“In every corner of the country — California, Massachusetts, Florida — spousal support is in the news. These last two weeks have been a crash course in what we talk about when we talk about alimony.

The legal theory here is that spousal support should not be tied entirely to “need.” The ex is entitled, the thinking goes, to money for time served and investments (emotional, financial) made.  It is a serious issue of who deserves alimony/spousal support, what for, and for how long. Most states have already answered these questions. In Texas, alimony lasts for three years in a marriage that’s ten years or longer; in New York, alimony is intended to help the lower earner become self-sufficient ASAP, though exceptions are made when large fortunes are involved. In Rhode Island, alimony is rare; even victims of domestic violence are not automatically entitled. In most other states, alimony, when there is any, usually has a time limit determined by the couple, amicably, or by a judge, less amicably.

By contrast, under the long-standing Massachusetts law there is no way for a judge to set a time limit on alimony. As a result, the state has become littered with men (97 percent of payers are men) paying lifetime alimony to women who are in their 30s, 40s, and 50s, and who may be highly educated, highly skilled, who may have worked throughout their marriages for high wages, and may be working still. There are cases of women who, after dividing millions in marital assets, are making $100K-plus in their jobs and receiving lifetime alimony from an ex who makes $150K plus. The payments don’t end at retirement, only at the recipient’s remarriage or death. And few remarry because the money supply will end. And there are cases of men in their 70s and 80s — some in nursing homes with dementia — paying alimony from Social Security checks while their “new wives” of many decades must chose between paying the alimony and buying prescription drugs.

Down south, in the retirement capital of the country, the news is grim. A grassroots organization, Florida Alimony Reform, just released a chilling report, “The Shame of Florida: Alimony Horror Stories from the Sunshine State,”, detailing 33 stories of financial and emotional abuse created by current laws, which have much in common with the Massachusetts laws just voted out.

Far from painting Florida as a dreamy retirement spot, the message seems to be: If you’re male, stay as far from this place as you can, lest you too become a victim of alimony payments without end and of courts where gender bias runs deeper than common sense and simple justice. Divorce is a no-fault proposition – but alimony is often forever, even when the recipient works, cohabits with another partner for years, and starts collecting in her 30s.

As in Massachusetts, men in their 70s, living on Social Security, are paying lifetime alimony to women who received more than half the marital assets and have pensions and Social Security of their own. Men in their 40s and 50s are told by judges that their combined alimony and child support payments will “impoverish” them, but the judgments are ordered–and impoverishment follows–despite a recent amendment that prohibits impoverishing an alimony payer.

The gender bias is so extreme and so obvious that some lawyers market themselves as only serving one sex or the other. Orlando attorney Jeffrey Feulner runs the firm he calls Men’s Divorce. He chose to limit his practice because “I saw the need for someone to champion the cause of husbands and fathers,” he explains. “There’s the appearance of bias in how men have been treated in court cases.” He points out the benefits of not involving the state in a committed relationship, while noting that the Florida legislature recently amended alimony laws in several positive ways for his client base. He hopes Florida legislators will continue to fine tune the statute and “add some things that are now part of Massachusetts law.”

Judges can now limit alimony if they chose–though they can still award permanent alimony for short-or medium-length marriages. And new law prohibits, at least on paper, an alimony recipient from having more money than an alimony payer–something that common sense or simple justice did not take care of in the past. But no one with judgments entered before these changes has the right to correct the abuses inflicted on them.

Welfare recipients are given several years to get on their feet, but the same is rarely expected ever of able-bodied, educated ex-spouses in Florida. The Sunshine State needs to follow Massachusetts into the 21st century, pronto. In the meantime, slather on the sunscreen– and stay out of those shark-infested waters.”

– By Elizabeth Benedict — Read Full Article

Contact Orlando Lawyer Jeffrey Feulner, featured in this article, and the Men’s Divorce Law Firm today.

Remember, a fun afternoon doesn’t need to be expensive or complicated. Your children will just love the fact that you are spending time with them.

Go Ice Skating. Central Florida’s climate may not offer all of the fun outdoor activities associated with winter weather, such as skiing, snowboarding, and snowman-making. But kids can still enjoy the winter festivities when you take them to an ice skating rink for an afternoon of slippery fun.

