How does Alimony Work? Do I still Pay Alimony With 50/50 Timesharing?
How does alimony work with timesharing
The quick answer to do I pay alimony with 50/50 timesharing is yes if alimony is ordered. Occasionally, however, the requirements for alimony are not met, and alimony will not be awarded at the same time a 50/50 timesharing will be awarded. In legal fact, the awarding of timesharing and the awarding of alimony are two very different facets of Family Law. Each has its own set of laws., rules, requirements, and guidelines. Also, it is important to understand that each state will have its own, sometimes very different, Statutes regarding the arranging of parental timesharing and the awarding of alimony. This blog will focus on the question of alimony and parental timesharing in the state of Florida.
Parental timesharing: For several years now, Florida has, for the most part, done away with the concept of child custody except in extreme cases such as when one or both parents are in jail, too ill physically or mentally to care for a minor child, or have been convicted of child abuse or domestic violence. Florida family court now favors minor children being raised and nurtured by both parents as equally as possible. Ideally, a timetable schedule is set up where each parent will have their minor child 50% of the time, including overnights. Extras such as birthdays, holidays, and vacations are negotiated in what is termed the parenting plan. Sometimes a parent’s work schedule or study commitment will not allow a full 50% timesharing. Still, most judges feel parents must make sacrifices in their minor child’s interest, not the other way around. Florida family court has a motto “in the best interest of the child’ and judges are determined to have this happen whenever possible.
Alimony: Now termed spousal support, alimony is when money is paid from one spouse to the other spouse during divorce proceedings as in Temporary Alimony or following the dissolution of marriage with one of five possible types of awards. A judge awards alimony based on several factors, primarily the financial capacity of each party and the reasonable costs of living required of each party. When possible, a judge tries to see each party be able to live post-divorce somewhat close to the standard of living they had during their marriage. However, this may not be possible, particularly if one party has not earned an income and the other party must contribute an alimony payment taking a chunk out of their income. Other factors a judge considers are the age, health, and earning potential of each party. Additionally, economic, non-economic, contribution or lost economic potential provided by each party during the marriage is considered. Especially in long-term marriages, those over l7 years, Permanent Alimony, a monthly amount, may be awarded for a party’s lifetime unless they remarry or maintain a non-relative cohabitation. Other types of alimony in Florida, each with its specific requirements and awards, are Lump-Sum, Bridge-the-Gap, Durational, and Rehabilitative.
If you look carefully at what alimony and 50/50 parental timesharing are designed to accomplish in Florida Family Court, you will note they are separate entities, their awards not dependent on each other. Child support is another matter, as determining the cost of caring for minor children can be affected by an alimony award. Also, when turned around, the amount of money available for alimony can be affected by how much child support will be required.