
Skilled Family Law Counsel
Dedicated to Professional Excellence
Over 35 Years of Trial Experience
Alimony on Singer Island, Florida
The correct standard for temporary alimony balances needs, as fixed by the parties’ standard of living and the ability to pay on the other. In Hoffman v. Hoffman, the Florida Court of Appeal recently stated: “Although the order under review is a temporary support order in which the circuit court has broad discretion, we conclude that the circuit court abused its discretion in requiring the Husband to virtually exhaust his monthly income to make the ordered payments, leaving him with insufficient funds to support himself.
The order’s requirement that the Husband spend in excess of 80% of his income in monthly support and temporary attorney’s fee payments reflects an abuse of discretion on its face…'[t]he correct standard by which temporary support and alimony are to be assessed balances needs, as fixed by the parties’ standard of living on the one hand, and ability to pay, on the other.’ Fonderson v. Lairap, 98 So. 3d 715, 717 (Fla. 2d DCA 2012)…The Husband argues that the circuit court abused its discretion in ordering him to make support and attorney fee payments which consume more than 80% of his net monthly income and in requiring him to pay all of the Wife’s temporary attorney’s fees. We agree and reverse the order in part and remand for further proceedings…Finally, as argued by the Husband, it appears that the circuit court may not have considered the effect of the court-ordered spousal support on the Wife’s ability to pay her temporary attorney’s fees, particularly in light of the retroactive support award totaling $22,730. See Crick, 78 So. 3d at 699 (‘A trial court must consider all assets and sources of income in an award for attorney’s fees.’). Accordingly, on remand the circuit court shall reconsider the Wife’s entitlement to temporary attorney’s fees.”
To speak with a Singer Island divorce attorney, contact Matthew Lane & Associates, P.A. at (561) 651-7273.
Client Reviews
I had an excellent experience with Mr. Lane. I went through a very difficult divorce and he was excellent. He was always available and always treated me like I was his most important client. I would and do recommend him to anyone who needs a lawyer specializing in divorce.- Dr. Mark F.
Matt Lane truly cares about his clients. He brings his extensive knowledge, years of experience, and meticulous attention to detail to every case. He fights for his clients in a strategic, thoughtful, and cost-effective manner. By the end of my case, we were not just attorney and client, we became and remain friends.- Jim B.
I hired Matthew Lane for a relocation (out of state) and time-sharing case. Mr. Lane went above and beyond my expectations. He knew exactly what needed to be done. Mr. Lane is extremely intelligent and I cannot imagine having someone else represent me… He is truly one of the best and works extremely hard. I am very happy I have Mr. Lane as my attorney.- Alisa H.