Posted August 23, 2013 by Patricia Dills in Marriage
 
 

Your Legal Rights Concerning Shared Parental Responsibility, And The Sharing Of Time In Different States


Florida Statute 61.14(1)(b), occasionally known as ‘the cohabitation statute, ‘ states that b (1) the court may reduce or cancel an award of alimony on express written observations by the court that since the granting of a divorce and the award of alimony a supportive relationship has existed between the obligee and someone with whom the obligee lives.

On the issue of whether alimony should be reduced or ended under this paragraph, the burden is on the obligor to prove by a preponderence of the evidence that a supportive relationship exists. (2) In deciding whether an existing award of alimony should be reduced or cancelled due to an claimed supportive relationship between an obligee and a person who is not related by consanguinity or affinity and with whom the obligee lives, the court shall evince the nature and extent of the relationship in question…

The Second District Court of Appeals recently explained that to determine whether a supportive relationship exists, the circuit court must employ an analysis of 4 steps: First, the circuit court must evince the nature and extent of the relationship in question. Second, the court must decide whether the facts build a supportive relationship. 3rd, if a supportive relationship is found to be, the court must consider the relevant economic factors for judging an award of separate maintenance or alimony printed in section 61.08 (2). 4th, after assessing all topical business factors, the court must must judge whether to reduce or end the alimony obligation.

If a payor can prove the receiver of alimony is in a supportive relationship, the court may reduce or end any alimony order currently prepared. These are significant things to consider in deciding whether to attempt to alter any previous alimony orders in your case.See King v. King, 37 Fla. L. Weekly D552.

If you’re in Lee County and are in need of a Fort Myers divorce attorney contact The Martin Law Firm for a free consultation.

Patricia Dills is an Attorney with Martin Law Firm, P.L, whose practice focuses in Divorce, Child Support, Family Law, and Civil Legal action. She essentially practices in Naples, Collier County, and Fort Myers, Lee County Florida. If you are in need of an experienced Fort Myers FL divorce attorney contact Patricia today


Patricia Dills