Drafting Assignment Family Law

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School

Keiser University *

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Course

PLA 2800

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Law

Date

Jan 9, 2024

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docx

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Uploaded by JusticeRhinocerosMaster774

Heading TO: FROM: Desiree Durkee, assisting attorney DATE: 09/09/2023 RE: Alicia Jackson and Tobias Tucker ISSUE(S): I. Who will receive what assets and how much? II. Who will receive what type of alimony? BRIEF ANSWER(S): I. All assets and debts will be divided evenly between the parties. This covers assets acquired during their partnership as well as investments, debts, and properties. To promote a seamless transition into separate lifestyles, both parties have agreed on an equal split of their joint financial obligations. II. Due to his 8-year financial dependency on his wife, Tucker will be the one to collect alimony. Jackson will pay Tucker rehabilitative alimony, which is assistance provided to an ex-spouse until they are able to support themselves financially. FACTS: Alicia Jackson is 42 years old, and Tobias Tucker is 38. They have chosen to divorce, with child custody divided 50/50. Jackson, a successful businesswoman, opened her specialized store "Things by Alicia" twelve years ago and earns $280,000 each year in profit. Tucker, her husband, and she had two children. Tucker left his job in computer sales to care for the children and give Jackson more time to focus on the company. Jackson has a 1977 Mustang GT500 and an antique

diamond jewelry as part of her estate. They now own a house, a minivan, a savings account, and a boat. Jackson also has a monthly school debt. Despite her success as a businesswoman, Jackson still carries a monthly school debt that she diligently pays off. This debt serves as a reminder of the sacrifices she made to pursue her entrepreneurial dreams. Additionally, Jackson's financial stability allows her to provide for her family's needs while also indulging in some luxurious assets like her vintage car and diamond jewelry. Analysis I Based on Fla. Stat. Ann. § 61.075 (West), this property will be split into half as to be determined by the court . In the case Dravis, 170 So. 3d at 851. The former wife appeals a final judgment of dissolution of marriage, claiming the trial court erred in determining marital assets. The court finds no error in the cash gifts and retroactive alimony portions of the judgment but must reverse it and remand for further proceedings on the equitable distribution of marital assets. The final judgment is affirmed in all other respects. In our case Jackson gets to keep the home with a current outstanding mortgage as she is determined the primary care giver of the children as she is the one who is in a fit financial position to continue paying for the mortgage of that house. Jackson will retain the 1977 Mustang GT500, and a heritage diamond necklace. The 7-year-old minivan that is paid off will have to be shared by both parties. The person whose turn it is to have the children for a given week gets the van, as that is required to provide comfortable transport to the children. As Tucker is the one who is financially unstable due to him quitting his job, he gets to keep the savings account which he will be required to use to acquire a house. Tucker will retain the 2002 Harley Davidson and a classic guitar he inherited. Tucker will also keep the 2009 Sea Ray boat that is paid off. Jackson has an additional liability of school loans to

be continued for 10 more years which she will be required to continue paying. In addition to Tucker's financial situation, Jackson also has her own financial responsibilities. Despite her school loans, she will be required to contribute to the household expenses and support their children's needs. This division of financial responsibilities ensures that both parents are actively involved in providing a comfortable life for their children. Conclusion I The equitable distribution of marital assets and liabilities is the division of property and debts after a divorce that fairly accounts for each spouse's contribution to each. This suggests that the court will consider a variety of factors, including as the duration of the marriage, the financial contributions made by each spouse, and their specific needs, while determining how to split the marital property. Other factors that may be considered in equitable distribution include the earning potential and future financial prospects of each spouse, as well as any prenuptial or postnuptial agreements that were signed. The goal of equitable distribution is to ensure a fair and just division of assets and debts, taking into consideration the unique circumstances of each divorce case. Equitable distribution also takes into account the length of the marriage and the standard of living established during the marriage. Additionally, the court may consider any contributions made by one spouse to the education or career advancement of the other spouse. By considering these factors, equitable distribution aims to provide a fair outcome that reflects the financial realities and individual circumstances of each spouse involved in the divorce. The equitable distribution of marital assets and liabilities shall be used in this case in accordance with Fla. Stat. Ann. 61.075 (West). Analysis II

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In accordance with Fla. Stat. Ann. § 61.08 (West), which states Rehabilitative alimony involves redeveloping skills or acquiring education to improve employment credentials. It requires a defined plan and can be modified or terminated based on substantial changes, noncompliance, or completion of the plan before the award's expiry. The length of the award is limited to 5 years. This type of alimony is typically granted when one spouse has sacrificed their career or education opportunities for the benefit of the marriage. It aims to provide financial assistance during the transition period, allowing the recipient to become self-sufficient and financially independent. In Robert, 820 N.W.2d at 159. Richard Robert challenges the spousal support awarded to his former wife, Deborah Robert, in the dissolution decree. The court found the decree inequitable due to the court's underestimated Deborah's earning capacity. The court modified the award to reflect Deborah's professional training and experience and ordered Richard to pay $1800 monthly in rehabilitative alimony for three years. After that, Richard will continue paying $1000 a month in traditional alimony. The court declined to award appellate attorney fees to either party. Based on the statute and the case law the court will rule in favor of tucker to receive alimony. Conclusion II Jackson will pay Tucker rehabilitative alimony in light of the fact that Tucker has relied on Jackson for financial support for the last eight years, subject to the court's approval. His return to the workforce will be made easier by this. When determining whether to reduce or cease Tucker's alimony payment, the court will consider his progress toward obtaining financial independence. Any material modifications to Tucker's financial situation that would impair his capacity to

achieve financial independence will likewise be taken into account by the court. Additionally, if Tucker gets remarried or moves in with a new partner, Jackson's need to pay rehabilitative alimony may end because it would probably affect how much he needs money. The court will also assess Tucker's efforts and actions taken to improve his earning potential and increase his income. This may include evaluating his job search activities, participation in educational or vocational programs, or any steps he has taken to enhance his skills or qualifications. Furthermore, the court will consider any substantial changes in Tucker's financial circumstances, such as unexpected expenses or loss of employment, that could hinder his ability to achieve financial independence.

Drafting Assignment Family Law

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