The law is well established that alimony and attorney fees, even temporary, are to be determined on need and ability to pay. The appellate court found, as many other appellate courts have found, that a temporary award that virtually exhausts one party’s income and deprives that party of the ability to support himself or herself is not based on that party’s ability to pay and constitutes an abuse of discretion.
So, whether you are a client or the attorney representing that client, I promise you, both are asking….why is it necessary for a person to spend thousands of dollars to appeal an order that is so out of touch with the established law? The answer …
Our Judges are elected officials, when you voted last, did you know the qualifications of those persons for whom you voted? Most of our Judges, work long hours and exercise due diligence in weighing the evidence, they are passionate and caring individuals, but seriously….ordering over 80% of a persons net income and leaving them with insufficient funds to put a roof over their heads…not logical. It just doesn’t make sense.
If you have a question or problem with the amount of alimony or child support you have been ordered to pay, contact our office and we will be happy to assist you in analyzing the reasonableness of the order.
Gail Linscott Silva, Esquire
This week, the Appellate Court reversed a trial Judge’s order that a spouse pay over 80% of his net income to the Wife in temporary spousal support, child support and attorney fees. It was a temporary order without prejudice, but seriously?…The decision is not yet final as the time for rehearing has not past but on December 4, 2013, the 2nd DCA in Hoffman v. Hoffman ruled that the circuit court abused its discretion in requiring the husband to virtually exhaust his monthly income to make the court-ordered temporary spousal support, child support, and attorney’s fees and costs payments.
I am sure this gentleman left the courtroom shaking his head and asking “how can that be?” The trial judge found the husband’s net monthly income was $6,030.11 and order him to pay the Wife $ 4,852.90. Essentially, he was left with only $1,177.21 which was not enough to even pay his monthly rental…
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