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Apr 23, How cohabitation affects alimony in Florida. Termination and modification is Defining Cohabitation or a “Supportive Relationship”. Basically. Oct 12, However, determining what constitutes a supportive relationship is are engaged in a supportive relationship as is defined by Florida Statutes. Enforcement and modification of support, maintenance, or alimony the granting of a divorce and the award of alimony a supportive relationship has existed . from the judgment pursuant to Rule , Florida Rules of Civil Procedure.
Does the supportive couple share expenses through cash transactions? Does the receipt former spouse receive cash from their new supportive partner?
Does the supportive couple share a cell phone plan? The extent to which the obligee or the other person has supported the other, in whole or in part. The extent to which the obligee or the other person has performed valuable services for the other.
For example, a former spouse may assist a supportive partner taking care of an elderly parent to allow the other partner to focus on earning money.
Florida Law Update - Alimony and Cohabitation - Florida Divorce Source
For example, answering phones, bookkeeping, and marketing for the other supportive partner. Whether the obligee and the other person have worked together to create or enhance anything of value.
Whether the obligee and the other person have jointly contributed to the purchase of any real or personal property. Co-owning a home not only demonstrates financial interdependence but is an indication that supportive couple is also acting like a married couple.
Evidence in support of a claim that the obligee and the other person have an express agreement regarding property sharing or support. The most common agreement is when one partner pays the other partner rent pursuant to a rental agreement?
If there is a rental agreement, you may want to ask if the supportive partner is claiming the rent on his or her taxes or if the rent is paid. Evidence in support of a claim that the obligee and the other person have an implied agreement regarding property sharing or support.
A good tool for determining the existence of implied agreement is a deposition. Prior to the deposition, review bank statements to see if the recipient former spouse is paying typical bills such as phone, internet, cable and power. The absence of some or all these common bills may indicate the existence of an implied agreement. Whether the obligee and the other person have provided support to the children of one another, regardless of any legal duty to do so.
Does the supportive partner pay for camps, medical expenses or daycare for the alimony recipient former spouse? Conclusions Before filing a supplemental petition to modify alimony based on the existence of a supportive relationship, it is best to consult with an experienced family law attorney in your area. Unless it is a clear-cut case, proving a supportive relationship can be challenging. More often the facts are not as straightforward as Zeballos; therefore, proving a supportive relationship requires both knowledge of the law and effective use of discovery tools, such as depositions, subpoenas and requests for production of documents.
Discovery can be time consuming and expensive. Are Former Wife and Supportive Partner cohabiting full or part-time? Do they share a home, a bed; full or part-time single or separate bedrooms in home?
- What to Look for to Establish a Supportive Relationship in Florida
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Is there any evidence of a conjugal or intimate relationship from social networking sites, witness friends and family, photos, etc. Do Parties have a child together? Are they socially exclusive? Have they expressed an intention to remain together or marry?
Do they refer to one another as husband and wife? Do they provide emotional support for one another? Do they share holidays together? Do they host social events together?
It's The Law: Supportive relationship can terminate alimony
Do they attend family functions together weddings, funerals, etc. Do they share household chores? Do they cook for one another? Do they share household expenses — repairs, maintenance, upkeep of property, groceries, etc.?
Is Supportive Partner making full or partial monthly payments by cash or check directly to mortgage company, landlord, credit card companies, cell phone companies, maid service, utility companies, lawn care, security, etc. Is Supportive Partner making monthly in-kind reimbursement by doing household chores, pool maintenance, car repairs, etc.? If so, is Supportive Partner charging market rate or substantially reduced rate for his services? Do the parties pool their assets?
Is Former Wife claiming rental payments on her taxes?
Can Florida Courts Modify Alimony Based on a Supportive Relationship?
Have Former Wife and Supportive Partner jointly contributed to the purchase of any real or personal property? Have Former Wife and Supportive Partner worked together to create or enhance anything of value including real property? If Former Wife and Supportive Partner own separate property, is one of them renting their property to a third-party? Do Former Wife and Supportive Partner have joint bank accounts?
Do Former Wife and Supportive Partner have joint credit cards? Does Supportive Partner pay for all or part of meals outside the home? Do Former Wife and Supportive Partner travel together?
If so, do they share or split travel expenses? Have Former Wife and Supportive Partner provided valuable services for one another?