As with any law, there are so many different ways that things can happen.  Every case is specific to the facts of its case, so there is no one-size-fits-all approach to any law, especially alimony.  General rules and case law and statutes regarding alimony are pretty straightforward and follow.  Need and ability to pay are main findings required for alimony, a trial court errs in its alimony award when it lacks required factual findings.  A trial court must provide factual findings in most cases.  For example, one trial court erred by providing automatic increases in alimony payments when child reaches majority, without making specific findings.  In that case, the final judgment provided for an automatic increase in alimony when child support payments terminated and failed to articulate any reason or factual findings to support the automatic increase.  This is impermissible.  A party’s ability to pay alimony should be based on that party’s net income, not gross income. 

It is a family law/divorce litigation firm that represents only men in the State of Florida.  When litigating, a firm really needs to be up to date on their knowledge of evidence.  There are so many little nuances in the law, which is why it is really important or at the very least wise to have an attorney if you are litigating anything of any value.  A spontaneous statement is a hearsay exception.  It is a statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter, except when made under circumstances indicating a lack of trustworthiness.  Such statements can be offered in lieu of a child’s testimony where the child relays to a third person something that has just occurred that the child perceived or experienced.  An excited utterance is a hearsay exception as well. 

Kenny Leigh & Associates exclusively represents men in the area of family law in the State of Florida.  We have nine offices all across the state that service clients in all aspects of this particular area.  Below are some results.  Individual cases with different fact patterns from yours could vary. 

THE DIFFERENCE BETWEEN GENERAL MAGISTRATES AND HEARING OFFICER

First, it should be noted that if you look at old orders, a magistrate may be referred to as general “master”.  That has been changed to now general “magistrate”.  So whenever you look at old orders, general master and general magistrate are the same thing.  Florida Family Law Rule of Procedure 12.490 governs the appointment of and referral to a general magistrate.

A divorce case is not easy.  It just isn’t.  Many people think that if everyone agrees with everything, then that is a piece of cake and it is all over.  I get half of my stuff, she gets half of her stuff, we will split the children’s time and I will pay her a certain amount of child support and we are done!  Wrong. Judges have to agree on the agreement that you have made and there are many hoops that have to be jumped through for a divorce to happen.  It boggles my mind how often I have seen somebody come in years later after they have done their own divorce and ask me to try to fix something that is outrageous.  Especially if the parties have a little bit of money, you really need to get an attorney.