In life, we have all experienced that Oh Sh!t moment. It is who you choose to assist you through that Oh Sh!t moment that will make the difference. If your Oh Sh!t moment is the result of marital issues, Greenberg Law can be your trusted advisor.
Hypothetical Fact Scenario (all characters are fictional): John T is a successful business owner earning $400,000.00 per year. He has been married to Mrs. T for 14 years with one (1) child in college and another in high school. John T and Mrs. T have resided in Broward County, Florida for the duration of their marriage and Mrs. T has not worked at all during the marriage. John T is addicted to the Miss Universe Pageant and one day, he meets Miss Venezuela. They have a torrid love affair which results in John III being born on September 1, 2019. Meanwhile, John T finds the time and has a one night stand with Ms. Uruguay. On November 3, 2019 John T IV was born. Shockingly, Mrs. T learns of these multiple affairs and immediately files for divorce, seeking permanent alimony based upon John T’s egregious conduct. Miss Uruguay immediately returns home to her country, but files a child support action in Broward County, Florida on December 1, 2019. Not to be outdone, Ms. Colombia, who lives in Miami-Dade County with John T III, files her child support action in Miami-Dade County on December 2, 2019. Can you say OH SH!T!!!!!
Question 1: Is Mrs. T successful in her claim for permanent alimony because of John T’s conduct? First, you must get through the red herring of the question as to John T’s conduct. Florida is a no-fault state, and his conduct of having multiple affairs is not grounds for a court to award Mrs. T permanent alimony. Secondly, despite his conduct, his earnings and that Mrs. T has not worked during the marriage, Mrs. T is not entitled to permanent alimony under Florida law as they have only been married for fourteen (14) years. Florida law requires that parties be married for at least seventeen (17) years to be entitled to permanent alimony. Rather, Mrs. T will have to seek another form of alimony, such as rehabilitative alimony, bridge-the-gap alimony or durational alimony. Oh Sh!t!!!!
Question 2: Is Miss Uruguay entitled to preference for child support over Ms. Colombia since she filed her child support action first, or is Ms. Colombia entitled to preference because her child is older? Here, there are two (2) red herrings – who filed first and which child is older. The party that is entitled to preference is the party who receives a court order requiring John T to pay child support first. The race is to the finish line, not the starting point. Oh Sh!t!!!
At Greenberg Law, we have over twenty-five (25) years of experience assisting all of our clients through their Oh Sh!t moments. We specialize in family law litigation and use our acute knowledge of Florida law to devise winning strategies that lead to favorable outcomes for everybody involved. So when you have that Oh Sh!t family law issue, contact Greenberg Law.