Your Legal Rights Concerning Shared Child Custody And The Sharing Of Time In Different States
by Patricia Dills
Florida Statute 61.14(1)(b), sometimes referred to as 'the cohabitation statute, ' states that b (1) the court may reduce or terminate an award of alimony on categorical written discoveries by the court that since the granting of a divorce and the award of alimony a supportive relationship has existed between the obligee and a person 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 lately explained that to establish whether a supportive relationship exists, the circuit court must employ an appraisal of four steps: First, the circuit court must elicit the nature and extent of the relationship in question. 2nd, the court must resolve whether the facts create a supportive relationship. Third, if a supportive relationship is located to exist, the court must consider the applicable commercial factors for determining an award of separate upkeep or alimony outlined in section 61.08 (2). Fourth, after gauging all relevant economic factors, the court must must decide whether to reduce or cancel the alimony need.
If a payor can prove the receiver of alimony is in a supportive relationship, the court may reduce or terminate any alimony order currently ready. These are important factors to consider when deciding whether to try and modify any previous alimony orders in your case.See King v. King, 37 Fla. L. Weekly D552.
If you are in Ft Myers and are in need of a <a href="http://attorneysfortmyersflorida.com/fort-myers-divorce-attorney.html">Fort Myers divorce attorney</a> contact The Martin Law Firm for a free consultation.
Patricia Dills is an Attorney with <a href="http://martinlawfirm.com">Martin Law Firm</a>, 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 <a href="http://martinlawfirm.com/practice-areas/family-law/">Fort Myers FL divorce attorney</a> contact Patricia today
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