Monday, October 24, 2005

Getting rehabilitative alimony

As I've explained in the past, there are four types of alimony awards in Florida: 1) permanent, 2) temporary, 3) lump sum, and 4) rehabilitative.

Let's talk about rehabilitative alimony and how to get it.

Rehabilitative alimony is used to allow a spouse to become self-supportive, usually through college or rehabilitative training.

To get rehabilitative alimony, you must prove three things:

1) You need it.
2) Your spouse can afford to pay it.
3) You have a plan for it.

The first two are true of all types of alimony, and I've talked about them before. So let's talk about the plan.

The plan should be in writing and should be specific. It should go something like this: I need X amount of money each month for X amount of months until I accomplish X. Once I accomplish X, I will be able to support myself in X manner.

Here's a concrete, simplified example:

"My husband and I agreed last year that I would quit my job last year to go back to school. By going back to school, I would have been able to increase the family income. I can't get my old job back now and, even if I could, I couldn't afford to live on my own. I began computer training to become a programmer and I will finish that training in exactly one year. I need $1,000 per month to live while I go to school, plus the amount of my tuition, books, and lab fees. Once I complete my education, I will become a computer programmer at the company where I am doing my internship, and I will be able to support myself. If I quit school, the alimony will immediately stop."

Like I said, that's a simplified example. You'll need to include more details (like how much the tuition will cost), but at least you get the idea.

Tuesday, October 04, 2005

A little trick regarding settling on day care

Here's a little trick you may want to use when settling on child support. Under Florida's (and probably everyone's) child support guidelines sheets, day acre is taken into account. If the custodial spouse (the one with the kids) has the kids in day care, the amount of child support to be paid is increased to compensate for the day care tuition.

At some time, of course, the day care will probably become after care, and the tuition will be very reduced. DON'T bring this up! The result will be that the child support will remain artificially high.

You're probably saying, "How the heck is this going to work? We have lawyers. There is no way lawyers are going to forget this! They'll demand that the child support be reduced when the tuition get reduced." Oh yeah? Wait and see.