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Robert
Robert, Attorney
Category: Family Law
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Experience:  I am a licensed Attorney.
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Is there a way to force wige to get a job or to limit spousal

Resolved Question:

Is there a way to force wige to get a job or to limit spousal support?
Submitted: 2 years ago.
Category: Family Law
Expert:  Robert replied 2 years ago.
I assume your wife is currently unemployed.

Is she disabled? What was her last job? How did she lose her employment there?

When was the spousal support order issued? Was she employed when it was issued?

What kind of spousal support are you required to pay (what does the court order say specifically)?

Once I have more information I will be glad to help.
Customer: replied 2 years ago.

We are married for 19 years and we have 3 kids: 18, 16, 3. The 3 years old is in day care 3 of 5 days.


 


She quit her part time job because she decided to go on vacation to Europe to visit the Family. Never had any serious job since she assumed that she does not need to work.


 


When told to get a job I only hear that the longer she does not work the bigger alimony she would get.


 

Expert:  Robert replied 2 years ago.
Thank you for your follow-up but I believe you forgot to answer one of my questions.

What kind of alimony is it? Is it "permanent alimony"? What is the exact language used in the court order?
Customer: replied 2 years ago.


There is no alimony. In case if I decide to go with separation/divorce can I refuse any alimony for the exwife because she does not want to work.

Expert:  Robert replied 2 years ago.
Florida Statute 61.08 sets out the rules in alimony determinations in the State of Florida and it indicates the following:

If the court finds that a party has a need for alimony or maintenance and that the other party has the ability to pay alimony or maintenance, then in determining the proper type and amount of alimony or maintenance under subsections (5)-(8), the court shall consider all relevant factors, including, but not limited to:

(a) The standard of living established during the marriage.

(b) The duration of the marriage.

(c) The age and the physical and emotional condition of each party.

(d) The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each.

(e) The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.

(f) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.

(g) The responsibilities each party will have with regard to any minor children they have in common.

(h) The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment.

(i) All sources of income available to either party, including income available to either party through investments of any asset held by that party.

(j) Any other factor necessary to do equity and justice between the parties.

First the court needs to determine a need for the alimony. You will of course argue that there is no such need because she is voluntarily unemployed and has even told you that there is no incentive for her to find work because she will just be paid alimony. If you lose this round and the court determines that there is a need then you should consider arguing that she is perfectly employable and that pursuant to Florida Statute 61.08(2)(e) the court must consider the "employability of the parties." Because she is employable, she should not be awarded alimony.

Keep in mind that the Judge has wide discretion in whether or not to award any alimony and, if any is awarded, how much to award. As long as you can show the Judge that she is not seeking employment then you can decrease potential alimony in that way. You should point out that she is not mentally or physically disabled, so she CAN work, and that she hasn't applied to any jobs recently. In this way you can decrease potential alimony liability.

I hope this has helped and I wish you all the best!
Customer: replied 2 years ago.


One more question can I instead of asking her to get a job verbally somehow record my attempts?

Expert:  Robert replied 2 years ago.
You cannot do so secretly (without her knowing about the recording device) as you may then be liable for intrusion of her reasonable expectation of privacy. So, if you try to verbally record her indicating that she doesn't want to get a job for alimony purposes you must have the recording device in open view where she can see it and it must be clear that she has seen it and understands it is a recording device.

What you may want to try instead is to start communicating with her through email or through some other recorded medium like text messages (or written letters even) and asking her to get a job to see if she responds in the same way. You may also attempt to get her to agree to waive any such right to alimony. If you have something else she wants then perhaps you can give her that something in exchange for her waiving any future alimony rights.
Customer: replied 2 years ago.


what about some 3rd party which would track official letters and make sure the letters are delivered to receipent.

Expert:  Robert replied 2 years ago.
If you want to make sure she is receiving the letters then send them as certified mail with the U.S. Postal Service (make sure to request that a notice of receipt is sent back to your address).

I hope this has helped. Please remember to rate my answer as "excellent" service if I have been helpful.

Thank you and good luck!
Customer: replied 2 years ago.


USPS does not help. They do not record what was requested and what is the response. Can legal firm handle such communication?

Expert:  Robert replied 2 years ago.
You are correct that sending a letter USPS regular mail will not record that the letter was sent. This is why I have told you to send it CERTIFIED MAIL (which is a special kind of delivery) through the USPS. Sending the mail as "certified mail" and requesting a notice of receipt will cause a piece of paper to be sent back to you notifying you when the recipient receives the letter. This will only let you know that the letter has been sent and received (you are correct that it will not record her response). Her response is something you will have in your possession when she mails you a letter in return.

You will not want to hire a legal firm for such a task unless you want to spend unnecessary amounts of money (which you probably do not). I stand by my previous answer that you should try e-mail, text, or some other kind of written medium of communication. A legal firm cannot force her to reply until the discovery part of the legal proceedings and it is very costly (I do not recommend such a method).

I hope this has helped. I believe that I have answered your initial question. If you think otherwise then please let me know what else needs clarification. Please rate my answer as "excellent" service if I have been helpful.
Robert, Attorney
Category: Family Law
Satisfied Customers: 1412
Experience: I am a licensed Attorney.
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