Alimony and Child Support

Posted by jjlawfl on December 21st, 2020

In Florida judges rely upon the law and past decisions that have come through the courts in order to determine what should be legal and fair. During a divorce proceeding a judge can distribute property and make decisions because the legal contract of marriage was proper. Although, typical alimony is not awarded in Florida if a marriage should never have existed in the first place and is annulled; this is determined on a case by case basis. A typical form that may be awarded is known as “pedente lite” and is done by the court ordering the wealthier spouse to pay the court cost and attorney fees to the less advantaged spouse. This way both can have equal access to the courts out of the constitutional right of access in Divorce Attorney Clermont Florida.

There are no specific statutes that define how property and assets should be awarded but, if a judge finds that one of the parties was an “innocent party” to the marriage than compensation can be awarded. For example, if the marriage was procured by fraud (intentional deceitful conduct causing reliance) or duress (overcome free will/lack of choice) than a judge may look to solidify care for the wronged party out of a fundamental fairness.

Annulments are not a usual occurrence in Florida and once an annulment is done it is left up to the parties to distribute whose property is who’s. What accounts they are liable for, and what is fair and proper.

If the marriage produced any children than a problem could arise regards to parenting rights. Under Florida law a child born while a couple is married is considered the legitimate child of the marriage and no paternity needs to be proven. However, since annulment is stating that no legal marriage ever existed in the first place than it is questionable who should care for the child. It is because of the States strong interest in the health, safety and wellbeing of children that the courts will look into this aspect despite there not being a legal marriage. Florida law mandates that child support cannot be waived, and all care of a child between two persons is done by asking what is best for the child? As such, the court will look at each person’s financial situation and living situation to determine what is best just as if the marriage was valid and now is divorced a parenting plan will be set up.

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