Navigating the Waves of Change: Florida Alimony Reform in 2023 and its Impact on Your Future

One of the changes to the law made by the Tax Cuts and Jobs Act is the elimination of the tax effects of alimony payments as of January 1, 2019. Prior to January 1, 2019, in most cases, alimony is a tax deduction for the payor and is taxable income of the recipient. As of January 1, 2019, however, alimony payments are not deductible by the payor and are not included as income by the recipient. This change is expected to reduce the amount of alimony payments, because it is will reduce the cash flow of both the payor and the recipient. It may also impact child support, which is determined in large part based on the incomes of the parties.

Major Change to Alimony Tax Deduction for 2019

This law will not impact alimony awards in judgments and orders entered prior up to and including December 31, 2018, and the law cannot be used as a basis to modify prior alimony awards. Modifications of awards entered prior to January 1, 2019 will be determined based on the law in effect at the time of the entry of the judgment/order unless the judgment or order specifically states that future modifications of alimony are subject to the tax law at the time the judgment/order was entered.

One thing that is not clear is the impact this law will have on divorces filed on or after January 1, 2019 which involve prenuptial (or postnuptial) agreements entered into prior to January 1, 2019.

For questions related to other Alimony and Spousal Support issues, please contact the divorce law office of Wendy Norman at (904) 306-9926 to schedule a consultation.

Alimony reform is again on the Governor’s desk in Florida. The bill made it out of the legislature and was sent to Governor Scott on Monday, April 4, 2016. The Governor has until April 19 to sign or veto the bill. This is the latest round in the attempt to change the alimony law in Florida.

The Arguments

Many are in support of the alimony law already in place in Florida. Those who receive alimony, such as those who have never had a career due to having to raise children or keep the home, believe the alimony law should not be changed. On the other hand, those who are paying alimony commonly feel they are being taken advantage of and should not have to financially support a former spouse for many years after the divorce. No matter what the other spouse may have done during their marriage, many alimony paying spouses feel that the alimony law forces them to pay too much money to the other party, and for too long.

The New Proposition

The legislation that is being considered by the Governor, if it becomes law, will significantly change the way alimony is determine in Florida. These new changes include:

• Judges will have guidelines to calculate the amount of alimony payments
• The length of time alimony will be paid will also be based on guideline calculations
• There will no longer be ‘lifetime’ alimony payments
• There will be new circumstances that will be considered to modify or terminate alimony payments
• There will be no guidelines for marriages that lasted more than 20 years, and judges are encouraged to equalize the incomes of the parties
• The bill also will include the premise that the parents should have 50-50 custody or time-sharing with their children

The new alimony provisions, if passed, will apply to all initial alimony determination cases and all alimony modification cases pending on or after October 1, 2016. However, the new provisions regarding modification of an existing alimony obligation would apply to all cases. The new 50-50 time-sharing premise would apply only to initial divorce or time-sharing cases filed on or after October 1, 2016.
Even if the proposed bill does not become law, the alimony reform effort in Florida will continue in the future. Many officials within Florida are stating that this new bill simply gives judges guidelines to determine the amount of alimony and how long it will be paid, and is fair to both parties. These people feel that the judges have too much discretion and power, and the decisions are not consistent, and vary from one divorce to the next.

The Family Law Section of the Florida Bar has come out publicly against this bill, primarily because it includes the 50-50 time-sharing premise. The Governor can sign the bill into law or veto it (as he did to the prior alimony reform bill in 2013).

Here at Norman Law, we are ready to take on these new aspects of divorce and alimony, and work for you. If you need help with a divorce, alimony, child support or any other family law issue, contact us today to get started!

This is a common question we’re asked. When a divorce happens, there are many cases in which one spouse has to pay alimony to the other spouse. In situations involving a child or children, one parent is often ordered by the court to pay child support, even in situations in which the parents may have not been married. The goal of alimony and child support is to ensure that the change in lifestyle brought about by the divorce does not negatively affect the quality of living of the spouse and/or children. Even with a court order requiring one party to alimony or child support, in many situations, an ex stops paying, leaving the other party and the children in a dire financial state situation.

Notify the Court of Unreceived Alimony or Child Support

What happens when you are not getting paid the alimony or child support that is owed to you? You first have to notify the court. This lets the court know the ex is no longer paying what was ordered by the court. Your lawyer can help to file the necessary paperwork that is needed.

Once the court gets this information, there are a couple of things the court can do:

1. The court may freeze the bank account of the person not paying and direct deposit what is owed and monthly amounts thereafter into the account of the other party
2. The court can deduct the person’s wages straight from their check and deposit this into the other party’s account
3. The court may order jail time in situations if it is clear that the ex is simply not paying, even though he/she does have the ability to pay

The court can also revoke a person’s driver’s license, hunting license or fishing license for not paying alimony or child support.

If you have an ex-spouse or partner who has stopped paying child support or alimony, the court can step in and take control of the case. You should not remain quiet and hope for the best. If your ex-spouse or partner is not paying now, and does not have a good reason for not paying, then chances are he or she is not going to pay in the future. Having a good lawyer on your side is the only way to approach these types of cases.

For those who are located in Jacksonville, Florida, Wendy Norman, is a family attorney working with all matters related to divorce, family, child support and alimony. She will work hard for you to ensure your case is handled properly and that you receive the support you deserve.

For a Free Consultation With a Jacksonville Divorce Attorney, Call Wendy Norman (904) 306-9926.