a party in transitioning from being married to being single (it may not exceed two years).
Byrnes Guillaume will strive to ensure the best outcome for all involved in your divorce, child custody and child support issues. Under Florida law, the rights of the child and the parent are regulated. Each parent should seek a qualified family lawyer to make certain the rights of all parties involved are addressed. Even if a divorce is amicable, legal representation for both parties is important. In Florida there are two issues related to the time children spend with each of their divorced parents. There is Parental time sharing (once known as visitation) and there is custody.
For more information about these and other Family Law issues, please call our office for a consultation today. Call (561) 689 9191.