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State Must Prove Defendant's Knowledge of Driver's License Suspension
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Consent to search inside of vehicle does not extend to locked containers
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Rehabilitative Alimony
July 16, 2009
Topic: Family
In Lovell v. Lovell, 34 Fla. L. Weekly D1182 (Fla. 5th DCA 2009), the former wife sought rehabilitative alimony so she could earn a master's degree in Education. She had been a teacher during the thirteen-year marriage, and argued that this would allow her to be at the same educational level as the former husband.
Rehabilitative alimony is a way to provide funds to a spouse so he or she can establish the capacity for self-support. This can be done by developing skills that they already have or by obtaining training to develop new skills. Because of the specific purpose of the aid, this type of alimony can only be awarded when there is a rehabilitative plan. Such a plan establishes the objective and target of the rehabilitation and the amount of alimony needed. Like other forms of alimony, there must be evidence of need on the part of the requesting spouse and ability to pay by the other spouse. Finally, the court awarding the alimony must clearly state the basis for the amount and the duration of the award.
The plan in Lovell included alimony payments for eight years to cover tuition for a master's degree and a doctorate. It was presented to the court orally and approved. However, the former husband appealed this decision, and the appellate court held that the plan was speculative, sparse in details, and "needed to be fleshed out."
Having an experienced attorney by your side can help you avoid these pitfalls and problems. If rehabilitative alimony is an issue in your case, you can rest assured that the Attorneys at Arnold & New, LLC will present a detailed and thorough rehabilitative plan to the court so that the judges ruling will not be overturned on appeal.
