Legal Question in Family Law in Florida
alimony &child support
1) I have been maried for 16 years. My wife has never worked. Since I am the one that makes the money I will ask for the custory of my 3 children. Is this possible, will I get it?
2) Do I have to pay her alimony if a court decides it, even though she refuses to work on purpose?
2 Answers from Attorneys
Re: alimony &child support
1. Yes, it is possible. It will depend upon the testimony and proof at the hearing that will be held.
2. Yes, but her ability to work will be considered.
Re: alimony &child support
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such nformation, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
It is always possible that either parent can be designated the primary residential parent of their children. However, based on your family history, it is more likely that the mother who has undertaken that role throughout the marriage will continue after a divorce.
A marriage of your length is considered "long term" and based on the mother's need and your ability to pay, she will likely be awarded alimony. The court will take into consideration her potential to work in the future together with the ages of the children and all other factors in order to determine whether or not to award alimony. If the court does decide to make an award, it will then decide whether it will be temporary rehabilitative or permanent.
You should retain counsel to work with you on this matter and to present the case in the best manner for you.
Scott R. Jay, Esq.
Scott R. Jay, Esq.