Under Florida Law, one spouse may be required to pay spousal support (“alimony”) to the other, whether on a temporary basis, for a fixed period of time, or for an indefinite period of time. Spousal support is addressed in section 61.08, Florida Statutes. The inquiry is fact specific, and it takes into account a number of statutory factors. Often, the most significant factors are the length of the marriage, and the payor’s ability to pay spousal support versus the recipient’s need for spousal support.

Child Support in Florida is always modifiable based on a substantial change in financial circumstances. For example, a party’s increase in income may be grounds for an increase in support, or a party’s involuntary loss of employment may be grounds to seek a decrease. Alimony may or may not be modifiable based on a substantial change in financial circumstances depending on the terms of your written agreement with your spouse or former spouse. If you agreed in your marital settlement agreement that alimony would be nonmodifiable, then it is not modifiable even if there has been a substantial change in financial circumstances unless your former spouse agrees to the modification.

Under Florida law, child support is paid until a child reaches the age of 18 years, marries, dies, or otherwise becomes emancipated. However, child support shall continue to be paid for a child over the age of eighteen who is (i) a full-time high school student, (ii) not self-supporting, and (iii) living in the home of the party seeking or receiving child support until the child graduates from high school provided the child will graduate prior to their 19th birthday. In certain circumstances child support may be payable after a child turns 18, for example, by agreement between the parties or in the case of a disabled child. Our office has experience with both situations.

All initial court orders in Florida for child support payments must state that payments be made by income withholding orders directed to the employer, unless the parties specifically agree to direct payments. Payments are made through Florida’s State Depository. Most parties agree to direct payments, because if a party is currently making direct payments of support, but is failing to do so in full, or in a timely manner, the Court will an income withholding order upon request.