Make A Bird Feeder. Children love getting their hands messy and making crafts. So plan a fun activity where they can build bird feeders to help their feathered friends keep warm in the winter. Hang the bird feeder close to a window so that your kids can enjoy their creation and its visitors throughout the entire season.

Challenge Your Kids to a Game of Chess. Introduce your kids to a lifelong hobby by teaching them to play chess. This game will help them develop their reasoning skills, while making them feel grown-up. This is a classic game that you  can enjoy together.

Build an Indoor Fort. Since building a snow fort isn’t a possibility in Florida, treat your kids to a similar indoor adventure. Use your creativity to transform your living room into a massive fortress of chairs and blankets, which your kids will love to help set up. Next, break out a flashlight and your kids favorite story book and treat them to an enchanting tale.

The Men’s Divorce Law Firm is proud to support fathers and encourages all fathers to assume an active role in their children’s lives.

Tehan knew she was being selfish by leaving, but she felt her one year old daughter, Lexie, would be fine with her husband.  She didn’t think anyone would try looking for her, but her family did not expect that she would be irresponsible enough to leave them behind in an act of passion.  Tehan was even photographed in South Florida in the weeks after her disappearance, smiling with no remorse about abandoning her child.

When Tehan and Hutcherson were finally found after the FBI got involved, they were not charged with doing anything illegal.  Technically, Tehan left of her own free will and her daughter was left in the care of her husband.  Tehan and Hutcherson will be responsible, though, for paying back all the expenses used for the search.

The Men’s Divorce Law Firm is hopeful that Tehan’s husband, David, shall be awarded full custody of his daughter to protect her from any future problems that stem from her mother’s irresponsibility.  Since Tehan has returned to Ohio, she has only seen her daughter once.  This is further evidence that fathers’ rights need to be enforced and recognized in the courtroom to protect children when mothers are no longer able to provide effective care.

To follow Good Morning America’s coverage of the story, click here.

www.MensDivorceLaw.com

Florida custody laws took a positive change for Fathers this past October when a new statute was enacted that removed the words custody, visitation, and primary and secondary parent from Florida law. The new designation for both the Mother and Father is “parent,” a change that our firm views as a long overdue attempt at equalizing the parents in a divorce. Additionally, the new law requires that divorced, separated, or never-married parents develop a detailed parenting plan for raising and sharing time with their children. The plan is to specify when each parent will spend time with the children as well as outline how decisions that affect the children’s lives are to be made. The parenting plan requirement eliminates interpretation and should minimize disputes among parents allowing both a more meaningful role in their children’s lives.

At the Men’s Divorce Law Firm, we view this change as a gateway in the Courtroom to give father’s equal rights to their children. Because there is no longer a legal requirement to name one parent primary, the logical starting point is equal time and rights for both parents – a dramatic step in the right direction for fathers who have historically been awarded “standard visitation.” To our firm, this change is an opportunity to deviate from the norm of the “every other weekend” father and afford children sufficient and meaningful time with both parents. Obviously, if a specific case is not suited for shared and equal parental responsibility, the law still affords the option for sole parental responsibility or less than equal timesharing and authority for one parent.

These changes in the law began over a decade ago when the Family Law Section of The Florida Bar began considering new vernacular that would recognize that a child’s relationship with both parents must be protected. The new parenting plan requirement allows decisions to be made collaboratively as it eliminates the notion that one parent is inherently better suited to do so. This move towards equal footing is long over due. However, as with any change in the law, it will be years before the judicial system fully adjusts to this revision. For the next several years, the judiciary will contemplate the application of this rewrite to their cases while attorneys will argue on what the correct interpretation will be.

[ Article By | Men's Divorce Law Firm ]

A:  If there is no court order in place, you are not “the custodial parent.” Florida no longer designates a custodial or primary parent. Moreover, if your husband objects to the relocation of the child out of state, you will need to get permission from the court before leaving with the child.

A: If the child was here for 6 months prior to your filing, jurisdiction of the case is in FL. It does not matter who filed first, or who was served first. As to your question about the child being moved to Texas, unfortunately because you were never married, the mother can move away without your permission. You can request that the court order her to return, but you should do so immediately. i would point out that your non-payment of support for any period of time, and for any reason, will not be looked upon favorably by the court and may be a basis for the court to allow the mother to stay in Texas with the child. In any event, you would be able to establish a timesharing schedule with the child, even long-distance.